Common use of Breach by Contractor Clause in Contracts

Breach by Contractor. Each of the following shall constitute a Breach on the part of the Contractor: a) A consistent pattern of failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a). b) Failure of the Contractor to pay, within thirty (30) days after notice from the Village of nonpayment, amounts which are undisputed or which are due to the Village under this Agreement; c) Repeated failure of the Contractor to comply with Section 9.2(h) of this Agreement; d) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement not referenced within Section 10.1(a) of this Agreement, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) days after notice to the Contractor from the Village of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or e) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (2) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Agreement.

Breach by Contractor. Each of the following shall constitute a Breach on the part of the Contractor: a) A consistent pattern of failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a). b) Failure of the Contractor to pay, within thirty (30) days after notice from the Village of nonpayment, amounts which are undisputed undisputed, or which are due to the Village under this Agreement;. c) Repeated failure of the Contractor to comply with Section 9.2(h9.3(h) of this Agreement;. d) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement not referenced within Section Sections 10.1(a) or 10.1(b) of this Agreement, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) business days after notice to the Contractor from the Village of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or e) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee trustee, or liquidator for a substantial part of its property, (2) a bankruptcy, reorganization, insolvency, arrangement arrangement, or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3) a bankruptcy, reorganization, insolvency, arrangement arrangement, or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4) any action or answer by the Contractor approving of, consenting to to, or acquiescing in any such proceeding, or (5) the levy of any distress, execution execution, or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Agreement.

Breach by Contractor. Each of the following shall constitute a Breach on the part of the Contractor: a) A consistent pattern of failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a). b) Failure of the Contractor to pay, within thirty (30) days after notice from the Village of nonpayment, amounts which are undisputed or which are due to the Village under this Agreement; c) Repeated failure of the Contractor to comply with Section 9.2(h9.3(h) of this Agreement; d) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement not referenced within Section Sections 10.1(a) or 10.1(b) of this Agreement, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) business days after notice to the Contractor from the Village of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or e) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (2) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Agreement.

Breach by Contractor. Each of the following shall constitute a Breach breach on the part of the Contractor: (a) A consistent pattern of failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a). b) Failure of the Contractor to pay, within thirty (30) days after notice from the Village Township of such nonpayment, amounts which are undisputed or which are due to the Village Township under this Agreement;. Contractor shall give Township prompt notice of any disputed amount and shall timely pay the undisputed portion of any amount invoiced by Township, c(b) Repeated failure of the Contractor to comply with Section 9.2(h) of this Agreement; d) Failure of the Contractor to perform in a timely fashion any material obligation under this Agreement not referenced within Section 10.1(a) of this Agreement, except that such failure shall constitute a Breach breach only if such failure remains uncured for seven (7) five business days after notice to the Contractor from the Village Township (the “cure period”) of such failure; provided however, failure (unless such breach results in the generation of an immediate hazard to public safety or welfare in which case the Township may require a more expedient cure which is reasonable under the circumstances). If any alleged breach is of such type and kind that this seven (7) day notice with opportunity to cure shall it cannot be required reasonably cured within the cure period, Contractor shall have a reasonable amount of time in which to effect a cure, (c) the event of persistent and repeated failure to perform; or e) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee trustee, or liquidator for a substantial part of its property, , (2d) a bankruptcy, winding up, reorganization, insolvency, arrangement arrangement, or similar proceeding being threatened or instituted by the Contractor under the laws of any jurisdiction, , (3e) a bankruptcy, winding up, reorganization, insolvency, arrangement arrangement, or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty days, (120) days, (4f) any action or answer by the Contractor approving of, consenting to to, or acquiescing in any such proceeding, or or (5g) the levy of any distress, execution execution, or attachment upon the property of the Contractor which shall (shall, or which reasonably might be expected to) , substantially interfere with its performance under this Agreement. (h) the assignment or attempt to assign this Agreement to any other party, in bankruptcy or otherwise. This Agreement shall not be an assignable asset of the Contractor and shall not be pledged as collateral, except with the Townships written consent, which consent may be withheld at the sole and absolute discretion of the Township.

Breach by Contractor. Each of the following shall constitute a Breach on the part of the Contractor: a) A consistent pattern of failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a). b1) Failure of the Contractor to pay, within thirty (30) days after notice from the Village Municipality of such nonpayment, amounts which are undisputed or which are due to the Village Municipality under this Solid Waste Services Agreement; c) Repeated failure of the Contractor to comply with Section 9.2(h) of this Agreement; d2) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement Solid Waste Contract not referenced included within Section 10.1(asubparagraph 1) of this Agreementabove, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) days after notice to the Contractor from the Village Municipality of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or e) Any of the following: (1A) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (2B) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3C) a bankruptcy, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4D) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5E) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Solid Waste Services Agreement. 4) If the Contractor misses a scheduled collection(s) under this Agreement, the missed scheduled solid waste collection(s) must be corrected within 24 hours of being reported to the Contractor. If the scheduled collection(s) is not corrected by the Contractor within 24 hours, a charge of $10.00 per missed scheduled collection(s) will be charged to the Contractor by the Municipality. This provision will not be enforced if the missed scheduled collection(s) is due to a labor dispute of the Contractor's labor force, however, if the missed scheduled solid waste collection(s) is not corrected within seven (7) calendar days, the $10 charge as stated above will become retroactive to the first day and collectable by the Municipality. 5) If the Contractor violates an Ordinance of the Municipality, for the first offense in a contract year a written warning will be issued by the Municipality, for each offense after the first offense a $100 per offense charge will be levied against the Contractor. 6) All charges levied against the Contractor under sections 9.1 (4) and (5) will be remitted to the Municipality within 30 days of a written charge.

Breach by Contractor. Each of the following shall constitute a Breach on the part of the Contractor: a) A consistent pattern of failure by the Contractor to respond timely to and address Customer complaints in keeping with the customer service standards in Article IX and as further defined in Section 9.3(a). b) Failure of the Contractor to pay, within thirty (30) days after notice from the Village of nonpayment, amounts which are undisputed or which are due to the Village under this Agreement; c) Repeated failure of the Contractor to comply with Section 9.2(h) of this Agreement; d) Failure of the Contractor to perform in a timely fashion any obligation under this Agreement not referenced included within Section 10.1(asubparagraph (i) of this Agreementabove, except that such failure shall constitute a Breach only if such failure remains uncured for seven ten (710) business days after notice to the Contractor from the Village of such failure; provided however, however that this seven ten (710) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or eb) Any of the following: (1) The Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (2) ; a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws law of any jurisdiction, (3) ; a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (4) ; any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under this Agreement. The obligations of the Contractor shall be suspended in the event the collection, transportation or disposal of waste is prevented by a cause or causes beyond the reasonable control of the Contractor. Such causes shall include, but not be limited to acts of nature, acts of war, riot, fire, work stoppage or labor strike, flood or sabotage, and acts of terrorism. In the event any of the foregoing occurs, the Contractor asserts a right to suspend performance The Contractor shall (i) within a reasonable time after it has knowledge of the effective cause, notify the Village of the cause for suspension and (ii) advise the Village when the suspending event has ended and when performance will be resumed, which in no event shall be longer than ten (10) business days. Once the suspending event ends, the Contractor will promptly resume performance.