Breach by District Sample Clauses
The 'Breach by District' clause defines the consequences and procedures that apply if the school district fails to fulfill its contractual obligations. Typically, this clause outlines the steps the other party may take in response to a breach, such as providing written notice, allowing a cure period, or seeking remedies like damages or termination of the agreement. Its core function is to allocate risk and provide a clear process for addressing and resolving breaches by the district, thereby protecting the interests of the non-breaching party and ensuring accountability.
Breach by District. In the event the District fails or neglects to pay or perform according to the terms of this Agreement, the ESD may terminate this Agreement upon thirty (30) days written notice to the District & the District shall be responsible for payment of all costs as described in Section 8 above.
Breach by District. Each of the following shall constitute a Breach on the part of the District:
A. Failure of the District to pay, within thirty (30) days after notice from the Contractor of such nonpayment, amounts which are undisputed or which are due to the Contractor under this Agreement.
B. Failure of the District to perform timely any obligation under this Agreement except that such failure shall constitute a Breach only if such failure remains uncured for five (5) days, weekends and holidays excluded, after notice to the District from the Contractor of such failure;
C. The District'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;
D. A bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the District under the laws of any jurisdiction;
E. A bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted against the District under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days;
F. Any action or answer by the District approving of, consenting to or acquiescing in any such proceeding; or
G. The levy of any distress, execution or attachment upon the property of the District which shall (or which reasonably might be expected to) substantially interfere with the District's performance hereunder.
Breach by District. All covenants and agreements contained in this Agreement (including the Amended Use Agreement) are integral to this sale. Should District fail to perform any covenant, condition, or agreement contained in this Agreement, and the default is not cured within sixty (60) days after written notice of the default is served on District by ▇▇▇▇▇, then ▇▇▇▇▇ may elect, in addition to any other remedies that may be available to ▇▇▇▇▇ at law or in equity, elect to terminate the Amended Agreement and thereby terminate the District’s right to take water from the Well.
Breach by District. District breaches this Contract if:
a. District fails to pay Contractor any amount pursuant to the terms of this Contract, and District fails to cure this failure within fourteen (14) business days after delivery of Contractor's notice of breach or within a longer period as Contractor may specify in its notice; or
b. District commits any material breach of its obligations under this Contract, fails to perform its obligations hereunder within the time specified or any extension thereof, and fails to cure its failure within fourteen (14) calendar days after delivery of Contractor's notice of breach or a longer period as Contractor may specify in its notice.
Breach by District. In the event the District fails or neglects to pay or perform according to the terms of this Agreement, KSD/SRC may terminate this Agreement upon thirty (30) days written notice to the District and the District shall be responsible for payment of all damages as described in Section 8 above.
Breach by District. In the event the District fails or neglects to pay or perform according to the terms of this Contract, the NWESD may terminate this Contract upon thirty (30) days written notice to the District and the District shall be responsible for payment of all damages as described in Section 9 above.