Common use of Breach Provisions Clause in Contracts

Breach Provisions. The Recipient may be in material breach under this Agreement if it fails to comply with any term of this Agreement. In the event of a material breach, CDFA shall provide in writing a Notice of Breach to the Recipient within ten (10) calendar days upon discovery of breach. Recipient shall have ten (10) calendar days from receipt of the notice to cure the breach. If the Recipient fails to cure the breach within the time prescribed by this Agreement, CDFA may do any of the following: A. Suspend payments; B. Demand repayment of all funding; C. Terminate the Agreement; or D. Take any other action deemed necessary to recover costs. If CDFA determines that Recipient is not in material breach but that a Project is not being implemented in accordance with the provisions of this Agreement, or that Recipient has failed in any other respect to comply with the provisions of this Agreement, and if Recipient does not remedy any such failure in a reasonable manner, CDFA may withhold all or any portion of the grant funding and take any other action that CDFA deems necessary to protect its interests. Where a portion of the grant funding has been disbursed to the Recipient and CDFA notifies Recipient of its decision not to release funds that have been withheld pursuant to Exhibit B, Suspension of Payments Provision, the portion that has been disbursed shall thereafter be repaid immediately. CDFA may consider Recipient’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Suspension of Payments Provision. If CDFA notifies Recipient of its decision to withhold the entire funding amount from Recipient pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by Recipient and CDFA shall no longer be required to provide funds under this Agreement and the Agreement shall no longer be binding on either party. In the event CDFA finds it necessary to enforce this provision of this Agreement in the manner provided by law, Recipient agrees to pay all costs incurred by CDFA including, but not limited to, reasonable attorneys’ fees, legal expenses, and costs.

Breach Provisions. The Recipient Grantee may be in material breach under this Agreement if it fails to comply with any term of this Agreement. In the event of a material breach, CDFA CDA shall provide in writing a Notice of Breach to the Recipient Grantee within ten (10) calendar days upon discovery of breach. Recipient Grantee shall have ten (10) calendar days from receipt of the notice to cure the breach. If the Recipient Grantee fails to cure the breach within the time prescribed by this Agreement, CDFA CDA may do any of the following: A. Suspend payments; B. Demand repayment of all funding; C. Terminate the Agreement; or D. Take any other action deemed necessary to recover costs. If CDFA CDA determines that Recipient Grantee is not in material breach but that a Project is not being implemented in accordance with the provisions of this Agreement, or that Recipient Grantee has failed in any other respect to comply with the provisions of this Agreement, and if Recipient Grantee does not remedy any such failure in a reasonable manner, CDFA CDA may withhold all or any portion of the grant funding and take any other action that CDFA CDA deems necessary to protect its interests. Where a portion of the grant funding has been disbursed to the Recipient Grantee and CDFA CDA notifies Recipient Grantee of its decision not to release funds that have been withheld pursuant to Exhibit BC, Suspension of Payments Provision, the portion that has been disbursed shall thereafter be repaid immediately. CDFA CDA may consider RecipientXxxxxxx’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Suspension of Payments Provision. If CDFA CDA notifies Recipient Grantee of its decision to withhold the entire funding amount from Recipient Grantee pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by Recipient Grantee and CDFA CDA shall no longer be required to provide funds under this Agreement and the Agreement shall no longer be binding on either party. In the event CDFA CDA finds it necessary to enforce this provision of this Agreement in the manner provided by law, Recipient Xxxxxxx agrees to pay all costs incurred by CDFA CDA including, but not limited to, reasonable attorneys’ fees, legal expenses, and costs.

Breach Provisions. The Recipient may be in material breach under this Agreement if it fails Xxxxxxx’s failure to comply with any term of this AgreementAgreement may constitute a material breach. In the event of a material breach, CDFA the State shall provide in writing a written Notice of Breach to the Recipient Grantee within ten (10) calendar business days upon discovery of the breach. Recipient Grantee shall have ten (10) calendar business days from receipt of the notice to cure the breach. If the Recipient Grantee fails to cure the breach within the time prescribed by this Agreement, CDFA CDA may do any of the following: A. Suspend Order the State to suspend payments; B. Demand repayment of all fundingfunding from the Grantee to the State; C. Terminate the Agreement; or D. Take any other action deemed necessary to recover costs. If CDFA CDA determines that Recipient Grantee is not in material breach but that a Project is not being implemented in accordance with the provisions of this Agreement, or that Recipient Grantee has failed in any other respect to comply with the provisions of this Agreement, and if Recipient Grantee does not remedy any such failure in a reasonable manner, CDFA CDA may withhold all or any portion of the grant funding and take any other action that CDFA CDA deems necessary to protect its interests. Where a portion of the grant funding has been disbursed to the Recipient Grantee and CDFA CDA notifies Recipient Grantee of its decision not to release funds that have been withheld pursuant to Exhibit BC, Suspension of Payments Provision, the portion that has been disbursed shall thereafter be repaid immediately. CDFA CDA may consider RecipientXxxxxxx’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Suspension of Payments Provision. If CDFA CDA notifies Recipient Grantee of its decision to withhold the entire funding amount from Recipient Grantee pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by Recipient Grantee and CDFA CDA shall no longer be required to provide funds under this Agreement and the Agreement shall no longer be binding on either party. In the event CDFA CDA finds it necessary to enforce this provision of this Agreement in the manner provided by law, Recipient Xxxxxxx agrees to pay all costs incurred by CDFA CDA including, but not limited to, reasonable attorneys’ fees, legal expenses, and costs.

Breach Provisions. The Recipient may be in material breach under this Agreement if it fails Xxxxxxx’s failure to comply with any term of this AgreementAgreement may constitute a material breach. In the event of a material breach, CDFA the Grant Administrator shall provide in writing a written Notice of Breach to the Recipient Grantee within ten (10) calendar business days upon discovery of the breach. Recipient Grantee shall have ten (10) calendar business days from receipt of the notice to cure the breach. If the Recipient Grantee fails to cure the breach within the time prescribed by this Agreement, CDFA CDA may do any of the following: A. Suspend Order the Grant Administrator to suspend payments; B. Demand repayment of all fundingfunding from the Grantee to the Grant Administrator; C. Terminate the Agreement; or D. Take any other action deemed necessary to recover costs. If CDFA CDA determines that Recipient Grantee is not in material breach but that a Project is not being implemented in accordance with the provisions of this Agreement, or that Recipient Grantee has failed in any other respect to comply with the provisions of this Agreement, and if Recipient Grantee does not remedy any such failure in a reasonable manner, CDFA CDA may order the Grant Administrator to withhold all or any portion of the grant funding and take any other action that CDFA CDA deems necessary to protect its interests. Where a portion of the grant funding has been disbursed to the Recipient Grantee and CDFA CDA or the Grant Administrator on behalf of CDA notifies Recipient Grantee of its decision not to release funds that have been withheld pursuant to Exhibit BC, Suspension of Payments Provision, the portion that has been disbursed shall thereafter be repaid immediately. CDFA CDA may consider RecipientXxxxxxx’s refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Suspension of Payments Provision. If CDFA the Grant Administrator on behalf of CDA notifies Recipient Grantee of its decision to withhold the entire funding amount from Recipient Grantee pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by Recipient Grantee and CDFA CDA and the Grant Administrator shall no longer be required to provide funds under this Agreement and the Agreement shall no longer be binding on either party. In the event CDFA CDA finds it necessary to enforce this provision of this Agreement in the manner provided by law, Recipient Xxxxxxx agrees to pay all costs incurred by CDFA CDA and the Grant Administrator including, but not limited to, reasonable attorneys’ fees, legal expenses, and costs.