BREACHES AND DEFAULTS. Subject to Enforced Delay, failure or delay by either party to perform any material term or provision of this Agreement (a “Breach”) following written notice and failure to cure as described hereafter constitutes a “Default” under this Agreement.
BREACHES AND DEFAULTS. [See Section 13.01 Breach, in the Master Contract.]
BREACHES AND DEFAULTS. In the event of default under this Agreement, the non-defaulting party shall have the right, but not the obligation, to cure such default and to charge the defaulting party for the cost of curing such default, including the right to offset said costs of curing the default against any sums due or which become due to the defaulting party under this Agreement. Such non-defaulting party shall use the most economically reasonable method of curing any such defaults. This Agreement or the Lease to be issued hereunder may be terminated by County in the event of a breach that has not been cured within 60 days of written notice thereof being sent to Xxxxxxxx by County. Breach shall mean a material failure to comply with any of the provisions of this Agreement, the permits under which the Landfill will be built or applicable local, state or federal law. It will also include the insolvency of Xxxxxxxx, such insolvency to be established by the filing of either a voluntary petition in bankruptcy showing Xxxxxxxx as the debtor or an involuntary petition that is not dismissed within 180 days. In the event of a breach and the appropriate notice thereof to by County, the 60-day limit will be extended for so long as Xxxxxxxx is actively and continuously pursuing a course of actions which will reasonably lead to a curing of that breach. In the event complete closure of the Landfill becomes necessary for any reason other than final closure upon the Landfill being filled with waste, the Landfill may be reconveyed to Xxxxxxxx at the County’s discretion. If, at some later time following such closure, the operation of the Landfill becomes permissible under then current regulations, then the Landfill will again be conveyed to County, and it will be operated as set forth herein by Xxxxxxxx. The parties agree that there are certain practices which are critical to the operation of the Landfill, such practices include only the following:
1. Prompt leachate disposal in accordance herewith;
2. Disposal in the Landfill of only wastes allowed by this Agreement; and
3. Construction and closure of any segment of the disposal area of the Landfill according to design criteria. If Xxxxxxxx, its employees or agents should intentionally violate any of the three practices listed above as required by this Agreement or be grossly negligent in such practices, County shall notify Xxxxxxxx in writing of such intentional violation and the same must be cured within 30 days or such additional time as may ...
BREACHES AND DEFAULTS. Except as set forth in Schedule --------------------- --------
(a) each Transferred Contract is a valid and binding agreement of a Seller, enforceable against such Seller in accordance with its terms, and Sellers do not have any Knowledge that any Transferred Contract is not a valid and binding agreement of the other parties thereto;
(b) to Sellers' Knowledge, each Seller has fulfilled all material obligations required pursuant to the Transferred Contracts required to have been performed by such Seller prior to the date hereof;
(c) no Seller is in material breach of or material default under any Transferred Contract, and no event has occurred which with the passage of time or giving of notice or both would constitute such a material default, result in a loss of material rights or result in the creation of any Encumbrance thereon;
(d) to Sellers' Knowledge, there is no existing material breach or material default by any other party to any Transferred Contract, and no event has occurred which with the passage of time or giving of notice or both would constitute a material default by such other party, result in a loss of rights or result in the creation of any Encumbrance; and
(e) the continuation, validity and effectiveness of each Transferred Contract will not be affected by the transfer thereof to Buyer under this Agreement, and all Transferred Contracts are assignable to Buyer without the consent of any Person; and
(f) true, correct and complete copies of all Transferred Contracts have previously been delivered by Sellers to Buyer.
BREACHES AND DEFAULTS. 46 ARTICLE 14 – ENFORCEMENT OF AGREEMENT/REMEDIES 47 ARTICLE 15 – GENERAL PROVISIONS 50 ARTICLE 16 – EXECUTION OF AGREEMENT 51 ATTACHMENT 3.01a TRANSFER SERVICES READINESS BENCHMARKS 52 ATTACHMENT 3.01b FORM OF LEASE 53 ATTACHMENT 3.01c OPERATIONS AND MAINTENANCE PLAN 54 ATTACHMENT 3.04a PERMITS 55 ATTACHMENT 3.04b AGREEMENT FOR THE PROVISIONS OF PROJET EVALUATION SERVICES 56 ATTACHMENT 3.07 ACCEPTANCE TESTS 57 ATTACHMENT 4.05c 59 ATTACHMENT 4.10 CONTRACTOR’S BACK-UP TRANSFER SITE 60 ATTACHMENT 4.13d CHECK SHEETS FOR TRANSPORT CONTAINERS 61 ATTACHMENT 4.18 EQUIPMENT SPECIFICATIONS 62 ATTACHMENT 4.19b TIPPING FLOOR BASELINE AND MONITORING PLAN 63 ATTACHMENT 4.26 KEY PERSONNEL 64 ATTACHMENT 8.02(1) TRANSFER SERVICE FEE ADJUSTMENTS: ANNUAL 66
BREACHES AND DEFAULTS. Nothing in this Section 5 shall be deemed to limit or otherwise affect the rights or remedies of any party hereto available at law or in equity as a result of or in connection with any breach of or this Agreement by any other party hereto.
BREACHES AND DEFAULTS. 53 11.01 Breaches 53 11.02 Default 59 11.03 Substitute Services 62 11.04 Authority Use of Facility 63 11.05 [Reserved] 64 11.06 Waiver 64 11.07 Determination of Remedy or Cure of Breach or Default 64 11.08 Criminal Activity of Contractor 64 11.09 Uncontrollable Circumstances 65 11.10 Payment of Service Fee Held in Abeyance 67 ARTICLE 12. SUSPENTION AND TERMINATION 68
BREACHES AND DEFAULTS. 11.01 Breaches
a. Definition of Contractor Breaches. A breach is a material failure to perform any of Contractor’s Obligations in accordance with the provisions of this Agreement. In addition, the following events shall constitute a breach by the Contractor:
BREACHES AND DEFAULTS. The Design-Build Contractor shall give prior written notice to the Sewer District of any material proposed and final amendments to any Subcontract and shall not enter into any such amendment which is material and adverse to the rights and obligations of the Sewer District hereunder without the Sewer District’s prior written consent. The Design-Build Contractor shall notify the Sewer District promptly of any material breach or event of default occurring under the Subcontract and the probable effect on the Design-Build Work. The Design-Build Contractor shall keep the Sewer District apprised of the course of the dispute and shall advise the Sewer District of its ultimate resolution.
BREACHES AND DEFAULTS. In the event of a Breach (“inbreuk”) of any of the Warranties (“Breach”) the Warrantor shall reimburse and hold harmless (“schadeloos stellen”) either the Purchaser or the pertinent member of the Group (at the option of the Purchaser) for all Damages suffered by the Purchaser or the relevant member of the Group as a result of such Breach, without prejudice to other statutory rights of the Purchaser. In addition, in the event of a default (“tekortkoming”) in the compliance (“nakoming”) by Seller of any other obligations under this Agreement (“Default”), the Seller shall reimburse and hold harmless (“schadeloos stellen”) either the Purchaser or the pertinent member of the Group (at the option of the Purchaser) for all Damages suffered by the Purchaser or the relevant member of the Group as a result of such Default, without prejudice to other statutory rights of the Purchaser.
