Common use of BREACHES, DEFAULTS AND TERMINATION FOR CAUSE Clause in Contracts

BREACHES, DEFAULTS AND TERMINATION FOR CAUSE. Termination of Individual SWOs: If Owner deems that Contractor has failed in any respect to prosecute the Work of an SWO as specified by the Agreement, Owner shall provide written Notice to Contractor of the same, specifying the default(s) to be remedied. Contractor shall, unless a longer period is specified in the Notice, have five (5) days following the day of receipt of the Notice in which to remedy the default(s). If Contractor has failed to remedy the default within the time allotted by the Notice, Owner shall have the right: to terminate the SWO immediately upon giving Notice and remedy the default by any means possible. Owner shall deduct any costs and/or expenses incurred in providing the remedy from any money due or to become due to Contractor under this Agreement; or without prejudice to any other rights or remedies of Owner and subject to any prior rights of the Surety, take possession of the Project Site and all materials and any equipment tools, appliances, and construction equipment and machinery owned by Contractor; accept assignment of any and all Subcontractor agreements pursuant to Article 2.7.2; and finish the Work by whatever reasonable method(s) Owner may deem expedient and appropriate; or if Owner considers that the default is sufficient ground for such action, contact Contractor's Surety(ies) and inform them that if the defaults are not remedied, Contractor's control over the Work will be terminated. Termination of the Agreement: Notwithstanding the above, Owner shall have the right to terminate this Agreement and all SWOs not yet completed and accepted, for cause for any other material breach of this Agreement. Upon such termination, Owner shall have the same rights with regard to the treatment of individual SWOs as specified above. Termination of the Facilities Services Agreement: Unless the AOC specifies otherwise, this Agreement will automatically terminate upon the termination by the AOC of the Facilities Services Agreement.

BREACHES, DEFAULTS AND TERMINATION FOR CAUSE. Termination of Individual SWOs: If Owner deems that Contractor has failed in any respect to prosecute the Work of an SWO as specified by the Agreement, Owner shall provide written Notice to Contractor of the same, specifying the default(s) to be remedied. Contractor shall, unless a longer period is specified in the Notice, have five (5) days following the day of receipt of the Notice in which to remedy the default(s). If Contractor has failed to remedy the default within the time allotted by the Notice, Owner shall have the right: to terminate the SWO immediately upon giving Notice and remedy the default by any means possible. Owner shall deduct any costs and/or expenses incurred in providing the remedy from any money due or to become due to Contractor under this Agreement; or without prejudice to any other rights or remedies of Owner and subject to any prior rights of the Surety, take possession of the Project Site and all materials and any equipment tools, appliances, and construction equipment and machinery owned by Contractor; accept assignment of any and all Subcontractor agreements pursuant to Article 2.7.2; and finish the Work by whatever reasonable method(s) Owner may deem expedient and appropriate; or if Owner considers that the default is sufficient ground for such action, contact Contractor's Surety(ies) and inform them that if the defaults are not remedied, Contractor's control over the Work will be terminated. Termination of the Agreement: Notwithstanding the above, Owner shall have the right to terminate this Agreement and all SWOs not yet completed and accepted, for cause for any other material breach of this Agreement. Upon such termination, Owner shall have the same rights with regard to the treatment of individual SWOs as specified above. Termination of the Facilities Services Agreement: Unless the AOC specifies otherwise, this Agreement will automatically terminate upon the termination by the AOC of the Facilities Services Agreement.

BREACHES, DEFAULTS AND TERMINATION FOR CAUSE. Termination of Individual SWOs: If Owner the AOC deems that the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed to comply with Public Contract Code Section 10262, or has failed in any other respect to prosecute the Work of an SWO as with the diligence and force specified by the AgreementContract, Owner shall provide the AOC may: after written Notice notice of at least 5 days to Contractor of the sameContractor, specifying the default(s) defaults to be remedied. Contractor shall, unless a longer period is specified in provide any such labor or materials and deduct the Notice, have five (5) days following the day of receipt of the Notice in which to remedy the default(s). If Contractor has failed to remedy the default within the time allotted by the Notice, Owner shall have the right: to terminate the SWO immediately upon giving Notice and remedy the default by any means possible. Owner shall deduct any costs and/or expenses incurred in providing the remedy cost from any money due or to become due to the Contractor under this Agreementthe Contract; or if the AOC considers that the failure is sufficient ground for such action, the AOC may give written notice of at least 5 days to the Contractor and the Contractor's sureties, that if the defaults are not remedied, the Contractor's control over the Work will be terminated. Should the AOC exercise its rights to terminate as noted in Subparagraph 2.3.1, the AOC may, without prejudice to any other rights or remedies of Owner the AOC and subject to any prior rights of the Surety, : terminate employment of the Contractor; take possession of the Project Site site and all materials and any equipment materials, equipment, tools, appliances, and construction equipment and machinery owned by the Contractor; accept assignment of any and all Subcontractor agreements pursuant to Article 2.7.2Paragraph 4.3; and and/or finish the Work by whatever reasonable method(s) Owner the AOC may deem expedient and appropriate; or if Owner considers that . When the default is sufficient ground AOC terminates the Contract for such actionreasons provided in Subparagraph 2.3.1, contact Contractor's Surety(ies) and inform them that if the defaults are Contractor shall not remedied, Contractor's control over the Work will be terminated. Termination entitled to receive any further payment until Completion of the Agreement: Notwithstanding Work. If the above, Owner shall have the right to terminate this Agreement and all SWOs not yet completed and accepted, for cause for any other material breach of this Agreement. Upon such termination, Owner shall have the same rights with regard to the treatment of individual SWOs as specified above. Termination of the Facilities Services Agreement: Unless the AOC specifies otherwise, this Agreement will automatically terminate upon the termination costs incurred by the AOC because of termination under Subparagraph 2.3.1 exceed the Facilities Services Agreementunpaid balance, the Contractor shall pay the difference to the AOC.