Breaches; Progressive Contractor Defaults Sample Clauses

Breaches; Progressive Contractor Defaults. ‌ The Progressive Contractor shall be in breach under the Agreement upon the occurrence of any one or more of the following events or conditions: (a) The Progressive Contractor fails following authorization by the Department to begin the Work under the Contract Documents. (b) The Progressive Contractor fails to satisfy any Completion Deadline. (c) The Progressive Contractor fails to perform the Work with sufficient resources to ensure the prompt completion thereof.
Sample 1
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Breaches; Progressive Contractor Defaults clause (b)) in total, unless mutually agreed upon by the Parties. The Progressive Contractor hereby acknowledges and agrees that the events described in Section 24.1.1 (
Sample 1
Breaches; Progressive Contractor Defaults clauses (l) and (m) are not curable. If the Progressive Contractor does not cure any breach or if the breach is not curable, the Progressive Contractor will be in Default and the Department may provide the Progressive Contractor and Surety notice of Default. Notwithstanding the foregoing, if the Department believes a condition affecting the Project poses an immediate and imminent danger to public health or safety, the Department may rectify the condition at the Progressive Contractor’s cost (excluding costs that would otherwise have been the Department’s responsibility under the express terms of the Agreement, if any), without notice and without awaiting lapse of any cure period. So long as the Department undertakes to rectify a condition in good faith, even if under a mistaken belief in the occurrence of such Progressive Contractor Default, such action shall not expose the Department to liability to the Progressive Contractor and shall not entitle the Progressive Contractor to any other remedy, it being acknowledged that the Department has a paramount public interest in providing and maintaining safe public use of and access to the Project. The Department’s good faith determination of the existence of such danger shall be deemed conclusive in the absence of clear and convincing evidence to the contrary.
Sample 1

Related to Breaches; Progressive Contractor Defaults

  • Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

  • Data Breaches 4.1 The Data Processor does not guarantee that its security measures will be effective under all conditions. If the Data Processor discovers a data breach within the meaning of Article

  • Material Contract Defaults The Company is not in default in any material respect under the terms of any outstanding contract, agreement, lease, or other commitment which is material to the business, operations, properties, assets, or financial condition of either of them, and there is no event of default or other event which, with notice or lapse of time or both, would constitute a default in any material respect under any such contract, agreement, lease, or other commitment in respect of which the Company has not taken adequate steps to prevent such a default from occurring.

  • Security Breaches In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

  • Claim by Contractor After receipt of the Notice of Termination from the state, the Contractor shall submit any claim for additional costs not covered herein or elsewhere in the Contract within 60 days of the effective termination date, and not thereafter. Should the Contractor fail to submit a claim within the 60-day period, the State may, at its sole discretion, based on information available to it, determine what, if any, compensation is due the Contractor and pay the Contractor the determined amount.

  • Contractor Licensing, etc. Notwithstanding Section 14.c, District may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Contract.

  • CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM CONTRACTS It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require a “first priority” basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the County. Contractor agrees to rent/sell/lease all goods and services to the County or other governmental entities as opposed to a private citizen, on a first priority basis. The County expects to pay contractual prices for all goods or services required during an emergency situation. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency.

  • Lunch Breaks The lunch break will consist of a one-half hour (or one hour where scheduled) unpaid break taken mid-way during regular work day. In the event that an employee is required to work during his regular lunch period he shall be allowed a one-half hour lunch period between the hours of ll:30 a.m. and l:00 p.m., otherwise he shall be paid double time for working through said lunch period.

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