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:
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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 (
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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.
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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.

  • Train Operator Events of Default The following are Train Operator Events of Default:

  • CONTRACTOR DEBT 5.19.1 IF CONTRACTOR, AT ANY TIME DURING THE TERM OF THIS AGREEMENT, INCURS A DEBT, AS THE WORD IS DEFINED IN SECTION 15-122 OF THE HOUSTON CITY CODE OF ORDINANCES, IT SHALL IMMEDIATELY NOTIFY THE CITY CONTROLLER IN WRITING. IF THE CITY CONTROLLER BECOMES AWARE THAT CONTRACTOR HAS INCURRED A DEBT, HE OR SHE SHALL IMMEDIATELY NOTIFY CONTRACTOR IN WRITING. IF CONTRACTOR DOES NOT PAY THE DEBT WITHIN 30 DAYS OF EITHER SUCH NOTIFICATION, THE CITY CONTROLLER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO CONTRACTOR UNDER THIS AGREEMENT, AND CONTRACTOR WAIVES ANY RECOURSE THEREFOR. CONTRACTOR SHALL FILE A NEW AFFIDAVIT OF OWNERSHIP, USING THE FORM DESIGNATED BY CITY, BETWEEN FEBRUARY 1 AND MARCH 1 OF EVERY YEAR DURING THE TERM OF THIS AGREEMENT.

  • Developer Default Each of the following shall be an Event of Default by Developer:

  • Compensation for default by the Concessionaire Subject to the provisions of Clause 35.6, in the event of the Concessionaire being in material default or breach of this Agreement, it shall pay to the Authority by way of compensation, all direct costs suffered or incurred by the Authority as a consequence of such material default or breach, within 30 (thirty) days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 35.1 for any material breach or default in respect of which Damages are expressly specified and payable under this Agreement.

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

  • Default by Contractor Contractor will be in default under this Contract if:

  • Event of Breach by Contractor Any one or more of the following Contractor acts or omissions constitute an event of material breach under this contract:  products or services furnished fail to conform to any requirement;  failure to submit any report required by this contract;  failure to perform any of the other terms and conditions of this contract, including but not limited to beginning work under this contract without prior Department approval; or  voluntary or involuntary bankruptcy or receivership.

  • Data Breaches A. Upon the discovery by the Contractor of a confirmed breach of security that results in the unauthorized release, disclosure, or acquisition of student data, the Contractor shall provide initial notice to the Board as soon as reasonably possible, after such discovery (“Initial Notice”). The Initial Notice shall be delivered to the Board by electronic mail to Superintendent Xxxxxxx X. Xxxx, xxxxx@xxxxxxxxxxxx.xxx or to the contact currently on file and shall include the following information, to the extent known at the time of notification:

  • 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.

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