Common use of City of Xxxxxxx’s Right to Terminate Clause in Contracts

City of Xxxxxxx’s Right to Terminate. ‌ In this section, “Contractor” also includes any corporation that directly or indirectly controls the Contractor. In any of the following situations, the Contractor is in default under this Contract and the City of Weyburn may, without prejudice to any other right or remedy it may have, terminate this Contract by providing written notice to the Contractor to that effect: a. If the Contractor fails to diligently carry out the Work as provided in this Contract, including failure by the Contractor to achieve progress in the performance of the Work as described in this Contract and the Contractor does not remedy or commence remedying the failure within 10 days after receiving written notice of it from the City of Weyburn, or fails to diligently continue to remedy the failure thereafter to completion. b. If the City of Weyburn gives the Contractor notice of a default of this Contract and the Contractor fails to remedy or commence remedying such default within 10 days after such notice, or fails to diligently continue to remedy such default thereafter to completion. c. Upon occurrence of any of the following events, namely, if the Contractor: i. Is bankrupt or insolvent or has committed or suffered any act of bankruptcy or insolvency; ii. Makes any general assignment for the benefit of its creditors; iii. Is subject to the appointment of a receiver, manager, trustee or liquidator in respect of the Contractor or its business and such appointment is not being contested in good faith by appropriate proceedings (in which case the termination is deemed to take place one day before such appointment); iv. Ceases to carry on business or threatens to cease to carry on business; v. Has liquidated itself under the direction of a court or otherwise; or vi. Has commenced proceedings or the passing of an effective resolution for the dissolution, liquidation or winding up of itself.

City of Xxxxxxx’s Right to Terminate. ‌ In this section, “Contractor” also includes any corporation that directly or indirectly controls the Contractor. The lowest or any tender will not necessarily be accepted. In any of the following situations, the Contractor is in default under this Contract and the City of Weyburn may, without prejudice to any other right or remedy it may have, terminate this Contract by providing written notice to the Contractor to that effect: a. If the Contractor fails to diligently carry out the Work as provided in this Contract, including failure by the Contractor to achieve progress in the performance of the Work as described in this Contract and the Contractor does not remedy or commence remedying the failure within 10 days after receiving written notice of it from the City of Weyburn, or fails to diligently continue to remedy the failure thereafter to completion. b. If the City of Weyburn gives the Contractor notice of a default of this Contract and the Contractor fails to remedy or commence remedying such default within 10 days after such notice, or fails to diligently continue to remedy such default thereafter to completion. c. Upon occurrence of any of the following events, namely, if the Contractor: i. Is is bankrupt or insolvent or has committed or suffered any act of bankruptcy or insolvency; ii. Makes makes any general assignment for the benefit of its creditors; iii. Is is subject to the appointment of a receiver, manager, trustee or liquidator in respect of the Contractor or its business and such appointment is not being contested in good faith by appropriate proceedings (in which case the termination is deemed to take place one day before such appointment); iv. Ceases ceases to carry on business or threatens to cease to carry on business; v. Has has liquidated itself under the direction of a court or otherwise; or vi. Has has commenced proceedings or the passing of an effective resolution for the dissolution, liquidation or winding up of itself.

City of Xxxxxxx’s Right to Terminate. ‌ In this section, “Contractor” also includes any corporation that directly or indirectly controls the Contractor. In any of the following situations, the Contractor is in default under this Contract and the City of Weyburn may, without prejudice to any other right or remedy it may have, terminate this Contract by providing written notice to the Contractor to that effect: a. If the Contractor fails to diligently carry out the Work as provided in this Contract, including failure by the Contractor to achieve progress in the performance of the Work as described in this Contract and the Contractor does not remedy or commence remedying the failure within 10 days after receiving written notice of it from the City of Weyburn, or fails to diligently continue to remedy the failure thereafter to completion. b. If the City of Weyburn gives the Contractor notice of a default of this Contract and the Contractor fails to remedy or commence remedying such default within 10 days after such notice, or fails to diligently continue to remedy such default thereafter to completion. c. Upon occurrence of any of the following events, namely, if the Contractor: i. Is bankrupt or insolvent or has committed or suffered any act of bankruptcy or insolvency; ii. Makes any general assignment for the benefit of its creditors; iii. Is subject to the appointment of a receiver, manager, trustee or liquidator in respect of the Contractor or its business and such appointment is not being contested in good faith by appropriate proceedings (in which case the termination is deemed to take place one day before such appointment); iv. Ceases to carry on business or threatens to cease to carry on business; v. Has liquidated itself under the direction of a court or otherwise; or vi. Has commenced proceedings or the passing of an effective resolution for the dissolution, liquidation or winding up of itself.