City's Right to Terminate Contract. The City shall have the right at its discretion and determination to terminate the contract following ten (10) calendar days written notice. The consultant shall be entitled to payment for work thus far performed and any associated expenses, but only after the city has received to its satisfaction the work completed in connection with the services to be rendered under this agreement.
City's Right to Terminate Contract. 23.1 If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, CITY may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. Nevertheless, Surety waives its right to notice pursuant to this paragraph. If CONTRACTOR, within a period of ten (10) calendar days after such notice, shall not proceed in accordance therewith, then CITY may neglect or default the CONTRACTOR and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in City’s sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project and any fines or levies that may be assessed against the City by any governmental entity or by Broward County as a result of late completion of the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said ex...
City's Right to Terminate Contract. Should the Consultant materially breach, or fail to perform any provision of the contract, the City, after thirty days' written notice to the Consultant, and its surety, if any, may, without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Consultant or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish the work by such means as the City sees fit.
City's Right to Terminate Contract. If CONTRACTOR should be adjudged a bankrupt, or if it should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of its insolvency, or if it should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials or equipment, or if it should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, and ordinances, or otherwise be in substantial violation of any provision of the Agreement, then the CITY when sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving CONTRACTOR, and its surety, seven (7) days written notice, terminate this Agreement and finish the work by whatever method it may deem expedient. In such case, the Contractor will be paid for all work that is satisfactorily done until the date of termination.
City's Right to Terminate Contract. The City may, without prejudice to any other right or remedy, and after giving CM/GC five business days’ written notice and an opportunity to cure, terminate the Contract in whole or in part under the following conditions:
City's Right to Terminate Contract. Without prejudice to any other right or remedy, the CITY may terminate this Agreement for cause by providing the CONTRACTOR and its surety with seven (7) days' written notice of termination. For purposes of this Agreement, cause includes, but is not limited to: the adjudication of the CONTRACTOR as a bankrupt; the making of a general assignment by the CONTRACTOR for the benefit of its creditors; the appointment of a receiver because of the CONTRACTOR's insolvency; the CONTRACTOR's persistent or repeated refusal or failure, except for cases in which extension of time is provided, to supply enough properly-skilled workers or proper materials to perform the Services; the CONTRACTOR's persistent disregard of federal, state or local statutes, laws, codes, rules, regulations, orders or ordinances; and the CONTRACTOR’s substantial violation of any provisions of this Agreement. In the event of a termination for cause, the CITY may take possession of the premises and of all materials, tools and appliances thereon and finish the Services by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Services are finished. If the unpaid balance of the Agreement price shall exceed the expense of finishing the Services, including compensation for additional architectural, managerial, and administrative services, such excess shall be paid to the CONTRACTOR. If such expense shall exceed such unpaid balance, the CONTRACTOR shall pay the difference to the CITY. Further, the CITY may terminate this Agreement for convenience upon thirty (30) days' written notice to the CONTRACTOR, in which case, the CITY shall pay the CONTRACTOR for all Services satisfactorily performed and materials purchased up to the date of receipt of such notice by the CONTRACTOR. In the event that the CITY terminates this Agreement for cause and it subsequently is determined that cause did not exist, such termination shall be deemed to be for convenience.
City's Right to Terminate Contract. 11.1 Without limiting the City's rights or remedies upon default by the Association pursuant to this agreement, the City may terminate this Agreement on written notice to the Association in the event that:
a. The Association makes an assignment for the benefit of creditors or becomes bankrupt or insolvent, or an order is made for the winding-up of the Association;
b. The Association fails to institute appropriate corrective action forthwith after written notification by the City of any failure on the part of the Association to comply with any of the terms and specifications of this Agreement;
c. The Association abandons the Xxxxxx Building or the Outdoor Market Area or fails to conduct a farmers’ market on at least forty (40) Saturdays in each year of the Term;
d. The Xxxxxx Building is destroyed, or is otherwise rendered incapable of use, in whole or in part.
11.2 Notwithstanding 11.1(d), the City shall use its best efforts to make the Outdoor Market Area available to the Association upon the same terms and conditions as are contained in this Agreement.
City's Right to Terminate Contract. 13.1 The CITY may terminate this Contract upon the occurrence of any one or more of the events hereafter specified:
13.1.1 If the CONTRACTOR should be adjudged bankrupt.
13.1.2 If the CONTRACTOR should make a general assignment of benefit of his creditors.
13.1.3 If a receiver should be appointed on the account of insolvency of the CONTRACTOR.
13.1.4 If CONTRACTOR should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the work.
13.1.5 If the CONTRACTOR shall fail to complete the work within the time specified in the contract.
13.1.6 If the CONTRACTOR shall fail to make a prompt payment to subcontractors or for material or labor.
13.1.7 If CONTRACTOR should persistently disregard laws, ordinances or regulations of Federal, State or municipal agencies or subdivisions thereof.
13.1.8 If CONTRACTOR should persistently disregard instructions of Management, or otherwise be guilty of a substantial violation of the contract.
13.2 This Contract, and any amendments or extensions to said Contract may be terminated for any reason not previously identified by either party by giving ten (10) days written notice to the other party. In the event that this Contract is terminated by the CITY, CONTRACTOR shall not be entitled to receive any further balance of the amount to be paid under this Contract until the work shall have been fully finished. At such time, if the unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by the CITY in finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect, failure of discontinuance of employment, such excess shall be paid by the CITY to CONTRACTOR. If such expense and damages shall exceed the unpaid balance, CONTRACTOR and his surety and each thereof shall be jointly and severally liable therefore to CITY and shall pay the difference to the CITY. Such expense and damage shall include all legal costs incurred by the CITY in employment of attorneys to protect the rights and interests of the CITY under the contract; provided such legal costs shall be reasonable.
City's Right to Terminate Contract. 20.1 Upon the occurrence of non-appropriation by the City Council or in the event of a default by the City under the terms of the Lease Agreement, Exhibit P, the CM/GC recognizes and agrees that the Trustee may, in its sole discretion, accept assignment of this Contract from the City and complete the Project utilizing any moneys available therefor, or terminate some or all of the Project and in the event of termination, the CM/GC shall then be entitled to payment only from amounts available therefor and only for work done prior to such termination.
City's Right to Terminate Contract. A. Termination for Default
1. City may terminate, without prejudice to any right or remedy of City the Work, or any part of it, for cause upon the occurrence of any one or more of the following events:
a. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Substantial Completion of the Work within the Contract Time;
b. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Final Acceptance of the Work in a timely manner;
c. Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency;
d. Contractor fails in a material way to repair, replace or correct Work not in conformance with the Contract;
e. Contractor repeatedly fails to supply skilled workers or proper materials or equipment;
f. Contractor repeatedly fails to make prompt payment to its employees or Subcontractors;
g. Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, permits, easements or orders of any public authority having jurisdiction;
h. Contractor fails to comply with all Contract safety requirements; or
i. Contractor is otherwise in material breach of any provision of the Contract, including but not limited to quality control, environmental requirements, administrative requirements, coordination and supervision.
2. If City reasonably believes that one of the aforementioned events has occurred, City will provide the Contractor with written Notice of its intent to terminate the Contractor for default, specifying within such notice the ground(s) for such termination. City, at its option, shall require the Contractor to either promptly correct the deficiencies noted in City’s intent to terminate or provide City with a corrective action plan as to how such deficiencies will be remedied or cured in a timely fashion. However, if after receipt of the proposed remedy, City has a reasonable basis for concluding that the Contractor has (a) failed or is unwilling to repair, replace or correct the deficiencies, or (b) failed or is unwilling to provide a reasonable and satisfactory corrective action plan, City shall thereafter have the right to terminate this Contract for default.
3. Upon termination, City may at its option:
a. Take possession of the Site and possession of or use of all materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor; and/...
