COMPLETION ON CONTRACTOR'S DEFAULT Sample Clauses

COMPLETION ON CONTRACTOR'S DEFAULT. If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposal, the District, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the surety, if any, a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor and the surety, if any, such default shall be corrected or arrangements for the correction thereof satisfactory to the District shall be made, the District may take over the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor shall be liable to the District for any cost or expense in excess of the contract price occasioned thereby. In such event, the District may take possession of and utilize in completing the Project any materials, tools, supplies, equipment, appliance, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the Project. The District in such contingency may exercise any rights, claims, or demands which the Contractor may have against third persons in connection with this proposal, and for such purpose the Contractor does hereby assign, transfer, and set over unto the District all such rights, claims, and demands. No payment shall be due while the Contractor is in default in respect of any of the provisions of this contract; and the District may withhold from the Contractor the amount of any claim by a third party against either the Contractor or the District, based upon an alleged failure of the Contractor to perform work hereunder in accordance with the provisions of this contract.
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COMPLETION ON CONTRACTOR'S DEFAULT. If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this Contract, the District, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the surety, if any, a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor and the surety, if any, such default shall be corrected or arrangements for the correction thereof satisfactory to the District shall be made, the District may take over the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor shall be liable to the District for any cost or expense in excess of the contract price occasioned thereby. No payment shall be due while the Contractor is in default in respect of any of the provisions of this contract; and the District may withhold from the Contractor the amount of any claim by a third party against either the Contractor or the District, based upon an alleged failure of the Contractor to perform work hereunder in accordance with the provisions of this contract.
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Related to COMPLETION ON CONTRACTOR'S DEFAULT

  • Contractor’s Default Failure or refusal of Contractor to perform or do any act herein required shall constitute a default. In the event of any default, in addition to any other remedy available to City, this Contract may be terminated by City upon ten days written notice. Such termination does not waive any other legal remedies available to City.

  • Contractor’s Duties The Contractor shall perform all duties described in this Contract to the satisfaction of the State. Representations and Warranties Under Minn. Stat. §§ 15.061 and 16C.03, subd. 3, and other applicable law the State is empowered to engage such assistance as deemed necessary. Contractor warrants that it is duly qualified and shall perform its obligations under this Contract in accordance with the commercially reasonable standards of care, skill, and diligence in Contractor’s industry, trade, or profession, and in accordance with the specifications set forth in this Contract, to the satisfaction of the State. Contractor warrants that it possesses the legal authority to enter into this Contract and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract, or any part thereof, and to bind Contractor to its terms.

  • Contractor’s Documents Any licensing and maintenance agreement, or any order-specific agreement or document, including any pre-installation, linked or “click through” agreement that is allowed by, referenced within or incorporated within the Contract whenever the Contract is used for a State procurement, whether directly by the Contractor or through a Contractor’s agent, subcontractor or reseller, is agreed to only to the extent the terms within any such agreement or document do not conflict with the Contract or applicable Minnesota or Federal law, and only to the extent that the terms do not modify, diminish or derogate the terms of the Contract or create an additional financial obligation to the State. Any such agreement or document must not be construed to deprive the State of its sovereign immunity, or of any legal requirements, prohibitions, protections, exclusions or limitations of liability applicable to this Contract or afforded to the State by Minnesota law. A State employee’s decision to choose “accept” or an equivalent option associated with a “click- through” agreement does not constitute the State’s concurrence or acceptance of terms, if such terms are in conflict with this section. State Audits.

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

  • 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.

  • Consulting Contract – Follow-On Work ‌ No person, firm, subsidiary or subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end-product of work performed under the initial consulting to consulting-related Contract.

  • Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §14.B and the dispute resolution process in §16 shall have all remedies available at law and equity. If a Purchasing Entity is in breach of a provision of an Order, Contractor shall have all remedies available to it under that Order and available at law and equity.

  • Performance by Contractor Where Pur- chaser’s employees, agents, contractors, Subcontractors, or their employees or agents perform Purchaser’s Opera- tions in connection with fire responsibilities, Purchaser’s obligations shall be the same as if performance was by Purchaser.

  • Follow-On Contracting No person, firm, or subsidiary who has been awarded a Consulting Services agreement may submit a bid for, nor be awarded an agreement for, the providing of services, procuring goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of this Agreement.

  • Construction Contract If federal funds are included as part of the financing of the non-OPWC portion of the Project, federal law may prevail, including, but not limited to, application of Xxxxx Xxxxx prevailing wage rates, the Xxxxxxxx “Anti-Kickback” Act, the Contract Work Hours and Safety Standards Act, and any federal environmental regulations. Recipient is solely responsible for ensuring compliance with federal requirements applicable to its Local Subdivision Contribution. Notwithstanding the above, the following provisions apply to construction contracts under this Agreement:

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