Common use of Contract Breaches Clause in Contracts

Contract Breaches. Violation of any provision of this contract may be cause for immediate suspension of logging and hauling operations until remedied to the COUNTY'S satisfaction. In the event of a suspension, the COUNTY reserves the right to require all log load receipt books and brands to be turned in immediately to the County Forestry office. If repeated violations occur, the COUNTY may declare the contract in default and take appropriate action, including but not limited to retaining all or portions of posted performance bond. Suspensions can be lifted only in writing by the COUNTY. In the event of default, the PURCHASER or his employees, sub-contractors, or agents, may be expelled from the sale area. Also, the COUNTY shall have possession of all timber on the sale. When a default occurs, the PURCHASER is still obligated to pay the agreed upon Net Timber Sale Value. Failure to remit payments when due shall be considered a breach of contract. PURCHASER may also be deemed liable for additional damages resulting from the default. All or portions of damages shall be retained from posted performance bond by COUNTY, with outstanding balances above performance bond limit billed to PURCHASER. If the PURCHASER is a party to more than one timber sale contract with the COUNTY and a breach of contract occurs, the COUNTY may apply payments from a sale not in default to one in default. In such an instance, an attempt shall be made to keep the earliest contract paid up to date, even if this creates a default in a later sale. Any default caused by the transfer of funds from one contract to another shall be remedied before cutting may continue. If in the opinion of the COUNTY, the PURCHASER is unable or unfit to complete the contract, the COUNTY may terminate the agreement with ten (10) days advance written notice of such termination. Written notices of contract violations or default shall be by Certified Mail.

Appears in 19 contracts

Samples: cms9files.revize.com, cms9files.revize.com, cms9files.revize.com

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Contract Breaches. Violation of any provision of this contract may be cause for immediate suspension of logging and hauling operations until remedied to the COUNTY'S satisfaction. In the event of a suspension, the COUNTY reserves the right to require all log load receipt books and brands to be turned in immediately to the County Forestry office. If repeated violations occur, the COUNTY may declare the contract in default and take appropriate action, including but not limited to retaining all or portions of posted performance bondholdback. Suspensions can be lifted only in writing by the COUNTY. In the event of default, the PURCHASER CONTRACTOR or his employees, sub-contractors, or agents, may be expelled from the sale area. Also, the COUNTY shall have possession of all timber on the sale. When a default occurs, the PURCHASER CONTRACTOR is still obligated to pay COUNTY for all timber removed from the agreed upon Net Timber Sale Valuesale. Failure to remit payments when due shall be considered a breach of contract. PURCHASER CONTRACTOR may also be deemed liable for additional damages resulting from the default. All or portions of damages shall be retained from posted performance bond holdback by COUNTY, with outstanding balances above performance bond Holdback limit billed to PURCHASERCONTRACTOR. If the PURCHASER CONTRACTOR is a party to more than one timber sale contract with the COUNTY and a breach of contract occurs, the COUNTY may apply payments from a sale not in default to one in default. In such an instance, an attempt shall be made to keep the earliest contract paid up to date, even if this creates a default in a later sale. Any default caused by the transfer of funds from one contract to another shall be remedied before cutting may continue. If in the opinion of the COUNTY, the PURCHASER CONTRACTOR is unable or unfit to complete the contract, the COUNTY may terminate the agreement with ten (10) days advance written notice of such termination. Written notices of contract violations or default shall be by Certified Mail. Additionally, the COUNTY may bar the CONTRACTOR from bidding on future logging contracts with the COUNTY.

Appears in 2 contracts

Samples: cms9files.revize.com, cms9files.revize.com

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Contract Breaches. Violation of any provision of this contract may be cause for immediate suspension of logging and hauling operations until remedied to the COUNTY'S satisfaction. In the event of a suspension, the COUNTY reserves the right to require all log load receipt books and brands to be turned in immediately to the County Forestry office. If repeated violations occur, the COUNTY may declare the contract in default and take appropriate action, including but not limited to retaining all or portions of posted performance bondholdback. Suspensions can be lifted only in writing by the COUNTY. In the event of default, the PURCHASER CONTRACTOR or his employees, sub-contractors, or agents, may be expelled from the sale area. Also, the COUNTY shall have possession of all timber on the sale. When a default occurs, the PURCHASER CONTRACTOR is still obligated to pay COUNTY for all timber removed from the agreed upon Net Timber Sale Valuesale. Failure to remit payments when due shall be considered a breach of contract. PURCHASER CONTRACTOR may also be deemed liable for additional damages resulting from the default. All or portions of damages shall be retained from posted performance bond holdback by COUNTY, with outstanding balances above performance bond Holdback limit billed to PURCHASERPURCHASERCONTRACTOR. If the PURCHASER CONTRACTOR is a party to more than one timber sale contract with the COUNTY and a breach of contract occurs, the COUNTY may apply payments from a sale not in default to one in default. In such an instance, an attempt shall be made to keep the earliest contract paid up to date, even if this creates a default in a later sale. Any default caused by the transfer of funds from one contract to another shall be remedied before cutting may continue. If in the opinion of the COUNTY, the PURCHASER CONTRACTOR is unable or unfit to complete the contract, the COUNTY may terminate the agreement with ten (10) days advance written notice of such termination. Written notices of contract violations or default shall be by Certified Mail. Additionally, the COUNTY may bar the CONTRACTOR from bidding on future logging contracts with the COUNTY.

Appears in 1 contract

Samples: cms9files.revize.com

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