Contract Default. Notice shall follow the procedures established in the policy. The above notwithstanding, the Department may immediately upon Notice Terminate the Contract prior to its expiration, in whole or in part, whenever it is determined that the Provider Agency has jeopardized the safety and welfare of the Department's clients, materially failed to comply with the terms and conditions of the Contract, or whenever the fiscal or programmatic integrity of the Contract has been compromised. The Notice of Termination shall state the reason for the action(s); the Provider Agency's informal review options, time frames, and procedures; the effective date of the Termination; and the fact that a request for a review of the decision for action(s) does not preclude the determined action(s) from being implemented.
Contract Default. The Parties hereby acknowledge and agree there shall be no recourse to Omnicell for any Contract Defaults; however, provided that Buyer has made the applicable Equipment legally available for repossession by Omnicell, in the event of a Contract Default, Omnicell agrees to use commercially reasonable efforts to obtain possession of the System (with the assistance of Buyer where appropriate) for the benefit of Buyer. Omnicell shall not be required to take any legal action or to commence any legal proceeding against the Customer to obtain possession. If possession of the Equipment is obtained under this Section, Omnicell shall, at the request of Buyer, act on behalf of Buyer in storing, repairing and remarketing the Equipment in accordance with the terms of Section 8 below.
Contract Default. All proposals are subject to all terms and conditions as herein established in this RFP and include price, quality, and delivery. Failure to provide services proposed by the agreed project timeline and at the proposed prices will be considered contract default and the District reserves the right to declare the contract terminated and to purchase the merchandise on the open market. In the event that any of the provisions of this contract are violated by the Bidder, MSD may serve written notice upon the Bidder of their intention to terminate such contract and unless within ten days after serving of such notice upon the Bidder such violation shall cease and satisfactory arrangement for correction be made, the contract shall upon the expiration of said ten days’ cease and terminate. In the event of any such terminations, MSD shall immediately serve notice thereof upon the Bidder and MSD may declare the Bidder in default, procuring all material involved in the contract from other sources. Violation of two or more contract provisions shall result in immediate termination of contract. The Bidder shall be liable to MSD for any excess cost occasioned MSD thereby.
Contract Default. There exist no known material defaults under any management, maintenance or service contracts executed in connection with the Properties.
Contract Default. 7-1 Parties hereto shall perform all the stipulations herein with greatest care, excluding force majeure (e.g. war, natural disaster, change of directory policy).
7-2 Party B shall notify Party A thirty (30) days in advance if Party B need to terminate the agreement for some reason. Otherwise, Party B shall compensate Party A with twice the amount of monthly rental.
7-3 If Party A fails to inform Party B that the Plant is collateralized or flawed in property transfer, thus causing the loss from Party B, Party A shall be obligated for the damages.
7-4 In case that Party B alters the construction structure of Plant thus violating the technical rules or fire safety regulations — including power line modification, change of technical processes or alternation of productive facilities — at its discretion and without Party A's written consent or exceeding the scope wherein Party A agrees in written form, Party A shall have the right of requesting Party B to restore the Plant and Facilities and to cover the damages incurred.
7-5 If any defect exists in the Plant or Facilities when delivered, Party A shall make repair within three (3) days upon the delivery date. If Party A fails to repair in due time, Party A agrees to reduce rentals and change rental-related terms and conditions herein accordingly.
7-6 If Party B has any safety-related incidence during operation because of Plant and Facilities per se, Party A shall be liable for all the losses incurred and shall reduce the rental fees accordingly until the Plant or Facilities can be operated normally.
Contract Default. The occurrence of any event which constitutes, or with notice or lapse of time or both, would constitute, a default or an event of default under any contractual obligations of the Company or any of its Subsidiaries which, if adversely determined, could, either individually or in the aggregate, have a Material Adverse Effect;
Contract Default. An event of default by a User under a Contract.
Contract Default. 7-1 Parties hereto shall perform all the stipulations herein with greatest care, excluding force majeure (e.g. war, natural disaster, change of directory policy).
7-2 Party B shall notify Party A three months in advance if Party B need to terminate the agreement for some reason. Otherwise, Party B shall compensate Party A with twice the amount of monthly rental.
7-3 If Party A fails to inform Party B that the Office is collateralized or flawed in property transfer, thus causing the loss from Party B, Party A shall be obligated for the damages.
7-4 In case that Party B alters the construction structure of Office thus violating the technical rules or fire safety regulations — including power line modification, change of technical processes or alternation of productive facilities — at its discretion and without Party A's written consent or exceeding the scope wherein Party A agrees in written form, Party A shall have the right of requesting Party B to restore the Office and Facilities and to cover the damages incurred.
Contract Default. The Contractor shall be in default of this Contract if it violates any material provision of this Contract which includes, but is not limited to, the following:
i. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or fails to provide any portion of service under the Contract on the Date of Commencement of Service, or for a period of more than five (5) consecutive Days at any time during the term of this Contract, except as provided pursuant to the Service Disruption Section or Force Majeure Section.
ii. The Contractor fails to obtain and maintain any permit, certification, authorization, or license required by the City, County, or any federal, state, or other regulatory body in order to collect materials under this Contract, or comply with any environmental standards and regulations.
iii. The Contractor’s noncompliance with the terms of this Contract creates a nuisance, or hazard to public health or safety or the environment.
iv. The Contractor disposes of uncontaminated Source-separated Recyclables or Compostables collected from clearly identified Recyclables or Compostables Containers, bags, or boxes, in a landfill, incinerates any of the foregoing materials at an incinerator or energy recovery facility, or disposes of any of the foregoing materials of as Garbage, without the prior written permission of the City.
v. The Contractor fails to make any required payment to the City, as specified in this Contract.
vi. The Contractor is assessed performance fees in excess of fifteen thousand dollars ($15,000) during any consecutive six (6) month period.
vii. The Contractor fails to resume full service to Customers within twenty-one (21) Days following the initiation of a labor disruption.
viii. The Contractor fails to maintain, in good standing, surety and insurance required by this Contract. The City reserves the right to pursue any remedy available at law or in equity for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) Days’ prior written notice of its intent to exercise its rights to declare the Contractor in default; however, if an emergency shall arise (including but not limited to a hazard to public health or safety or the environment) that does not allow ten (10) Days’ prior written notice, the City shall promptly notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the default within the stated period, or initiates effor...
Contract Default. The Contractor shall be in default of this Contract if it violates any material provision of this Contract. In addition, the Contractor shall be in default of the Contract should any of the following occur, including, but not limited to:
1. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or fails to provide any portion of service under the Contract on the Date of Commencement of Service, or for a period of more than five (5) consecutive days at any time during the term of this Contract, except as provided pursuant to Section 4.1.19;
2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license required by the City, County, or any federal, State, or other regulatory body in order to collect materials under this Contract, or comply with any environmental standards and regulations;
3. The Contractor’s noncompliance creates a hazard to public health or safety or the environment;
4. The Contractor causes uncontaminated Recyclables or Compostables to be disposed of in any way, such as in a landfill or incinerated at an incinerator or energy recovery facility, without the prior written permission of the City;
5. The Contractor fails to make any required payment to the City, as specified in this Contract;
6. The Contractor is assessed performance fees pursuant to Section 6.1 in excess of fifteen thousand dollars ($15,000) during any consecutive six (6) month period; or
7. The Contractor fails to resume full service to Customers within twenty-one days following the initiation of a labor disruption pursuant to Section 4.1.19. The City reserves the right to pursue any remedy available at law or in equity for any default by the Contractor. In the event of default, the City shall give the Contractor ten (10) days prior written notice of its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise (including but not limited to a hazard to public health or safety or the environment) that does not allow ten (10) days prior written notice, the City shall immediately notify the Contractor of its intent to exercise its rights immediately. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the ...
