Contractor Breach. Institution shall notify Contractor in writing of a Breach.
Contractor Breach. Each of the following shall constitute a Breach of Contract on the part of CONTRACTOR:
Contractor Breach. 31.15.1 If the Contractor fails to comply with its obligations under Clauses 31.4, 31.5, 31.8.1 or 31.12 and an employee to whom such breach relates is involved in any incident the result of which is that such employee is successfully prosecuted for an offence which would cause the Authority concern, acting reasonably, as regards any Access Employee then the Authority may give notice to the Contractor requiring the Contractor to terminate the FM Agreement and within 12 weeks of receipt of such notice the Contractor shall terminate the FM Agreement and procure the performance of the Services by another person who is not an Affiliate of the FM Contractor.
Contractor Breach. Any of the following acts or omissions constitute a breach by the Contractor:
Contractor Breach. In event of a Breach by Contractor, the state shall have available the following remedies as described further herein:
Contractor Breach. Contractor is in breach if Company determines that Contractor: (i) performed Services improperly or provided defective or nonconforming Products; (ii) failed to complete, re-perform, repair, or replace nonconforming Products or Services; (iii) delayed performance; (iv) failed to comply with a reasonable and lawful Company instruction; (v) lacks the financial stability Company deems necessary; (vi) is involved in a labor issue that, in Company’s opinion, unacceptably hinders performance; (vii) breached a Contract representation, warranty, or covenant; (viii) subcontracted or assigned the Contract or this Agreement (in whole or in part) without Company consent; (ix) failed or is unable to perform its obligations to Company’s reasonable satisfaction; (x) lost or damaged Products or property; or (xi) otherwise failed to meet a material Contract obligation (each a “Default”). If Contractor is in Default, Company may elect to: (a) give written notice per Section 10.3 specifying the Default, and, if cure is possible, requesting cure by a date specified; (b) withhold payment per Payment Withheld (Section 5.3.A); (c) itself or through a third party, at Contractor’s expense, perform, correct, or replace the subject Services, Product, or damage; (d) accept nonconforming Products or Services and reduce Contract Price accordingly; or (e) terminate the Contract without penalty and, in addition to any amount due per Damages for Breach below, require Contractor to refund any applicable Contract Price previously paid, but unearned.
Contractor Breach. 31.15.1 If the Contractor fails to comply with its obligations under Clauses 31.4, 31.5 or 31.8.1 and an employee to whom such breach relates is involved in any incident the result of which is that such employee is successfully prosecuted for an offence which would cause the Authority concern, acting reasonably, as regards any Access Employee then (unless the Contractor has remedied the breach prior to the occurrence of the incident but only where that breach relates to the submission of copies of checks within a time period of 5 days as specified in Clause 31.4.2) the Authority may give notice to the Contractor requiring the Contractor to terminate the FM Agreement and within 12 weeks of receipt of such notice the Contractor shall terminate the FM Agreement and procure the performance of the Services by another person who is not an Affiliate of the FM Contractor whose appointment has been terminated.
Contractor Breach. 10.1 If for any reason any procedure or standard set out in, or in connection with, this schedule is not adhered to by the Contractor or the Contractor has reason to be concerned that such procedure or standard could be breached it shall immediately notify the Authority. SCHEDULE 10: SECURITY
Contractor Breach. 34.7.1 If the Contractor is in breach of the provisions of clauses 34.1, 34.3, 34.5, 34.6.1, 34.6.2.2 and/or 34.11, the Lead Authority, having first notified the Contractor, may pay any premiums required to keep such insurance in force or itself procure such insurance and may in either case recover such amounts and any expenses incurred in respect of such breach from the Contractor on written demand.
Contractor Breach. Opportunity to Cure and Termination Upon the material failure by the Contractor to comply with the terms and conditions of the Agreement, the City will provide written notice to the Contractor of any such material failure and demand that any such material failure be cured by the Contractor. The Contractor will have ten (10) days to provide the City with written assurance, which can be substantiated by reasonable proof, that the material failure to comply with the Agreement has been cured. In the event that the Contractor fails to provide such written assurance and substantiating proof within the ten (10) days, the City may terminate this Agreement. In the event the City notifies the Contractor of its intent to terminate the Agreement, the Contractor’s surety, if any, will have the right to take over and perform the Agreement, provided, however, that if the surety does not commence performance thereof by the effective date of the termination of the Agreement, the City may prosecute the same by contract or otherwise at the expense of the surety. In the event there is no surety-provided cover, or the City is unable to obtain cover, the effective date of the termination may be delayed by the City until it will have completed the process of obtaining a substitute service provider to provide the Residential Solid Waste Collection, Disposal and Recycling Services required herein. In such event, the Contractor will continue to perform its responsibilities under this Agreement until the effective date of termination. Notwithstanding any other provision herein, the City retains all other rights and remedies available at law against the Contractor by reason of such alleged breach of the Agreement.
