Contractor Events of Default. Contractor shall be in default of its obligations pursuant to this Agreement upon the occurrence of any one or more events of default set forth below (each, a “Contractor Event of Default”):
(a) Contractor or Contractor’s Surety becomes Bankrupt;
(b) Contractor assigns or transfers this Agreement or any right or interest herein except in accordance with Article 25;
(c) Contractor fails to maintain any insurance coverages required of it in accordance with Article 20 and Contractor fails to remedy such breach within thirty (30) days after the date on which Contractor first receives a Notice from Owner with respect thereto, except such thirty (30) day limit shall be extended if: (i) curing such failure reasonably requires more than thirty (30) days; and (ii) Contractor commences such cure within such thirty (30) day period and diligently prosecutes and completes such cure within sixty (60) days thereafter;
(d) Contractor fails to perform any provision of this Agreement providing for the payment of money to Owner, except for any amounts disputed by Contractor in good faith, and such failure continues for twenty (20) days after Contractor has received a Notice of such payment default from Owner;
(e) Contractor fails to perform any material provision of this Agreement not otherwise addressed in this Section 18.1 and such failure continues for thirty (30) days after Notice from Owner, except such thirty (30) day limit shall be extended if: (i) curing such failure reasonably requires more than thirty (30) days; and (ii) Contractor commences such cure within such thirty (30) day period and diligently prosecutes and completes such cure within sixty (60) days, in each case after the date on which Contractor first receives a Notice from Owner with respect thereto;
(f) Contractor’s liability for Delay Liquidated Damages exceeds the relevant cap amounts set forth in Section 29.2.2;
(g) Contractor fails to maintain the Performance and Payment Bonds in accordance with Section 3.17; or
(h) Contractor’s Surety defaults in the performance of its obligations under the Performance and Payment Bonds; or
(i) Contractor voluntarily and completely ceases Work for a period of thirty (30) consecutive days and Contractor fails to resume the Work within thirty (30) days after the date on which Contractor first receives a Notice from Owner with respect thereto;
Contractor Events of Default. Contractor shall be in default of its obligations under this Agreement if any of the following events arise or exist and is continuing and Contractor shall fail to remedy the same within [***] Days after Owner’s Notice of the occurrence of such event, or if such remedy cannot reasonably be completed in such time, Contractor shall fail promptly to commence and diligently (a) pursue remedial action within such period and (b) conclude such action as soon as practicable (and in any event within [***] Days after the occurrence of such event); provided, however, that (i) no such cure period shall be allowed as to Sections 31.1.1, 31.1.3, 31.1.7 and 31.1.16 and (ii) with respect to Sections 31.1.2, 31.1.6 and 31.1.9 the sole cure period shall be as set forth therein:
31.1.1 Contractor or Contractor Guarantor commences any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of itself or its debts or assets, or adopts an arrangement with or makes an assignment for the benefit of creditors, under any bankruptcy, moratorium, rearrangement, insolvency, reorganization or similar law for the relief of creditors or affecting the rights or remedies of creditors in general or is declared insolvent or Contractor or Contractor Guarantor conceals or removes any part of its property with the intent to hinder, delay or defraud its creditors, or makes or suffers any transfer of its property which may be fraudulent under applicable Law, or admits in writing its inability to pay its debts;
31.1.2 there shall be instituted against Contractor or Contractor Guarantor any case, proceeding or action seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of Contractor or Contractor Guarantor or its debts or assets, which shall not have been terminated, stayed or dismissed within [***] Days after commencement, or a trustee, receiver, custodian or other like official is appointed for or to take possession of all or any part of the property or assets of Contractor or Contractor Guarantor, or Contractor or Contractor Guarantor generally does not pay its debts as they become due;
31.1.3 Contractor assigns or transfers this Agreement or any of its rights or interests herein, except as expressly permitted hereunder, or the Contractor Guarantor assigns or transfers the Contractor Guarantee to which it is a party;
31.1.4 Contractor disregards or fails to comply with any Laws, Permit, Applicabl...
Contractor Events of Default. The occurrence of any one or more of the following events shall constitute an event of default by Contractor hereunder (“Contractor Event of Default”):
(a) any of the following (each a “Bankruptcy or Insolvency Event”) occurs (i) Contractor consents to the appointment of or taking possession by, a receiver, a trustee, custodian, or liquidator of itself or of a substantial part of its assets, or fails or admits in writing its inability to pay its debts as they become due, or makes a general assignment for the benefit of creditors; (ii) Contractor files a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization in a proceeding under any applicable bankruptcy or insolvency laws of any jurisdiction, whether now or hereafter in effect, or files an answer admitting the material allegations of a petition filed against it in any such proceeding, or seeks relief by voluntary petition, answer or consent, under the provisions of any now existing or future bankruptcy, insolvency or other similar law of any jurisdiction, whether now or hereafter in effect, providing for the liquidation, reorganization, or winding up of corporations, or providing for an agreement, composition, extension, or adjustment with creditors; (iii) a substantial part of Contractor’s assets is subject to the appointment of a receiver, trustee, liquidator, or custodian by court order and such order shall remain in effect for more than thirty (30) days; or (iv) Contractor is adjudged bankrupt or insolvent, has any property sequestered by court order and such order shall remain in effect for
Contractor Events of Default. Any one or more of the following events shall, after the required notice(s) and opportunity to cure, constitute an “Event of Default” on the part of Contractor. The following list is not all- inclusive.
Contractor Events of Default. Any one (1) or more of the following events by Contractor, which is not cured within ten (10) Calendar Days after receipt of notice thereof by the Department, may constitute an “Event of Default” on the part of Contractor:
Contractor Events of Default. Any one (1) or more of the following events by Contractor, which is not cured within ten
Contractor Events of Default. The following list is non-exhaustive. Any one or more of the following events shall constitute an “Event of Default” on the part of Contractor:
(a) Contractor fails to pay any sum of money required hereunder within thirty (30) calendar days after receipt of written notice that the same is due; or
(b) Contractor fails to provide the Services required under this Contract or fails to meet any of the performance metrics established in accordance with Section 2; or
(c) Contractor employs an unauthorized alien in the performance of any work under this Contract; or
(d) Contractor fails to correct Contractor’s work that the State has rejected as unacceptable or unsuitable; or
(e) Contractor unilaterally discontinues the performance of the work required under this Contract; or
(f) Contractor fails to resume work that has been discontinued within a reasonable time after notice to do so; or
(g) Contractor fails to promptly pay any and all taxes or assessments imposed by and legally due the State or federal government; or
(h) Contractor made or has made a material misrepresentation or omission in any materials provided to State; or
(i) Contractor commits any material breach of this Contract; or
(j) Contractor transfers ownership in violation of this Contract; or
(k) Contractor utilizes a subcontractor in the performance of the work required by this Contract which has been placed on the State's Convicted Contractors List; or
(l) Contractor is suspended or is removed as an authorized contractor by any state or federal agency or Contractor is convicted of a felony.
Contractor Events of Default. 66 15.2 Termination by Company Due to Contractor Default; Other Remedies. ...... 68 15.3 Termination by Company for Convenience. ................................................. 69 15.4 Suspension by Company for Convenience. ................................................... 69 15.5 Termination Due to Force Majeure Event. .................................................... 71 15.6
Contractor Events of Default. Each of the following is a Contractor Event of Default:
(a) the Contractor suspends its performance of the Work, except as permitted by clause 28.2 or 31.2;
(b) the Contractor provides a statutory declaration under clause 8.10 which it knows to be false or misleading in a material respect;
(c) a Contractor Authorisation or Principal Authorisation is revoked, suspended or cancelled as a result of an act or omission of the Contractor or a Contractor Associate;
(d) the Contractor fails to comply with its obligations under this agreement relating to Work Health and Safety Requirements or Environmental Requirements in a material respect;
(e) the Contractor fails to pay an amount under this agreement within 15 Business Days after it is due, but only if the amount is not the subject of a bona fide Dispute;
(f) the Contractor fails to ensure that insurance policies are effected and maintained in accordance with clause 24.2(a), or fails to provide evidence of such insurance as required by clause 24;
(g) the Contractor fails to provide a Security, guarantee by the Contractor Guarantor, legal opinion or tripartite agreement in accordance with clause 25;
(h) the guarantee provided by the Contractor under clause 25.7 is or becomes unenforceable (in whole or in part) for any reason and it is not replaced with a guarantee from the Contractor Guarantor that is substantially in the form set out in Schedule 15;
(i) the Contractor assigns or transfers any of its rights arising out of or under this agreement, except as permitted by clause 37;
(j) the Contractor fails to:
(1) reach a Minimum Performance Level within the Performance Guarantee Period; and
(2) comply with its Defect rectification obligations regarding rectification of a Defect deemed under clause 19.4(c)(2), or payment obligations pursuant to clause 19.4(c)(2) where the Principal has rectified or attempted to rectify, or has retained a third party to rectify such Defect;
(k) the Contractor passes the Minimum Performance Levels but fails to pay the full amount of Performance Guarantee Damages due under clause 19.5 in relation to each Performance Guarantee that was not achieved in accordance with this agreement during the Performance Guarantee Period;
(l) the Contractor commits multiple breaches of this agreement which, taken together, demonstrate a material failure to ensure compliance with this agreement;
(m) the Contractor fails to comply with any Applicable Anti-Corruption Law as set out in clause 41.12; and
(n...
Contractor Events of Default. The following shall constitute events of default on the part of Contractor (each, a “Contractor Event of Default”) under this Agreement: If Contractor fails to make any undisputed payment required hereunder within ) twenty (20) days after written notice thereof from Subcontractor; If any representation or warranty of Contractor in this Agreement proves to have been false or misleading in any material respect when made; If Contractor makes a general assignment for the benefit of its creditors, or if a receiver is appointed on account of the insolvency of Contractor, or if Contractor files a petition seeking to take advantage of any other Law relating to bankruptcy, insolvency, reorganization, winding up or composition of or readjustment of debts and, in the case of any such proceeding instituted against Contractor (but not by Contractor) such proceeding is not dismissed within sixty (60) days of such filing; If Contractor fails to comply with any material provision of this Agreement not otherwise set forth as a Contractor Event of Default in this Section 12.1 and fails to cure or remedy such failure within thirty (30) days after notice and a written demand is made by Subcontractor to Contractor to cure the same or, if such failure cannot be cured within thirty (30) days, Contractor fails to commence to cure such breach within thirty (30) days after such notice and written demand and thereafter diligently pursue such cure to completion, which cure shall in no event be later than sixty (60) days after such notice.
