Contractor’s Breach Sample Clauses

Contractor’s Breach. 15.2.1 If Contractor fails to correct Work performed by or for Contractor which is not in accordance with the requirements of the Contract Documents or materially fails to carry out any such Work in accordance with the Contract Documents within twenty (20) business days after delivery of written notice from Owner of such deficiency (provided that if such failure cannot through the exercise of reasonable diligence be cured within such twenty (20) business day period but cure is commenced within that period and thereafter is diligently prosecuted to completion and such cure is actually completed within one hundred twenty (120) days of said notice, then no Contractor Default shall be deemed to have occurred), Owner, by a written order, may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated, and Owner shall have such remedies as are described in Section 15.2.2; however, the right of Owner to stop the Work shall not give rise to a duty on the part of Owner to exercise this right for the benefit of Contractor or any other person or entity. 15.2.2 If (a) Contractor defaults or materially fails or neglects to carry out the Work in accordance with the Contract Documents, including the failure to timely pay Excess Costs not in written dispute by Contractor pursuant to Section 4.1.1, or (b) Contractor or Builder fails to perform a provision of any of the Contract Documents, after thirty (30) days written notice to Contractor (in either instance, a “Contractor Default”) and without prejudice to any other remedy that Owner may have at law, in equity or by statute, Owner may make good such deficiencies and may deduct the cost thereof, including compensation for the services of Owner’s representative and expenses made necessary thereby (not to exceed ten percent (10%) of the cost to remedy such deficiency). Alternatively, at Owner’s option, and in addition to all other remedies available to Owner at law, in equity or by statute (but in no event shall Contractor be liable for consequential, special or punitive damages), in the event of a Contractor Default Owner may elect, by notice to Contractor given within thirty (30) days after the date of the Contractor Default (the “Election Notice”) to either (a) require Contractor to cause the Completion of the Work in accordance with the terms of this Agreement and the Contract Documents by the applicable Completion Date and to fund all Excess Costs (including by filing a...
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Contractor’s Breach. If Contractor violates any of the provisions of the Agreement, Xxx & Associates shall have the following rights and remedies: 11.1.1 It being acknowledged and agreed that any breach or threatened breach will cause irreparable injury to Xxx & Associates and that money damages will not provide an adequate remedy to Xxx & Associates, Xxx & Associates may seek the right and remedy to have the provisions of this Agreement specifically enforced by any Court having jurisdiction. 11.1.2 In the event of an actual breach, the right to recover damages for all losses, actual and contingent, and the right to require Contractor to account for and pay over to Xxx & Associates all compensation or other benefits derived or received by Contractor as a result of any transactions constituting such a breach; and 11.1.3 Each of the rights and remedies enumerated above shall be independent of the other, and shall be severally enforceable, and all such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to Xxx & Associates at law or in equity.
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Contractor’s Breach. Contractor agrees that the access control, airport security badge, and key requirements in this Section are necessary to preserve and protect public health, safety, and welfare. Therefore, Contractor shall be deemed in immediate breach of this Section upon the occurrence of any of the following:
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Contractor’s Breach. A material breach of this Agreement by the Contractor, if not corrected under the provisions of Section 18 of the Agreement, shall be grounds for early termination of the Agreement. If a Contractor breach occurs, Company agrees to not remove Provided Equipment from Contractor’s factory, and to allow Contractor to use Provided Equipment to manufacture products for other customers until the breach is corrected, or until the Agreement is terminated. If the breach of the Agreement cannot be corrected to the satisfaction of Company, Contractor shall have the option of keeping the Provided Equipment and paying Company a negotiated Fair Market Value Purchase Price, or returning Provided Equipment to Company at Contractor’s expense. In either case, the Agreement shall be considered to be terminated at that time. If Provided Equipment is returned to Company, Contractor will be liable for expenses to include de-installation at Contractor’s facility, crating and other preparation for shipment, shipment, customs charges, delivery to Company’s facility and installation and any repairs at Company’s facility necessary to make the Provided Equipment fully functional. Further, Company shall be entitled to recover any and all actual costs, expenses and damages, including reasonable attorneys’ fees and/or offset any amounts due to Contractor by any and actual costs and expenses incurred by Company as a result of the breach of this Agreement. Any remedies of this nature shall not be exclusive, but shall be cumulative of any other remedy herein or any other statute or law.
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Related to Contractor’s Breach

  • Security Breach In the event that Seller discovers or is notified of a breach, potential breach of security, or security incident at Seller's Facility or of Seller's systems, Seller shall immediately (i) notify Company of such potential, suspected or actual security breach, whether or not such breach has compromised any of Company's confidential information; (ii) investigate and promptly remediate the effects of the breach, whether or not the breach was caused by Seller; (iii) cooperate with Company with respect to any such breach or unauthorized access or use; (iv) comply with all applicable privacy and data protection laws governing Company's or any other individual's or entity's data; and (v) to the extent such breach was caused by Seller, provide Company with reasonable assurances satisfactory to Company that such breach, potential breach, or security incident shall not recur. Seller shall provide documentation to Company evidencing the length and impact of the breach. Any remediation of any such breach will be at Seller's sole expense.

  • Subcontractors The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at xxxxxxx@xxx.xxxxxxxxx.xxx for information on certified small business enterprises available for subcontracting opportunities.