Contractor’s Default. Failure or refusal of Contractor to perform or do any act herein required shall constitute a default. In the event of any default, in addition to any other remedy available to City, this Contract may be terminated by City upon ten days written notice. Such termination does not waive any other legal remedies available to City.
Contractor’s Default. If the Contractor shall fail to carry out the Services or any part thereof with due diligence and expedition, or shall refuse or fail to comply with any reasonable order given to it in writing by the UNDP, the UNDP may immediately give notice in writing to the Contractor to make good such failure or contravention. Should the Contractor fail to comply with the notice referred to in Sub-Clause 15.1 either within seven days from receipt of such notice, or otherwise within such times as may be reasonably necessary for making it good, the UNDP without prejudice to any other right it may have under the RLA may, subject to the prior notification of the Contractor employ others to carry out that part of the Services which the Contractor shall have failed to carry out, or take the Services in whole or in part out of the Contractor’s hands and recontract with others as may be appropriate. If the cost to the UNDP of employing others to carry out part or all of the Services in accordance with Sub-Clause 15.2. exceeds the amount which would have become payable to the Contractor had it completed that part or all of the Services, then the UNDP shall have the right to charge such excess cost to the Contractor. The UNDP shall also have the right to retain part or all of any sum which would otherwise be due to the Contractor under the RLA and set such sum against the excess due from the Contractor. If the Contractor fails to carry out the Services in part or in whole, the Contractor shall refund to the UNDP any advance payment made in respect of that portion of the Services not carried out. Nothing in this Clause shall, in the event of a malfunction, prevent emergency action being taken by the UNDP to meet operational requirements but, if such actions result in the UNDP incurring additional costs in carrying out the Services, such reasonable costs shall be reimbursed to the Contractor by the UNDP provided such emergency action is not taken as a result of failure by the Contractor.
Contractor’s Default. If Contractor fails to fulfill its obligations under this contract proposal, whether or not said obligations are specified in this section, Purchasing reserves the right to: (a) terminate this contract at no cost to the City; (b) take action in accordance with Sections 17 and 19, or (c) exercise any other legal or equitable remedy.
Contractor’s Default. If the CONTRACTOR defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably and solely determined by COMPASS, COMPASS may give written notice to the CONTRACTOR (i) terminating this Agreement effective seven (7) calendar days from the date of notice; or
Contractor’s Default. Contractor shall be immediately in default of its obligations hereunder upon the occurrence of any one or more of the following events, acts or conditions:
(a) Contractor shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect, or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or the appointment of or taking of possession by any such official in an involuntary case or other proceeding commenced against it, or shall generally not pay its debts as they become due, or shall make a general assignment for the benefit of creditors, or shall take any corporate action to authorize any of the foregoing;
(b) An involuntary case or other proceeding shall be commenced against Contractor seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceeding shall remain undismissed or unstayed for a period of sixty (60) days;
(c) Any representation or warranty made by Contractor under Article 24 hereof was false or materially misleading when made and at the time Owner or Contractor becomes aware that such representation or warranty was false or misleading it could reasonably be expected to have a material adverse effect on Owner or the Project, and Contractor fails to remedy such false or materially misleading representation or warranty within thirty (30) days after Contractor receives a written notice from Owner with respect thereto; 133
(d) Except as otherwise permitted under Section 17.1 hereof, Contractor assigns or transfers this Agreement (or any right or interest herein) without the express written consent of Owner;
(e) Contractor (i) knowingly fails to maintain any insurance coverages required of it pursuant to Article 14 hereof, or (ii) otherwise fails to maintain and, within three business days of its receipt of a written notice from Owner with respect thereto, fails to correct its failure to maintain any such required insurance coverages;
(f) Contractor or any Subcontractor fails to com...
Contractor’s Default. 1. The following shall constitute Event of Default by Contractor:
a. If the Contractor fails to begin the Work when required to do so; or
b. If, at any time during the progress of the Work, the Owner determines that the Contractor is not prosecuting the Work with reasonable speed and diligence, or is delaying the Work unreasonably or unnecessarily; or
c. If the force of workmen or the quality or quantity of material furnished is not sufficient to ensure completion of the Work within the specified time and in accordance with the Contract Documents; or
d. If the Contractor fails to make prompt payments to suppliers or to Subcontractors for Work performed in connection with the Contract; or
e. If the Contractor fails in any manner of substance to observe the provisions of this Contract.
2. Upon the occurrence of an Event of Default by Contractor, the Owner may declare the Contractor in default, in whole or in part, and give to the Contractor three (3) Days written Notice to cure such default. If Contractor fails to cure such default within such three (3) day period, or within such longer time as the Owner, in its sole discretion, may prescribe, the Owner shall have the right to do any one or more of the following in any combination:
a. Have the defaulted Work performed by others and charge the Contractor the cost thereof, plus an administrative fee of ten percent (10%) to cover all associated costs of administration and overhead;
b. Supplement Contractor’s workforce and charge the Contractor the cost thereof, plus an administrative fee of ten percent (10%) to cover all associated costs of administration and overhead;
c. Repair or replace any defective Work and charge the Contractor the cost thereof, plus an administrative fee of ten percent (10%) to cover all associated costs of administration and overhead;
d. Withhold payments due the Contractor and use such payments to satisfy any claims for moneys owed by the Contractor in connection with the Contract, in accordance with any provisions of the Contract Documents;
e. Terminate the Contractor’s performance of the Contract in whole or in part.
3. Without prejudice to any other rights or remedies the Owner may have, the Owner shall have the right to terminate the Contract immediately upon written notice to the Contractor or, in the Owner’s sole discretion, exercise any other rights available to it for default, upon the occurrence of any of the following:
a. Institution of legal proceedings by others than the Ow...
Contractor’s Default. If CONTRACTOR shall in any manner neglect or fail to prosecute the work with reasonable diligence, or shall neglect or fail to perform any agreement herein on its part to be performed, it shall be lawful for OWNER, by written notice direct CONTRACTOR to proceed with such work and to perform such agreement. If CONTRACTOR shall fail to do so accordingly, OWNER may employ another CONTRACTOR or person to complete the work comprehended under this Contract.
Contractor’s Default. If the Contractor shall neglect or refuse to execute the Works or part of the Works with due diligence and expedition, HKUST shall be at liberty to employ other workmen or contractor to complete the said part of the Works and the Contractor shall reimburse HKUST the cost that shall be incurred for completing the said part of the Works to the satisfaction of HKUST regardless of the prices quoted by the Contractor in their tender.
Contractor’s Default. 39.1 If the Contractor neglects to perform the Contract with due diligence and expedition or refuse or neglect to comply with any reasonable orders given to him in writing by USF or any of its authorized representative in connection with the performance of the Contract or contravene the provisions of the contract, USF may give notice in writing to the Contractor to make good the failure, neglect or contravention complained of.
39.2 Should the Contractor fail to comply with the said notice within fifteen (15) days from the date of issue of said notice thereof, it shall be lawful for USF forthwith to terminate the Contract by notice in writing to the Contractor without prejudice to any rights which may have occurred under the Contract to either party prior to such termination.
39.3 If the Contractor fails to complete any of its obligations under the clause titled “DEFECTS AFTER PROVISIONAL ACCEPTANCE” within the time fixed in the Contract or within any extension of time granted by USF under “FORCE MAJEURE”, USF shall be entitled to deduct from the Contract (01%) one percent of Contract value of the System which cannot be in consequence of the said failure be put to the use intended for such work for each week between the time fixed in the Contract (except as aforesaid) and the actual date of completion, subject to a maximum deduction of 15% [ten percent] of the value of the Contract.
Contractor’s Default. Contractor shall be in default hereunder if it fails to perform any of its obligations under this Contract and such failure continues for ten (10) days after Owner gives Contractor written Notice. If such failure is not capable of being cured within the ten (10) day period, and Contractor commences and diligently pursues such cure within the ten (10) day period, the time period within which Contractor may effect a cure shall be extended for such period of time as may be reasonably necessary to complete such cure. If Contractor is in default under this Contract beyond any applicable cure period, Owner shall have the right to terminate this Contract by giving Contractor five (5) days written Notice, whereupon Owner shall pay Contractor to the date of termination, if not previously paid, and may offset the cost of repairing any damage resulting from Contractor's breach of This Golf Course Maintenance Contract as a full or partial remedy for Contractor's breach, as the case may be.
