Common use of Contractor’s Default Clause in Contracts

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. 1. 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. 2. 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 Contractor (a) employ others to carry out that part of the Services which the Contractor shall have failed to carry out, or or (b) take the Services in whole or in part out of the Contractor’s hands and recontract with others as may be appropriate. 3. If the cost to the UNDP of employing others to carry out part or all of the Services in accordance with Sub-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. 4. 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. 5. 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. 1. 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. 2. 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 Contractor (a) employ others to carry out that part of the Services which the Contractor shall have failed to carry out, or or (b) take the Services in whole or in part out of the Contractor’s hands and recontract with others as may be appropriate. 3. 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. 4. 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. 5. 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. 21.01 If the Contractor shall fail neglects to carry out execute the Services or any part thereof works with due diligence and expedition, expedition or shall refuse refuses or fail neglects to comply with any reasonable order given to it him, in writing by the UNDPEngineer in connection with the works or contravenes the provisions or the contract, the UNDP NESCOUtility may immediately give notice in writing to the Contractor to make good such failure the failure, neglect or contraventioncontravention complained of. Should the Contractor fail to comply with the notice referred to in Sub-Clause 15.1 either within seven thirty (30) days from receipt the date of such serving the notice, the NESCO Utility shall be at liberty to employ other workmen and forthwith execute such part of the works as the contractor may have neglected to do or otherwise within such times as may be reasonably necessary for making it goodif the NESCO Utility thinks fit, the UNDP without prejudice to any other right it right, he may have under the RLA may, subject Contract 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 work wholly or in part out of the Contractor’s hands and recontract re-contract with others any other person or persons to complete the works or any part thereof and in that event the NESCO Utility shall have free use of all Contractor’s equipment that may have been at the time on the Site in connection with the works without being responsible to the Contractor for fair wear and tear thereof and to the exclusion of any right of the Contractor over the same, and the NESCO Utility shall be entitled to retain and apply any balance which may otherwise be due on the Contract by him to the Contractor, or such part thereof as may be appropriatenecessary, to the payment of the cost of executing the said part of works or of completing the works as the case may be. If the cost to of completing of works or executing part thereof as aforesaid shall exceed 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 balance due 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 pay such excess. Such payment made in respect of that portion excess amount shall be independent of the Services not carried out. Nothing in this Clause shallliquidated damages for delay which the Contractor shall have to pay if the completion of works is delayed. 21.02 In addition, in the event of a malfunction, prevent emergency such action being taken by the UNDP NESCO Utility as aforesaid shall not relieve the Contractor of his liability to meet operational requirements but, if such actions result pay liquidated damages for delay in completion of works. 21.03 Such action by the UNDP incurring additional costs in carrying out NESCO Utility as aforesaid the Services, such reasonable costs termination of the Contract under this clause shall not entitle the Contractor to reduce the value of the Contract Performance Guarantee nor the time thereof. The Contract Performance Guarantee shall be reimbursed to valid for the Contractor by full value and for the UNDP provided such emergency action is not taken as a result full period of failure by the ContractorContract including guarantee.