Contractor’s Failure to Perform. Contractor’s failure to perform the statement of work specified in this Contract, or to meet the performance standards established in this Contract, may result in consequences that include, but are not limited to:
Contractor’s Failure to Perform. In case of failure by the Contractor to fulfil its obligations under the Contract, including but not limited to failure to make delivery of all or parts of the goods by the delivery date(s) stipulated in the Contract, the Agency may, after giving the Contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following:
Contractor’s Failure to Perform. In the event Contractor fails to commence the Work within the time specified, or having begun the Work, abandons it for any reason, suspends or refuses to continue it, or defaults in any manner in the performance under the terms of the Agreement (unless Contractor is prevented from continuing for reasons beyond its control and without its fault or negligence), the Buyer shall have the right to take over said work and complete it or have said work completed by another person in any reasonable manner at Contractor's expense, and terminate this Agreement for cause as provided in Section 20 below.
Contractor’s Failure to Perform. Contractor’s failure to perform in accordance with the Contract Documents; or
Contractor’s Failure to Perform. 7.1 If the Contractor goes into liquidation, administration, examinership or receivership or becomes subject to any other form of insolvency proceedings, or if the Contractor’s obligation to complete the Works is lawfully terminated under sub-clause 12.1 of the Conditions of the Contract, any such event will be conclusive evidence, for the purposes of this Agreement, that the Contractor has failed to perform the Contract.
Contractor’s Failure to Perform. In the event that Contractor performs services that do not comply with the requirements of this Agreement, Contractor shall, upon receipt of written notice from the City, re-perform the services (without additional compensation to the Contractor). If Contractor’s failure to perform in accordance with this Agreement causes damages to the City, Contractor shall reimburse the City for the damages incurred (which may be charged as an offset to Contractor’s payment).
Contractor’s Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor.
Contractor’s Failure to Perform. If Contractor fails to perform any of its obligations under this Agreement, Owner may, after seven days’ written notice during which period Contractor fails to initiate the performance of such obligation, make good such deficiencies. The TIC shall not be increased as a result of Owner making good such deficiencies. CONTRACTOR INITIALS & DATE: /S/ SNR 8/7/07 OWNER INITIALS & DATE: /s/ DS 8/7/07
Contractor’s Failure to Perform. A. Should Contractor fail to comply with timelines provided above, the Agency shall retain the right to rescind the GMP Amendment. If the Agency elects to accept bonds and insurance submitted late, the Contract Time will begin to run as of the date stated in the Notice to Proceed with Construction. However, the number of Days beyond the original ten (10) Days it took to receive the properly executed Contract and related items may be deducted from the Contract Time.
Contractor’s Failure to Perform. If, in the opinion of OWNER, the CONTRACTOR at any time refuses or fails to provide sufficient properly skilled workers or materials of the proper quality, fails in any respect to execute the WORK according to the current schedule, or fails to comply with all provisions of this AGREEMENT, then after serving ten (10) days prior written notice, unless the condition specified in such notice shall have been eliminated within such 10-day period, OWNER may at its option terminate the AGREEMENT for default. In the event of termination for default, OWNER may, at its option utilize any or all of the following: (1) require CONTRACTOR to assign to OWNER any or all of its subcontract or purchase orders involving the PROJECT, or (2) complete the WORK either by itself or through others, by whatever methods as shall be accepted by OWNER. If OWNER'S cost to complete the WORK exceeds the unpaid balance then due under the AGREEMENT, then CONTRACTOR shall pay OWNER the difference within ten (10) business days following OWNER's demand for same. Upon receipt of notice from OWNER of termination as provided for in this AGREEMENT, CONTRACTOR shall: (1) cease operations as directed by OWNER in the notice; (2) take actions necessary, or that OWNER may direct, for the protection and preservation of the WORK; and (3) except for the WORK directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. In the case of such termination, CONTRACTOR shall be entitled to receipt of payment for the WORK executed.
