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:
a. Reducing or withholding payment under this Contract;
b. Requiring Contractor to perform at Contractor’s expense additional work necessary to perform the statement of work or meet performance standards; or
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. 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.
7.2 The decision of a court or arbitrator or an agreement between the Contractor and the Employer will be binding on the Guarantors in relation to any failure by the Contractor to perform the Contract.
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. 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:
(a) Procure all or part of the goods from other sources, in which event the Agency may hold the Contractor responsible for any excess cost occasioned thereby.
(b) Refuse to accept delivery of all or part of the goods.
(c) Terminate the Contract without any liability for termination charges or any liability of any kind of the Agency.
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. 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 Perform. In the event Contractor fails to commence said work within the time specified, or having begun said work fails to complete it on or before the time specified, or abandons it for any reason, suspends or fails to continue it, refuses to promptly correct any work not in conformity with the requirements of this Agreement, or defaults in any manner in the performance under the terms of the Agreement for a period of five (5) days (unless Contractor is prevented from continuing by reason of Force Majeure), the Company shall have the right, at its option, to terminate all or pa11 of this Agreement and to take over said work and complete it or have said work completed by another in any reasonable manner at Contractor’s expense. Such right of termination is without prejudice to any other rights or remedies Company may have under applicable law or this Agreement.
