Common use of County Default Clause in Contracts

County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA to measure the delivery of Work, the expenditure of payments or the performance by County is untrue in any material respect when made; c. County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 7 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

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County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA ODHS to measure the delivery of Work, the expenditure of payments or the performance by County is untrue in any material respect when made; c. County County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 4 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein;set b. Any representation, warranty or statement made by County herein or in any documents or reports made by County in connection herewith that are reasonably relied upon by OHA OYA to measure the delivery of WorkServices, the expenditure of payments funds or the performance by County is untrue in any material respect when made; c. County County (1i) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2ii) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3iii) makes a general assignment for the benefit of its creditors, (4iv) is adjudicated a bankrupt or insolvent, (5v) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7vii) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) viii) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1i) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3iii) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal federal Bankruptcy Code (as now or hereafter in effect).

Appears in 3 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

County Default. County shall will be in default under this Agreement upon the occurrence of any of the following events: a. 12.1 County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth hereinunder this Agreement; b. 12.2 Any representation, warranty or statement made by County herein in this Agreement or in any documents or reports relied upon by OHA OSMB to measure the delivery of Workservices, the expenditure of payments funds or the performance by County is untrue in any material respect when made; c. County 12.3 County (1a) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2b) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3c) makes a general assignment for the benefit of its creditors, (4d) is adjudicated a as bankrupt or insolvent, (5e) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6f) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7g) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) h) takes any action for the purpose of effecting any of the foregoing; or d. 12.4 A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1a) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, debts of County, (2b) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3c) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 3 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Patrol Services Agreement

County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA DHS to measure the delivery of Work, the expenditure of payments or the performance by County is untrue in any material respect when made; c. County County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 2 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement

County Default. In addition to the default provisions described in Section 11 of this Agreement (“County Default”), County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein, including but not limited to, County's failure to comply with the Plan; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA Agency to measure County performance hereunder, including without limitation, the conduct of Activities and or delivery of WorkServices, the expenditure of payments financial assistance or the performance by County County, is untrue in any material respect when made; c. County (1i) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2ii) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3iii) makes a general assignment for the benefit of its creditors, (4iv) is adjudicated a bankrupt or insolvent, (5v) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6vi) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7vii) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) viii) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1i) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3iii) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 2 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement

County Default. County shall will be in default under this Agreement upon the occurrence of any of the following events: a. 11.1 County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth hereinunder this Agreement; b. 11.2 Any representation, warranty or statement made by County herein in this Agreement or in any documents or reports relied upon by OHA Agency to measure the delivery of Workservices, the expenditure of payments funds or the performance by County is untrue in any material respect when made; c. County 11.3 County (1a) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2b) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3c) makes a general assignment for the benefit of its creditors, (4d) is adjudicated a bankrupt or insolvent, (5e) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6f) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7g) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) h) takes any action for the purpose of effecting any of the foregoing; or d. 11.4 A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1a) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, debts of County, (2b) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3c) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 2 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement

County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA to measure the delivery of Work, the expenditure of payments or the performance by County is untrue in any material respect when made; c. County County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 1 contract

Samples: Intergovernmental Agreement

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County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA ODHS to measure the delivery of Work, the expenditure of payments or the performance by County is untrue in any material respect when made; c. County County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or, d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 1 contract

Samples: Intergovernmental Agreement

County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; b. Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA to measure the delivery of Work, the expenditure of payments or the performance by County is untrue in any material respect when made; c. County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).,

Appears in 1 contract

Samples: Intergovernmental Agreement

County Default. County shall will be in default under this Agreement upon the occurrence of any of the following events: a. County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein;under this Agreement. b. Any representation, warranty or statement made by County herein in this Agreement or in any documents or reports relied upon by OHA OJD to measure the delivery of Workservices, the expenditure of payments funds or the performance by County is untrue in any material respect when made; c. County (1a) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2b) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3c) makes a general assignment for the benefit of its creditors, (4d) is adjudicated a as bankrupt or insolvent, (5e) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6f) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-upwinding‐up, or composition or adjustment of debts, (7g) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) h) takes any action for the purpose of effecting any of the foregoing; or d. A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1a) the liquidation, dissolution or winding-upwinding‐up, or the composition or readjustment of debts, debts of County, (2b) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3c) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-upwinding‐up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty (60) consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 1 contract

Samples: Intergovernmental Agreement

County Default. County shall be in default under this Agreement upon the occurrence of any of the following events: a. : County fails to perform, observe or discharge any of its covenants, agreements or obligations set forth herein; b. ; Any representation, warranty or statement made by County herein or in any documents or reports relied upon by OHA DOE to measure the delivery of Work, the expenditure of payments or the performance by County is untrue in any material respect when made; c. County ; County (1) applies for or consents to the appointment of, or taking of possession by, a receiver, custodian, trustee, or liquidator of itself or all of its property, (2) admits in writing its inability, or is generally unable, to pay its debts as they become due, (3) makes a general assignment for the benefit of its creditors, (4) is adjudicated a bankrupt or insolvent, (5) commences a voluntary case under the Federal Bankruptcy Code (as now or hereafter in effect), (6) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, (7) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under the Bankruptcy Code, or (8) takes any action for the purpose of effecting any of the foregoing; or d. or A proceeding or case is commenced, without the application or consent of County, in any court of competent jurisdiction, seeking (1) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of County, (2) the appointment of a trustee, receiver, custodian, liquidator, or the like of County or of all or any substantial part of its assets, or (3) similar relief in respect to County under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty consecutive days, or an order for relief against County is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).

Appears in 1 contract

Samples: Intergovernmental Agreement

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