Common use of D efault Clause in Contracts

D efault. In the event any equipment or service furnished by CONTRACTOR in the performance of AGREEMENT should fail to conform to the specifications therein within one (1) calendar year from acceptance of the equipment or service, or any performance period specifically specified within the specifications or AGREEMENT, whichever is greater, COUNTY may reject same, and it shall become the duty of CONTRACTOR to reclaim and remove the items without expense to COUNTY and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should CONTRACTOR fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, COUNTY shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to CONTRACTOR the difference between the price specified in AGREEMENT and the actual cost to the COUNTY. In the event CONTRACTOR shall fail to make prompt delivery as specified of any equipment or service, the same conditions as to the rights of COUNTY to purchase on the open market and to reimbursement set forth above shall apply, except as otherwise provided in AGREEMENT. r damage sustained by COUNTY in procuring any equipment or service which CONTRACTOR agreed to supply under AGREEMENT but, by reason of the default or breach by CONTRACTOR, failed to supply, shall he borne and paid for by CONTRACTOR. Default shall include failure to carry out any of the requirements of AGREEMENT, including, but not limited to not providing enough properly skilled workers or proper materials, persistently disregarding laws and or ordinances, not proceeding with the work as agreed to herein, or otherwise substantially violating any provision of AGREEMENT."

D efault. In the event any equipment or service furnished by CONTRACTOR in the performance of AGREEMENT should fail to conform to the specifications therein within one (1) calendar year from acceptance of the equipment or service, or any performance period specifically specified within the specifications or AGREEMENT, whichever is greater, COUNTY may reject same, and it shall become the duty of CONTRACTOR to reclaim and remove the items without expense to COUNTY and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should CONTRACTOR fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, COUNTY shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to CONTRACTOR the difference between the price specified in AGREEMENT and the actual cost to the COUNTY. In the event CONTRACTOR shall fail to make prompt delivery as specified of any equipment or service, the same conditions as to the rights of COUNTY to purchase on the open market and to reimbursement set forth above shall apply, except as otherwise provided in AGREEMENT. r damage sustained by COUNTY in procuring any equipment or service which CONTRACTOR agreed to supply under AGREEMENT but, by reason of the default or breach by CONTRACTOR, failed to supply, shall he borne and paid for by CONTRACTOR. Default shall include failure to carry out any of the requirements of AGREEMENT, including, but not limited to not providing enough properly skilled workers or proper materials, persistently disregarding laws and or ordinances, not proceeding with the work as agreed to herein, or otherwise substantially violating any provision of AGREEMENT."