Default and Termination for Cause. If the Provider Agency fails to fulfill or comply with any of the terms or conditions of the Contract, in whole or in part, the Department may by Notice place the Provider Agency in default status, and take any action(s) listed in accordance with Department Policy Circular P9.05, Contract Default. Notice shall follow the procedures established in the Policy Circular. The above notwithstanding, the Department may immediately upon Notice terminate the Contract prior to its expiration, in whole or in part, whenever it is determined that the Provider Agency has jeopardized the safety and welfare of the Department's clients, materially failed to comply with the terms and conditions of the Contract, or whenever the fiscal or programmatic integrity of the Contract has been compromised. The Notice of Termination shall state the reason for the action(s); the Provider Agency's informal review options, time frames and procedures; the effective date of the Termination; and the fact that a request for a review of the decision for action(s) does not preclude the determined action(s) from being implemented.
Default and Termination for Cause. If either party shall default in the performance of any of its obligations hereunder, and such default shall continue for thirty (30) days after written notice from the other party designating such default, or either party shall make any assignment for the benefit of creditors or there shall be filed by or against either party any petition for adjudication as a bankrupt or for reorganization, or an arrangement, or for any relief under other debtor relief laws, the other party may terminate this Agreement by written notice at any time thereafter while such default or other events shall be continuing and thereupon this Agreement shall forthwith terminate. If termination shall occur through default of Owner, Manager as its sole and exclusive remedy, shall be paid, as compensation, its fees and reimbursable expenses hereunder accrued through the date of such termination plus reasonable expenses relating to relocating Manager's employees. Termination of this Agreement because of Owner's default, shall, except as provided in SECTION 8.3 below, release Manager from liability for failure to perform any of the duties or obligations of Manager as expressed herein and required to be performed after such termination.
Default and Termination for Cause. SJRA may also terminate this Order, or any part of it, for cause in the event of any default by Seller. Without limiting the generality of the foregoing, Seller’s failure to comply with any of the terms and conditions of this Order, late deliveries, deliveries of products which are defective or which do not conform to the requirements of this Order, breach of any warranty or failure to provide SJRA, upon request, with adequate assurances of future performance shall all be defaults allowing SJRA to terminate this Order for cause. If at any time it becomes apparent that the Goods cannot be delivered within the time specified in this Order, notice thereof must be given immediately by Seller to SJRA by courier, overnight delivery, facsimile or telegraph, to the address shown on the face of the Order, together with advice as to the best possible delivery date. It is agreed that upon any such notice, or in the event, with or without such notice, it becomes impossible for Seller to deliver the Goods within the time specified herein, such notice or event shall constitute an anticipatory repudiation of this Order. In the event of default or an anticipatory repudiation of this Order, SJRA may elect: (i) to terminate this Order, in whole or in part, and, if SJRA so chooses, SJRA shall have the right to effect cover and may proceed to purchase Goods in substitution for that due under this Order, in which event, Seller shall be liable to SJRA for the difference between the cost of such substitution and the prices under this Order, together with all incidental and consequential loss or damages incurred by SJRA; (ii) to notify Seller of the default and require Seller to correct the same, in which case the Seller shall remedy the same without expense or liability on the part of SJRA and shall further pay SJRA all incidental and consequential loss or damages resulting therefrom;
Default and Termination for Cause. If the Contracted State Agency fails to fulfill or comply with any of the terms or conditions of the Agreement, in whole or in part, the Departmental Component may by Notice place the Contracted State Agency in default status, and take any action(s) listed in accordance with Policy Circular P9.05, Contract Default located in the Department’s Contract Policy and Information Manual. Notice shall follow the procedures established in the Policy Circular.
Default and Termination for Cause. If the Provider Agency fails to fulfill or comply with any of the terms or conditions of the Contract, in whole or in part, the Department may by Notice place the Provider Agency in default status, and take any action(s) listed in accordance with Department Policy DCF.P9.05,
Default and Termination for Cause. The Commission may place the Contractor in default of the Contract if the Contractor fails to fulfill or comply with any of the terms or conditions of the Contract, in whole or in part and as such, the Commission may take any or all of the following actions:
(a) Suspend activities under the Contract, upon 30 days’ advance written Notice by the Commission, and withhold further payments, except for those necessary allowable costs which the Contractor cannot reasonably avoid during the period of suspension. The Notice of Suspension shall state the reason for the action, the effective date of the Suspension, the corrective action that must be taken and the time period during which the corrective action must be accomplished;
(b) Terminate the Contract for cause, in whole or in part, upon 30 days' advance written Notice by the Commission. The Notice of Termination shall state the reason for the action, the effective date of the Termination, the manner in which accounts will be settled and the contract closeout procedures to be followed. As of the effective date of a Termination for cause, the Contractor shall immediately cease incurring additional obligations of Contract funds. The Contractor shall have no right to utilize Contract funds to pay any costs incurred after the effective date of a Termination for cause. The Contract shall be subject to a final audit under S ection 3.08 Audit;
(c) Terminate the Contract for cause, in whole or in part, immediately effective upon Notice, whenever the Commission determines that the Contractor has jeopardized the safety and welfare of the public, materially failed to comply with the terms and conditions of the Contract, or whenever the fiscal or programmatic integrity of the Contract has been compromised. The Notice of Termination pursuant to this provision shall state the reason for the action, the effective date of the Termination, the manner in which accounts will be settled and the Contract closeout procedures to be followed. As of the effective date of such a Termination for cause, the Contractor shall immediately cease incurring additional obligations of Contract funds. The Contractor shall have no right to utilize Contract funds to pay any costs incurred after the effective date of the Termination. The Contract shall be subject to a final audit under Section 3.08 Audit;
(d) Use any other remedy or remedies that may be legally available; and
(e) Require the Contractor to supply such work product, including close-out...
Default and Termination for Cause. If the Contractor fails to fulfill the obligations of this agreement of which the Customer has informed the Contractor in writing, the Contractor has 30 days to remedy the issues. If after 30 days the Contractor has still failed to meet the obligations of this agreement, the Customer may choose to terminate the agreement. In the event of default by Customer which results in termination of services by the Contractor, all work performed prior to termination shall be paid by Customer in accordance with the terms in section 7 above.
Default and Termination for Cause. If either party shall default in the performance of any of its obligations hereunder, and such default shall continue for fifteen (15) days after written notice from the other party designating such default, or either party shall make any assignment for the benefit of creditors or there shall be filed by or against either party any petition for adjudication as a bankrupt or for reorganization, or an arrangement, or for any relief under other debtor relief laws, the other party may terminate this Agreement by written notice at any time thereafter while such default or other events shall be continuing and thereupon this Agreement shall forthwith terminate. If termination shall occur through default of Owner, Property Manager as its sole and exclusive remedy, shall be paid, as compensation, its fees and reimbursable expenses hereunder accrued through the date of such termination. Termination of this Agreement because of Owner's default shall release Property Manager from liability for failure to perform any of the duties or obligations of Property Manager as expressed herein and required to be performed after such termination except for the duties and obligations to deliver to Owner all funds in the Property Account, all records and documents relating to the Properties and all other property of Owner and any other obligation or duty (including, without limitation, those set out in Section 7.3) which this Agreement provides is to be performed after termination.
Default and Termination for Cause. LIP shall be in default hereunder if it fails to make any payment due to AutoReturn by the date required for such payment or it fails to perform or breaches any other term, agreement or covenant of this Agreement. If an event of default or breach occurs, Auto Return shall have the right to immediately terminate this Agreement and terminate LIP’s use of the Software and Logistical Services. The exercise of the termination rights hereunder by AutoReturn shall not prevent its concurrent or subsequent exercise of any other remedy provided for in this Agreement or otherwise available to it at law or in equity.
Default and Termination for Cause. Any material violation of this Agreement is a default. In the event of a default, each party shall give the other party written notice of the alleged default, and each party will be afforded a reasonable opportunity to cure the default or present their disagreement for resolution to a mediator in accordance with the dispute resolution process set forth in section 17A. Failure to cure a default or participate in the dispute resolution process will result in a termination of this Agreement, but no such termination shall take effect until 90 days after the governing body of Agency or ECC finds and determines, by resolution or ordinance, that the Agreement should be terminated for cause. If Agency or ECC finds and determines by resolution or ordinance that the default has been cured during such 90 day period, and that reasonable assurance has been provided against further default, then this Agreement shall remain in effect.
