Default by Consultant. If any material representation made by the Consultant in this Agreement shall prove to be false or misleading in any material respect, or if the Consultant shall default in the timely performance of any of its obligations under this Agreement and such default shall continue for a period of three (3) days after written notice from the Authority specifying the occurrence, omission, or failure giving rise to such default, or if, in the opinion of the Authority, by reason of the nature of such default, such default cannot be cured within such three (3) day period, then if the Consultant shall not within such period commence with due diligence the curing of such default and thereafter prosecute and complete the curing of such default as promptly as possible, the Authority, in addition to any other remedies of claims it may have with respect to such representation or such default, may terminate this Agreement immediately upon oral or written notice to the Consultant. In the event of such termination, the Authority, without waiving any such remedy or claims, will pay the Consultant for services satisfactorily performed prior to the effective date of cancellation. Any reports, drawings, or other documents prepared for the Authority prior to the effective date of such cancellation shall be delivered to the Authority by the Consultant in accordance with Article II of this Agreement.
Default by Consultant. Consultant is in default of this MSA if it fails to cure any non-monetary breach of any material term of this MSA within thirty (30) days of receiving written notice of the breach from Company (“Consultant Default”); provided, however, that Company expressly acknowledges that Service-related failure or degradation in performance is not subject to a claim of a Consultant Default. Company’s sole and exclusive remedy for any failure of Service is limited to the remedies set forth in under the Limited Warranty and Limitation of Liability sections of this Agreement. In the event of a Consultant Default, Company may terminate the Services and this Agreement upon written notice to Consultant. Any termination shall not relieve Company of its obligations to pay all charges incurred hereunder prior to such termination.
Default by Consultant. Failure by CONSULTANT to perform and/or comply with any provision, covenant, or condition of this Agreement shall be a default and material breach of this Agreement. In such event ADMINISTRATOR, in his sole discretion and in addition to immediate termination, as set forth above in Paragraph 18.2, and any other remedies available at law, in equity, or otherwise specified in this Agreement, may elect any of the following:
(a) Afford CONSULTANT a time period of fifteen (15) days from the date notice is mailed to cure the default, or to commence to cure such breach and diligently pursue to completion the cure of such breach within thirty (30) days of date notice is mailed; and/or
(b) Discontinue payment to CONSULTANT for and during the period in which CONSULTANT is in breach, which payment may not be entitled to later recovery; and/or
(c) Offset against any monies billed by CONSULTANT but yet unpaid by COMMISSION those monies disallowed pursuant to the above paragraph; and/or
(d) Withhold from any monies payable to CONSULTANT sufficient funds to compensate COMMISSION for any losses, costs, liabilities or damages it reasonably believes were suffered by COMMISSION due to the default of CONSULTANT in the performance of the services required by this Agreement.
Default by Consultant. If any representation made by Consultant in this Agreement shall prove to be false or misleading in any material respect, or if Consultant shall default in the timely performance of any of its obligations under this Agreement and such default shall continue for a period of three business days after receipt of written notice from LMDC specifying the occurrence, omission or failure giving rise to such default, or if, in the opinion o f LMDC, by reason of the nature of such default, such default cannot be cured within such three -day period, then if Consultant shall not within such period commence with due diligence the curing of such default and thereafter prosecute and complete the cur ing of such default as promptly as possible, except that LMDC shall not be required to give Consultant such written notice and Consultant shall not have such right to cure for Consultant's failure to comply with Section 1.9 hereof, LMDC, in addition to any other remedies or claims it may have with respect to such representation or such default, may terminate this Agreement immediately on verbal or written notice to Consultant. In the event of such termination, LMDC, without waiving any such remedy or claim s (including consequential damages), shall not be required to pay Consultant any portion of the fee specified in this Agreement remaining to be paid for which valid vouchers have not been submitted pursuant to this Agreement on or before the date of LMDC's notice of termination.
Default by Consultant. Consultant will be in default under this Contract if:
15.1.1. Consultant institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or
15.1.2. Consultant no longer holds a license or certificate that is required for Consultant to perform its obligations under the Contract and Consultant has not obtained such license or certificate within 14 calendar days after DAS’ or Agency’s notice or such longer period as DAS or Agency may specify in such notice; or
15.1.3. Consultant commits any material breach or default of any covenant, warranty, obligation, certification, or agreement under this Contract, fails to perform the Services under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Services as to endanger Consultant's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 14 calendar days after DAS’ or Agency's notice, or such longer period as DAS or Agency may specify in such notice; or
15.1.4. Consultant has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State.
Default by Consultant. Consultant shall be in default under this Agreement if: Consultant institutes or has instituted against it insolvency, receivership or bankruptcy proceedings which are not dismissed within 60 days of their commencement, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or Consultant no longer holds a license or certificate that is required for Consultant to perform the Services and Consultant has not obtained such license or certificate within thirty (30) business days after delivery of Agency’s notice or such longer period as Agency may specify in such notice; or Consultant commits any material breach of any covenant, warranty, obligation or certification under this Agreement, fails to perform the Services in conformance with the specifications and warranties provided herein, or clearly manifests an intent not to perform future obligations under this Agreement, and such breach or default is not cured, or such manifestation of an intent not to perform is not corrected by reasonable written assurances of performance within thirty (30) business days after delivery of Agency’s notice or such longer period as Agency may specify in such notice. Default by Agency. Agency shall be in default under this Agreement if: Agency fails to pay Consultant any amount pursuant to the terms of this Agreement, and Agency fails to cure such failure within thirty (30) business days after delivery of Consultant’s notice or such longer period as Consultant may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Agreement, fails to perform its commitments hereunder within the time specified or any extension thereof, and Agency fails to cure such failure within thirty (30) business days after delivery of Consultant’s notice or such longer period as Consultant may specify in such notice.
Default by Consultant. The Trust may terminate the Contract for cause, including:
(a) a material breach of any covenant or agreement contained in the Contract;
(b) if the Consultant shall default in the timely performance of any of its obligations under the Contract and such default shall continue for a period of three (3) days after written notice from the Trust specifying the occurrence, omission or failure giving rise to such default, or if in the opinion of the Trust, by reason of the nature of such default, such default cannot be cured within such three (3) day period and the Consultant has not promptly prosecuted the curing of such default;
(c) any representation or warranty made or deemed to have been made under the Contract by the Consultant shall prove to be untrue in any material respect; or
(d) the Consultant shall make a general assignment for the benefit of its creditors, or a receiver or trustee shall have been appointed on account of Consultant’s insolvency, or Consultant otherwise shall be or become insolvent, or an order for relief shall have been entered against Consultant under Chapter 7 or Chapter 11 of Title 11 of the United States Bankruptcy Code. In addition to any other remedies or claims that the Trust may have with respect to such representation or such default, the Trust may terminate the Contract immediately upon three (3) days’ written notice to the Consultant. In the event of such termination, the Trust, without waiving any such remedy or claims (including consequential damages), shall pay the Consultant that portion of the fee and reimbursable costs, not paid to the Consultant, commensurate with those Services actually and satisfactorily performed by the Consultant up to the date of such termination, provided, however, that the Trust shall deduct from any amounts due to the Consultant for additional costs and expenses that the Trust may incur in connection with the completion of the Services by another contractor(s) or consultant(s). The Consultant agrees to cause any agreement or contract entered into by the Consultant with any Subcontractors to contain a termination for default clause consistent with the provisions of this Subsection 5.
Default by Consultant. Consultant will be in default under this Contract if:
12.1.1. Consultant institutes or has instituted against it insolvency, receivership or bankruptcy proceedings which are not dismissed within sixty (60) Calendar Days of their commencement, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or
12.1.2. Consultant no longer holds a license or certificate that is required for Consultant to perform the Services and Consultant has not obtained such license or certificate within thirty (30) Calendar Days after delivery of Authorized Purchaser’s notice or such longer period as Authorized Purchaser may specify in such notice; or
12.1.3. Consultant commits any material breach of any covenant, warranty, obligation or certification under this Contract, fails to perform the Services in conformance with the specifications and warranties provided herein, or clearly manifests an intent not to perform future obligations under this Contract, and such breach or default is not cured, or such manifestation of an intent not to perform is not corrected by reasonable written assurances of performance within thirty (30) Calendar Days after delivery of Authorized Purchaser’s notice or such longer period as Authorized Purchaser may specify in such notice.
Default by Consultant. (a) If the Client considers that the Consultant:
(i) is in breach of or in default under the Agreement; or
(ii) has breached a warranty which it has given to the Client under the Agreement; the Client may give the Consultant a notice:
(iii) specifying the alleged breach of or default under the Agreement;
(iv) specifying the time and date by which the Consultant shall rectify the breach or default (or overcome their effects); and
(v) requiring the Consultant to show cause in writing why the Client should not exercise its rights under Clause 63.1(d).
(b) If the Client gives the Consultant a notice referred to Clause 63.1(a), the Consultant shall:
(i) comply with the notice;
(ii) give the Client a program to rectify the relevant default or remedy the breach (or overcome their effects) in accordance with the terms of the Client’s notice.
(c) If the Consultant fails to rectify a default or remedy a breach (or overcome their effects) in accordance with the terms of a notice referred to in Clause 63.1(a):
Default by Consultant. Consultant shall be deemed to be in default under this Agreement in the event Consultant shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Consultant, and such default shall continue (i) for a period of ten (10) days after Consultant receives written notice from Owner specifying the default in case of monetary defaults or (ii) for a period of thirty (30) days after Consultant receives written notice from Owner in the case of non-monetary defaults; provided, however, that if such non-monetary default cannot be cured within such thirty (30) day period, then Consultant