Common use of Default by Consultant Clause in Contracts

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.