Default by Contractor. Contractor will be in default under this Contract if: Contractor 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 Contractor no longer holds a license or certificate that is required for Contractor to perform the Services and Contractor 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 Contractor 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) Business Days after delivery of Agency’s notice or such longer period as Agency may specify in such notice; or Contractor has liquidated and delinquent debt owed to State or any department or agency of State. Default by Agency. Agency will be in default under this Contract if: Agency fails to pay Contractor any amount pursuant to the terms of this Contract, and Agency fails to cure such failure within thirty (30) Business Days after delivery of Contractor’s notice or such longer period as Contractor may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Contract, 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 Contractor’s notice or such longer period as Contractor may specify in such notice.
Appears in 6 contracts
Samples: Information Technology Services Contract, Information Technology Services Contract, Information Technology Services Agreement
Default by Contractor. Contractor will be in default under this Contract if: Contractor 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 Contractor no longer holds a license or certificate that is required for Contractor to provide the Application Services or perform the Services and Contractor 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 Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract, fails to provide the Application Services or 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) Business Days after delivery of Agency’s notice or such longer period as Agency may specify in such notice; or Contractor has liquidated and delinquent debt owed to State or any department or agency of State. Default by Agency. Agency will be in default under this Contract if: Agency fails to pay Contractor any amount pursuant to the terms of this Contract, and Agency fails to cure such failure within thirty (30) Business Days after delivery of Contractor’s notice or such longer period as Contractor may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Contract, 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 Contractor’s notice or such longer period as Contractor may specify in such notice.
Appears in 2 contracts
Samples: Information Technology Services Agreement, Information Technology Services Agreement
Default by Contractor. Contractor will be in default under this Contract if: Contractor 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 Contractor no longer holds a license or certificate that is required for Contractor to provide the Subscription Services or to otherwise perform the Services and Contractor 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 Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract, fails to provide the Subscription Services or 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) Business Days after delivery of Agency’s notice or such longer period as Agency may specify in such notice; or Contractor has liquidated and delinquent debt owed to State or any department or agency of State. Default by Agency. Agency will be in default under this Contract if: Agency fails to pay Contractor any amount pursuant to the terms of this Contract, and Agency fails to cure such failure within thirty (30) Business Days after delivery of Contractor’s notice or such longer period as Contractor may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Contract, 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 Contractor’s notice or such longer period as Contractor may specify in such notice.
Appears in 1 contract
Samples: Technology Services Contract
Default by Contractor. Contractor will be in default under this Contract if: Contractor 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 Contractor no longer holds a license or certificate that is required for Contractor to provide the Subscription Services or to otherwise perform the Services and Contractor 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 Contractor commits any material breach of any covenant, warranty, obligation or certification under this Contract, fails to provide the Subscription Services or 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) Business Days after delivery of Agency’s notice or such longer period as Agency may specify in such notice; or Contractor has liquidated and delinquent debt owed to State or any department or agency of State. Default by Agency. Agency will be in default under this Contract if: Agency fails to pay Contractor any amount pursuant to the terms of this Contract, and Agency fails to cure such failure within thirty (30) Business Days after delivery of Contractor’s notice or such longer period as Contractor may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Contract, 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 Contractor’s notice or such longer period as Contractor may specify in such notice.
Appears in 1 contract
Samples: Technology Services Contract