DEFAULT BY PROVIDER. When Provider shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications, the District may, upon five (5) business days' prior written notice describing the fault, at its option, annul and set aside the contract entered into with said Provider and make and enter into a new contract in such manner as seems to the Board of Education to be to the best advantage of the District. Any failure for furnishing such articles or services by reason of the failure of the Provider as above stated, shall be a liability against the Provider and his sureties. The Board of Education reserves the right to cancel any articles or services which the Provider may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Provider provided satisfactory proof is furnished to the Board of Education, if requested.
DEFAULT BY PROVIDER. When Provider, or any subprovider, or vendor shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications, the District may, upon five (5) business days’ prior written notice describing the default, at its option, annul and set aside the contract entered into with said Provider, subprovider or vendor either in whole or in part, and make and enter into a new contract in such manner as seems to the Board of Education to be to the best advantage of the District. Any failure for furnishing such articles or services by reason of the failure of the Provider, subprovider or vendor, as above stated, shall be a liability against the Provider and his sureties. The Board of Education reserves the right to cancel any articles or services which the Provider may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Provider provided satisfactory proof is furnished to the Board of Education, if requested.
DEFAULT BY PROVIDER. A. In the event Provider fails or neglects to comply with any term or condition of this Agreement or to provide the services stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity.
DEFAULT BY PROVIDER. Unless cured or excused by the Force Majeure provision in Section 22(a) or County default, each of the following shall constitute default on the part of the Provider:
1) Fails to provide services called for by this Agreement within the time specified herein or any extension thereof;
2) Provider is in such financial condition so as to endanger the performance of this Agreement;
3) Makes material misrepresentations either in the attached exhibits and documents or in any other material provision or condition relied upon in the making of this Agreement;
4) Persistently disregards laws, ordinances, rules, regulations or orders of any public authority, including the County;
5) Failing to perform any other material provision of this Agreement.
DEFAULT BY PROVIDER. 9.1 Without prejudice to any other right or remedy, if the Provider does not provide the Services in accordance with the Specification or at the times specified in this Contract (“Default”) the Trust may:
I. Require the Provider to remedy the Default within such time as the Trust may specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services to the Specification;
II. Without terminating the whole of this Contract terminate this Contract in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself as a temporary measure;
III. Itself provide or obtain the provision of the Services as a temporary measure until it is satisfied that the Provider is able to carry out the Services in accordance with this Contract‟s special conditions and Specification;
IV. Terminate this Contract.
9.2 If the cost to the Trust of executing or obtaining services pursuant to clause 9.1 exceeds the amount that would have been payable to the Provider for the provision of such services, such excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust in respect of the breach.
9.3 Consistent with the primacy of ensuring continuity of care for Residents the Trust shall take reasonable steps to mitigate the excess cost of obtaining or providing such alternative Services.
9.4 All or any of the remedies in clauses 9.1 and 9.2 may be exercised by the Trust in respect of any Default by the Provider. However such shall not affect the responsibility and liability of the Provider in regard to TUPE or the Service Provision Regulations.
DEFAULT BY PROVIDER. Customer may terminate a Service in the event Provider breaches this Agreement with respect to such Service and such breach is not cured within thirty (30) days after Provider’s receipt of written notice thereof, provided that if a breach subject to this Section 8.2 cannot be cured within thirty (30) days, but is capable of being cured within a reasonable time thereafter, then Customer may not terminate the Service if Provider commences to cure within said thirty (30) days and thereafter diligently and continuously pursues such cure to completion, or Provider provides Customer reasonable assurance that the same breach to the same Service will not subsequently occur.
DEFAULT BY PROVIDER. Failure to comply with any of the terms and/or conditions of the Contract shall constitute default by the Provider..
DEFAULT BY PROVIDER. Provider is in default under this Agreement if Provider commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Provider’s performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within fourteen (14) calendar days after City’s notice, or such longer period as City may specify in such notice.
DEFAULT BY PROVIDER. Provider shall be in default under this Agreement if:
6.3.1 Any license, certification, or privilege required in order for Provider or Provider’s employed professionals to fulfill Provider’s obligations under this Agreement is for any reason denied, revoked, suspended without reinstatement, or not renewed.
6.3.2 The cancellation, termination or reduction below required coverage limits of any policy of insurance Provider is obligated to carry pursuant to this Agreement.
6.3.3 Provider or any of Provider’s employees are: (i) suspended, debarred, or otherwise excluded from participating in procurement activities under regulations issued pursuant to Executive Order No. 12549 or under guidelines implementing such order; (ii) suspended or terminated from the Medical Assistance Program or excluded from participation in the Medicare program; or (iii) convicted of a felony or misdemeanor related to a crime or violation of Title XVIII, XIX, or XX of the Social Security Act or related laws (or entered a plea of nolo contender).
6.3.4 WVP determines, in its sole discretion, Provider or a Provider employee has engaged in unprofessional conduct, or conduct that is detrimental to WVP’s interests; Provider was provided with written notice by WVP to cease such conduct; and Provider or its employee(s) continue to engage in such conduct after such notice.
6.3.5 WVP or a Payer determines, in its or their sole discretion, Provider presents a risk to the health, safety or welfare of Enrollees.
6.3.6 Provider fails, without good cause, to appear at or satisfy the information requirements of any appearance before a quality improvement, utilization management, or similar committee, or any ad hoc investigating committee appointed by such committee, of which Provider had actual timely notice. For purposes of this Section, “timely notice” means 7 calendar days, unless circumstances involving the health or welfare of a particular patient or patients necessitates a shortened time period (in the sole judgment of the committee requesting the appearance), or Provider, upon showing of good cause, requires an alternative date for appearance.
6.3.7 Provider commits any breach of any covenant, representation, warranty, or obligation under this Agreement, or fails to correct within the appropriate time frame any deficiencies identified in a CAP to the satisfaction of WVP or a Payer as the case may be, and such breach or failure is not cured within 30 days (“Cure Period”) after receipt of writt...
DEFAULT BY PROVIDER. Provider shall be in default under this Agreement if:
a. Provider 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
b. Provider no longer holds a license or certificate that is required for Provider to perform its obligations under the Agreement and Provider has not obtained such license or certificate within 14 (fourteen) calendar days after Health Plan’s notice or such longer period as Health Plan may specify in such notice; or
c. Provider commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Provider’s performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 14 (fourteen) calendar days after Health Plan’s notice, or such longer period as Health Plan may specify in such notice.
