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 24(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. Unless cured or excused under paragraph 20 (A) or Lead County or other Financially Responsible Agency default, each of the following shall constitute default on part of the Provider.
1) A written admission by the Provider that it is bankrupt; the filling by the Provider of a voluntary petition under the Federal Bankruptcy Act; or the filing of an involuntary petition under the Federal Bankruptcy Act against the Provider unless dismissed within ninety (90) calendar days. The notice of Default and cure provisions of this Contract do not apply to this paragraph.
2) The making of any arrangement with or for the benefit of the Provider’s creditors involving an assignment to a trustee, receiver, or similar fiduciary. The Notice of Default and cure provisions do not apply to this paragraph.
3) Making material misrepresentations either in the documents attached to this Contract or in any other material provision or condition relied upon in the making of this Contract.
4) The Provider disregards laws, ordinances, rules, regulations or orders of any public authority.
5) Failure to perform any other material provision of this Contract.
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. The Rhode Island Department of Children, Youth and Families may, by ninety (90) days prior written notice to the PROVIDER signed by the Chief, Program Development, Contracts and Standards, (hereinafter, "the Chief") terminate the PROVIDER'S right to proceed as to the contract if the PROVIDER:
1. materially fails to perform the services within the time specified or any extension thereof, or
2. so fails to make progress as to materially endanger performance of the contract in accordance with its terms. Termination, at the option of the DEPARTMENT shall be effective ninety (90) days after receipt of such notice, unless the PROVIDER shall have corrected such failure(s) thirty (30) days after the receipt by the PROVIDER of such written notice; any failure which, in the exercise of due diligence, cannot be cured within such thirty (30) day period shall not be deemed a default so long as the PROVIDER shall within such period commence and thereafter continue diligently to cure such failure. None of the provisions of this Agreement shall entitle the DEPARTMENT to incidental or consequential damages.
DEFAULT BY PROVIDER. Time is of the essence of this Purchase Order. In the event Provider shall: (1) fail to perform the Services required by this Purchase Order within the time herein provided or any agreed upon extension of such time; or (2) fail to perform any other provision of this Purchase Order; or (3) fails to make progress as to endanger timely and proper performance of the Purchase Order, and in either or case, fails to cure such failure within a period of ten (10) days after receipt of notice from Buyer specifying such default, then in addition and not in lieu of any other rights or remedies, Buyer may terminate this Purchase Order in whole or in part. Buyer shall also, in the event of such termination for cause, have the right to procure, on such terms and in such manner as it may deem appropriate, Services similar to those so terminated, and to recover from Provider, or to set off against any sum then or thereafter due to Provider, the excess costs incurred by it in procuring such similar Services. Notwithstanding, however, Provider shall not be liable for any delays caused by acts of: i) nature; ii) war; iii) hostilities; iv) fire; or v) any act or default of the Buyer. In order for Provider to qualify for an excusable delay, the Provider must promptly notify the Buyer in writing no later than seven days after the start of each occurrence, establishing that a condition exists or is about to exist, as identified in the preceding sentence and shall use best efforts to avoid or work around such occurrence. Said notification shall include sufficient information to support Provider’s claim, including written documentation of an independent third party, with evidence of the period of said delay. The delivery schedule requirements of this Purchase Order shall be extended by the length of such period as is supported by the evidence provided. The Provider shall advise the Buyer in writing at the end of the circumstance that gave rise to the delay. Unless both parties otherwise agree, if the period of excusable delay exceeds 60 days, the Buyer shall have, the right to rescind this Purchase Order. The rights of Xxxxx provided in this article shall be in addition to any rights provided by law elsewhere or by this Purchase Order.
DEFAULT BY PROVIDER. The occurrence of any of the following events shall constitute a default by Provider under this Agreement: (a) Provider fails to timely pay any installment of rent when due or any other amount due under this Agreement; (b) Provider assigns, transfers, or encumbers this Agreement or any part of Premises except when in strict compliance with the terms of this Agreement; (c) Provider files a petition in bankruptcy, becomes insolvent, has a petition filed against Provider in bankruptcy, or insolvency or for reorganization or appointment of a receiver or trustee, which is not dismissed within sixty (60) days; (d) Provider petitions for or enters into an arrangement for the benefit of creditors or suffers this Agreement to become subject to a writ of execution, and such writ is not released within thirty (30) days; (e) Provider abandons, deserts, or vacates any part of Premises or discontinues operation of any Services without prior written consent of the Department for seven (7) or more consecutive days; or (f) except as otherwise set forth above, Provider violates or fails to perform any other obligation to be performed by Provider under this Agreement and fails to cure the same within twenty (20) days following written notice of such violation from City.
