Default by the Contractor. In case the Contractor fails to fulfil his obligations and responsibilities under this Contract, and provided the Contractor has not remedied such failure(s) within thirty (30) days of having been given UNIDO's express written notification of the nature of the failure(s), UNIDO may, at its sole option and without prejudice to its right to withhold payment(s) as hereinbefore provided, hold the Contractor in default under this Contract. When the Contractor is thus in default, UNIDO may, by giving written notice to the Contractor, terminate the Contract as a whole or such part or parts thereof in respect of which the Contractor is in default. Upon such notice, UNIDO shall have the right to seek completion, at the Contractor's expense, of that part or those parts of the Contract with respect to which the Contractor is in default. The Contractor shall, in this case, be solely responsible for any reasonable costs of completion, including such costs which are incurred by UNIDO over and above the originally agreed Contract price stipulated hereinbefore.
Default by the Contractor. Each of the following shall constitute an Event of Default on the part of the Contractor:
A. A Material Failure to keep, observe, perform, meet, or comply with any covenant, agreement, term, or provision of this Contract to be kept, observed, met, performed, or complied with by the Contractor hereunder, when such failure continues for a period of twenty (20) Days after the Contractor’s receipt of written notice thereof;
B. A Material Failure to meet or comply with federal or state requirement or law, when such failure continues for a period of twenty (20) Days after the Contractor’s receipt of written notice thereof;
C. The Contractor’s Material Failure to comply with any Department Policy for which the Contractor has been expressly required to comply and for which the Contractor has not received a prior written waiver from the Department, when such failure continues for a period of twenty (20) Days after the Contractor’s receipt of written notice thereof;
X. Xxxxxxxxxx of the Contractor as evidenced by any of the following occurrences:
1. Its inability to pay its debts;
2. Any general assignment for the benefit of creditors;
3. Any decree or order appointing a receiver or trustee for it or substantially all of its property to be entered and, if entered without its consent, not to be stayed or discharged within sixty (60) Days;
4. Any proceedings under any law relating to bankruptcy, insolvency, or the reorganization or relief of debtors to be instituted by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) Days; or
5. Any judgment, writ of attachment or execution, or any similar process to be issued or levied against a substantial part of its property which is not released, stayed, bonded, or vacated within sixty (60) Days after issue or levy.
E. The discovery by the Department that any statement, representation or warranty in this Contract is false, misleading, or erroneous in any material respect; or
F. A failure by the Contractor to comply with contractual terms and conditions, resulting in a breach of security or health and safety standards. This Event of Default may result in the immediate termination of this Contract.
Default by the Contractor. If the Contractor fails or neglects to comply with any provision of the Agreement, such failure shall be deemed a material breach and W&M shall have the right, in its sole discretion, without prejudice to any other rights and remedies, to (a) terminate the Agreement and cancel the performance, (b) prorate or withhold payment of the fee, and/or (c) refuse to enter into future contracts with the Contractor. In the event the Contractor fails to appear or perform, the Contractor agrees to reimburse W&M for all reasonable out of pocket expenses. W&M reserves the right to reduce payment for the Contractor’s failure to perform for the full amount of time specified in the Agreement or for substantial lateness of start time agreed upon in the Agreement.
Default by the Contractor. The failure of the Contractor to comply with any term, condition, or provision of this contract shall constitute a default by the Contractor. In this event, the Department shall deliver to the Contractor written notice specifying the nature of the Contractor'S default. The Department'S notice shall also include any penalties due for late or unsatisfactory performance. The Department may make termination of the contract effective immediately. If the notice of default sent by the Department does not indicate that the contract shall be terminated effective immediately, the Contractor shall have ten (10) working days after receipt of such notice to correct the problem which resulted in the default notice and to submit payment for the fine imposed. The Department may thereafter issue a notice of immediate termination if the default is not corrected to the satisfaction of the Department or payment of the proposed fine is not received within the ten day period.
Default by the Contractor. The Contractor is in default if the Contractor (i) does not perform the Services as agreed; or (ii) does not comply with any other provision of the Contract; or (iii) made a representation or warranty that is untrue; or (iv) loses a license or other qualification that is required to perform the Services; or (v) is in breach under any other Contract with the District and has not resolved the breach to the satisfaction of the District; or (vi) is convicted of a crime that would cause the Contractor to no longer pass any criminal background checks that the District or law requires; or (vii) the District determines in its sole discretion that the Contractor’s actions or inaction, or the action or inaction of any of the Contractor’s employees, agents, or contractors is a threat or danger to the District or any of its schools, properties, premises, students, visitors, community, employees, agents, or the public (“District Constituents”).
Default by the Contractor. (1) If the Contractor defaults as to, or otherwise fails to comply with, any of the conditions of this contract the Department may:
(i) withhold payments until the default is resolved to the satisfaction of the Department;
(ii) temporarily or permanently discontinue services under the contract;
(iii) require that unexpended funds be returned to the Department;
(iv) assign appropriate state personnel to execute the contract until such time as the contractual defaults have been corrected to the satisfaction of the Department;
(v) require that contract funding be used to enter into a subcontract arrangement with a person or persons designated by the Department in order to bring the program into contractual compliance;
(vi) terminate this contract;
(vii) take such other actions of any nature whatsoever as may be deemed appropriate for the best interests of the state or the program(s) provided under this contract or both;
(viii) any combination of the above actions.
(2) In addition to the rights and remedies granted to the Department by this contract, the Department shall have all other rights and remedies granted to it by law in the event of breach of or default by the Contractor under the terms of this contract.
(3) If at any step in this process the Contractor fails to comply with the procedure and, as applicable, the agreed upon plan of correction, the Department may proceed with default remedies.
Default by the Contractor. Add as clause 0.
Default by the Contractor. After prior written notice to the CONTRACTOR the PURCHASER shall be entitled to one day's postponement of the payment of any CONTRACT installment and/or other amounts due under this CONTRACT for each day of delay of the CONTRACTOR default of its obligations under this CONTRACT. If the aforesaid delay of the CONTRACTOR exceeds 90 calendar days, the PURCHASER, after prior written notice and failure of the CONTRACTOR to comply with the obligation within an additional period of 7 days, may have the right to terminate the CONTRACT by giving notice in writing, which may be by e-mail if confirmed by letter, to the CONTRACTOR about such termination. In this event the PURCHASER shall be entitled to recover damages from the CONTRACTOR in respect of any loss that the PURCHASER has suffered by reason of the CONTRACTOR's default.
Default by the Contractor. Each of the following shall constitute an Event of Default on the part of the Contractor:
Default by the Contractor. If the Contractor abandons the Works, refuses or fails to comply with a valid instruction of the Employer or fails to proceed expeditiously and without delay, or stops execution of the Works for more than 14 days without reasonable excuse, or is in breach of this Contract, the Employer may give notice referring to this Sub-Clause and stating the default. If the Contractor has not taken all practicable steps to remedy the default within 14 days after the Contractor’s receipt of the Employer’s notice, the Employer may by a second notice given within a further 14 days, terminate this Contract. After termination, the Contractor shall demobilise from the Site leaving behind Materials and Plant and any Contractor’s Equipment which the Employer instructs in the second notice is to be used until the completion of the Works.
