Common use of Default by the Contractor Clause in Contracts

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. 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 D. Insolvency 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. (a) Each of the following shall constitute events and circumstances constitutes an Event 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 default by the Contractor hereunder(a “Contractor Event of Default”) under this Contract: (i) becoming subject to any act of insolvency or bankruptcy, when such failure continues for a period of twenty (20) Days after the Contractor’s receipt of written notice thereofdissolution or liquidation voluntary or otherwise; B. A Material Failure to meet (ii) having a receiver, trustee, custodian or comply with federal similar agent appointed on account of insolvency or state requirement or law, when such failure continues for a period in respect of twenty (20) Days after the Contractor’s receipt of written notice thereofany property; 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 (iii) making 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 (iv) committing a breach of Anti- Corruption Laws; (v) failing to comply with any request, instruction 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) DaysOPG’s Representative; 4. Any proceedings under any law (vi) failing to pay accounts relating to bankruptcythe Work as they come due; (vii) failing to comply with statutes, insolvencylaws, regulations, bylaws or directives of competent authorities relating to the reorganization or relief of debtors Work; (viii) failing to be instituted by or against it and, if contested by it, not to be dismissed or stayed within sixty perform the Work with skill and diligence; (60ix) 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 representation made by the Department Contractor herein that any statement, representation was intentionally false or warranty in this Contract is false, misleading, or erroneous misleading when made in any material respect; (x) assigning or attempting to assign this Contract, in whole or in part, except in a manner expressly permitted in Section 10.2; (xi) failing, neglecting, refusing or being unable at any time during the term to provide reasonably adequate Contractor’s Personnel to perform the Work; (xii) a change of ownership or control of the Contractor occurs without the prior written consent of OPG; (xiii) failing or refusing to correct defective or deficient Work; or F. A failure by (xiv) being otherwise in default in carrying out any of its obligations under this Contract, whether such default is similar or dissimilar in nature to the causes listed previously and failing to remedy the breach to the satisfaction of OPG within ten business days following receipt of notice from OPG specifying the breach, or if the breach cannot be cured within such ten business day period, after such longer period of time as is reasonably required to cure the breach (but no longer than 60 days in any circumstances), so long as the Contractor diligently and constantly endeavours to comply cure the breach during such extended period. (b) Notice that the Contractor is in default will not be required if the default relates to the bankruptcy, insolvency or financial instability of the Contractor. Other than defaults arising from Sections 8(a)(i), 8(a)(ii) and 8(a)(iii), OPG will provide the Contractor with contractual terms ten days’ written notice. (c) If the Contractor is in default under this Contract, then in addition to or as an alternative to terminating this Contract, OPG may: (i) take possession of all of the Work in progress, material, supplies, Goods and conditionsthe Contractor’s equipment then at the Site (at no additional charge for the retention or use of the materials, resulting supplies, Goods and the Contractor’s equipment); (ii) eject and exclude from the Site the Contractor, any Subcontractors and any of the Contractor’s Personnel; (iii) suspend, in a breach whole or in part, the Contractor’s provision of security Work under this Contract; (iv) finish the Work by whatever means it may deem appropriate under the circumstances(and the Contractor, at no additional charge to OPG, will promptly, and in any event within three business days, provide OPG with all such records and work in progress that are not located on the Site and that are requested by OPG in writing); (v) incorporate or health and safety standards. This Event of Default may result use in the immediate termination project any or all Goods stored at the Site or for which OPG has paid the Contractor but which are stored elsewhere; and/or (vi) withhold, without interest, all payments, in whole or in part, to the Contractor under any agreement between OPG and the Contractor until the Contractor’s liability to OPG is determined. Unless OPG otherwise directs, the Contractor will cooperate with the exercise of OPG’s recourse under this Contract.Section 8, including by, if directed by OPG, (i) discontinuing the Work, (ii) ceasing to place orders for Xxxxx,

Default by the Contractor. (a) Each of the following shall constitute events and circumstances constitutes an Event 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 default by the Contractor hereunder(a “Contractor Event of Default”) under this Contract: (i) becoming subject to any act of insolvency or bankruptcy, when such failure continues for a period of twenty (20) Days after the Contractor’s receipt of written notice thereofdissolution or liquidation voluntary or otherwise; B. A Material Failure to meet (ii) having a receiver, trustee, custodian or comply with federal similar agent appointed on account of insolvency or state requirement or law, when such failure continues for a period in respect of twenty (20) Days after the Contractor’s receipt of written notice thereofany property; 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 (iii) making 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 (iv) committing a breach of Anti- Corruption Laws; (v) failing to comply with any request, instruction 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) DaysOPG’s Representative; 4. Any proceedings under any law (vi) failing to pay accounts relating to bankruptcythe Services as they come due; (vii) failing to comply with statutes, insolvencylaws, regulations, bylaws or directives of competent authorities relating to the reorganization or relief of debtors Services; (viii) failing to be instituted by or against it and, if contested by it, not to be dismissed or stayed within sixty perform the Services with skill and diligence; (60ix) 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 representation made by the Department Contractor herein that any statement, representation was intentionally false or warranty in this Contract is false, misleading, or erroneous misleading when made in any material respect; (x) assigning or attempting to assign this Contract, in whole or in part, except in a manner expressly permitted in Section 10.2; (xi) failing, neglecting, refusing or being unable at any time during the term to provide reasonably adequate Contractor’s Personnel to perform the Services; (xii) a change of ownership or control of the Contractor occurs without the prior written consent of OPG; (xiii) failing or refusing to correct defective or deficient Services; or F. A failure by (xiv) being otherwise in default in carrying out any of its obligations under this Contract, whether such default is similar or dissimilar in nature to the causes listed previously and failing to remedy the breach to the satisfaction of OPG within ten business days following receipt of notice from OPG specifying the breach, or if the breach cannot be cured within such ten business day period, after such longer period of time as is reasonably required to cure the breach (but no longer than 60 days in any circumstances), so long as the Contractor diligently and constantly endeavours to comply cure the breach during such extended period. (b) Notice that the Contractor is in default will not be required if the default relates to the bankruptcy, insolvency or financial instability of the Contractor. Other than defaults arising from Sections 8(a)(i), 8(a)(ii) and (iii), OPG will provide the Contractor with contractual terms ten days written notice. (c) If the Contractor is in default under this Contract, then in addition to or as an alternative to terminating this Contract, OPG may: (i) take possession of all of the Services in progress, material, supplies, Goods and conditionsthe Contractor’s equipment then at the Site (at no additional charge for the retention or use of the material, resulting supplies, Goods and the Contractor’s equipment); (ii) eject and exclude from the Site the Contractor, any Subcontractors and any of the Contractor’s Personnel; (iii) suspend, in a breach whole or in part, the Contractor’s provision of security Services under this Contract; (iv) finish the Services by whatever means it may deem appropriate under the circumstances (and the Contractor, at no additional charge to OPG, will promptly, and in any event within three business days, provide OPG with all such records and work in progress that are not located on the Site and that are requested by OPG in writing); (v) incorporate or health and safety standards. This Event of Default may result use in the immediate termination project any or all Goods stored at the Site or for which OPG has paid the Contractor but which are stored elsewhere; and/or (vi) withhold, without interest, all payments, in whole or in part, to the Contractor under any agreement between OPG and the Contractor until the Contractor’s liability to OPG is determined. Unless OPG otherwise directs, the Contractor will cooperate with the exercise of OPG’s recourse under this Contract.Section 8, including by, if directed by OPG, (i) discontinuing the Services, (ii) ceasing to place orders for Xxxxx,

Default by the Contractor. (a) Each of the following shall constitute events and circumstances constitutes an Event 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 default by the Contractor hereunder(a “Contractor Event of Default”) under this Contract: (i) becoming subject to any act of insolvency or bankruptcy, when such failure continues for a period of twenty (20) Days after the Contractor’s receipt of written notice thereofdissolution or liquidation voluntary or otherwise; B. A Material Failure to meet (ii) having a receiver, trustee, custodian or comply with federal similar agent appointed on account of insolvency or state requirement or law, when such failure continues for a period in respect of twenty (20) Days after the Contractor’s receipt of written notice thereofany property; 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 (iii) making 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 (iv) committing a breach of Anti- Corruption Laws; (v) failing to comply with any request, instruction 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) DaysOPG’s Representative; 4. Any proceedings under any law (vi) failing to pay accounts relating to bankruptcythe Work as they come due; (vii) failing to comply with statutes, insolvencylaws, regulations, bylaws or directives of competent authorities relating to the reorganization or relief of debtors Work; (viii) failing to be instituted by or against it and, if contested by it, not to be dismissed or stayed within sixty perform the Work with skill and diligence; (60ix) 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 representation made by the Department Contractor herein that any statement, representation was intentionally false or warranty in this Contract is false, misleading, or erroneous misleading when made in any material respect; (x) assigning or attempting to assign this Contract, in whole or in part, except in a manner expressly permitted in Section 10.2; (xi) failing, neglecting, refusing or being unable at any time during the term to provide reasonably adequate Contractor’s Personnel to perform the Work; (xii) a change of ownership or control of the Contractor occurs without the prior written consent of OPG; (xiii) failing or refusing to correct defective or deficient Work; or F. A failure by (xiv) being otherwise in default in carrying out any of its obligations under this Contract, whether such default is similar or dissimilar in nature to the causes listed previously and failing to remedy the breach to the satisfaction of OPG within ten business days following receipt of notice from OPG specifying the breach, or if the breach cannot be cured within such ten business day period, after such longer period of time as is reasonably required to cure the breach (but no longer than 60 days in any circumstances), so long as the Contractor diligently and constantly endeavours to comply cure the breach during such extended period. (b) Notice that the Contractor is in default will not be required if the default relates to the bankruptcy, insolvency or financial instability of the Contractor. Other than defaults arising from Sections 8(a)(i), 8(a)(ii) and 8(a)(iii), OPG will provide the Contractor with contractual terms ten days’ written notice. (c) If the Contractor is in default under this Contract, then in addition to or as an alternative to terminating this Contract, OPG may: (i) take possession of all of the Work in progress, material, supplies, Goods and conditionsthe Contractor’s equipment then at the Site (at no additional charge for the retention or use of the materials, resulting supplies, Goods and the Contractor’s equipment); (ii) eject and exclude from the Site the Contractor, any Subcontractors and any of the Contractor’s Personnel; (iii) suspend, in a breach whole or in part, the Contractor’s provision of security Work under this Contract; (iv) finish the Work by whatever means it may deem appropriate under the circumstances (and the Contractor, at no additional charge to OPG, will promptly, and in any event within three business days, provide OPG with all such records and work in progress that are not located on the Site and that are requested by OPG in writing); (v) incorporate or health and safety standards. This Event of Default may result use in the immediate termination project any or all Goods stored at the Site or for which OPG has paid the Contractor but which are stored elsewhere; and/or (vi) withhold, without interest, all payments, in whole or in part, to the Contractor under any agreement between OPG and the Contractor until the Contractor’s liability to OPG is determined. Unless OPG otherwise directs, the Contractor will cooperate with the exercise of OPG’s recourse under this Contract.Section 8, including by, if directed by OPG, (i) discontinuing the Work, (ii) ceasing to place orders for Xxxxx,