Common use of Default by the Town Clause in Contracts

Default by the Town. Unless excused by Contractor’s default or the occurrence of uncontrollable circumstances or Contractor waiver of default, each of the following shall constitute a default on the part of Town: (1) The persistent or repeated failure or refusal by Town to pay or prevent payment of any uncontested amount to the Contractor timely and properly submitted as required by this Agreement. (2) Making material misrepresentations either in the attached exhibits and documents or in any other provisions or conditions relied upon in making this Agreement. (3) Persistent or repeated failure to perform any other material provision of this Agreement.

Default by the Town. Unless excused by Contractor’s default or the occurrence of uncontrollable circumstances or Contractor waiver of default, each of the following shall constitute a default on the part of Town: (1) The persistent or repeated failure or refusal by Town to pay or prevent payment of any uncontested amount to the Contractor timely and properly submitted as required by this Agreement. (2) Making material misrepresentations either in the attached exhibits and documents docu- ments or in any other provisions or conditions relied upon in making this AgreementAgree- ment. (3) Persistent or repeated failure to perform any other material provision of this Agreement.