Common use of Default by VENDOR Clause in Contracts

Default by VENDOR. Each of the following shall constitute an Event of Default on the part of VENDOR: a. A material failure to keep, observe, perform, meet, or comply with any covenant, term, or provision hereof, which failure continues for a period of twenty (20) days after receipt of VENDOR of written notification thereof; b. (1) Admit in writing its inability to pay its debts; (2) make a general assignment for the benefit of creditors; (3) suffer a decree or order appointing a receiver or trustee for it or substantially all of its property, and, if entered without its consent, same is not stayed or discharged within sixty (60) days of such decree or order, (4) suffer filing under any law relating to bankruptcy, insolvency, or the reorganization for relief of debtors by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) days of such filing; or (5) suffer any judgment, writ of attachment or execution, or any similar process issued or levied against a substantial part of its property that is not released, stayed, bonded, or vacated within sixty (60) days after such issuance or levy; and c. The discovery by DEPARTMENT that any statement, representation of warranty in this AGREEMENT is false, misleading, or erroneous in any material respect.

Appears in 11 contracts

Samples: Services Agreement, Services Operations Agreement, Services Operations Agreement

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Default by VENDOR. Each of the following shall constitute an Event of Default on the part of VENDOR: a. A material failure to keep, observe, perform, meet, or comply with any covenant, term, or provision hereof, which failure continues for a period of twenty (20) days after receipt of VENDOR of written notification thereof; b. (1) Admit in writing its inability to pay its debts; (2) make a general assignment for the benefit of creditors; (3) suffer a decree or order appointing a receiver or trustee for it or substantially all of its property, and, if entered without its consent, same is not stayed or discharged within sixty (60) days of such decree or order, (4) suffer filing under any law relating to bankruptcy, insolvency, or the reorganization for relief of debtors by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) days of such filing; or (5) suffer any judgment, writ of attachment or execution, or any similar process issued or levied against a substantial part of its property that is not released, stayed, bonded, or vacated within sixty (60) days after such issuance or levyxxxx; and c. The discovery by DEPARTMENT that any statement, representation of warranty in this AGREEMENT is false, misleading, or erroneous in any material respect.

Appears in 3 contracts

Samples: Services Agreement, Services Operations Agreement, Services Agreement

Default by VENDOR. Each of the following shall constitute an Event of Default on the part of VENDOR: a. A material failure to keep, observe, perform, meet, or comply with any covenant, term, or provision hereof, which failure continues for a period of twenty (20) days after receipt of VENDOR of written notification thereof; b. (1) Admit in writing its inability to pay its debts; (2) make a general assignment for the benefit of creditors; (3) suffer a decree or order appointing a receiver or trustee for it or substantially all of its property, and, if entered without its consent, same is not stayed or discharged within sixty (60) days of such decree or order, (4) suffer filing under any law relating to bankruptcy, insolvency, or the reorganization for relief of debtors by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) days of such filing; or (5) suffer any judgment, writ of attachment or execution, or any similar process issued or levied against a substantial part of its property that is not released, stayed, bonded, or vacated within sixty (60) days after such issuance or levyxxxx; and c. The discovery by DEPARTMENT that any statement, representation of warranty in this AGREEMENT is false, misleading, or erroneous in any material respect.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Default by VENDOR. Each of the following shall constitute an Event event of Default default on the part of VENDOR: a. A material failure to keep, observe, perform, meet, or comply with any covenant, term, term or provision hereof, which failure continues for a period of twenty (20) days after receipt of VENDOR of written notification thereof;. b. (1) Admit in writing its inability to pay its debts; (2) make ; c. Make a general assignment for the benefit of creditors; (3) suffer ; d. Suffer a decree or order appointing a receiver or trustee for it or substantially all of its property, and, if entered without its consent, same is not stayed or discharged within sixty (60) days of such decree or order, (4) suffer ; e. Suffer filing under any law relating to bankruptcy, insolvency, or the reorganization for relief of debtors by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) days of such filing; or (5) suffer ; f. Suffer any judgment, writ of attachment or execution, or any similar process issued or levied against a substantial part of its property that is not released, stayed, bonded, or vacated within sixty (60) days after such issuance or levy; and; c. g. The discovery by DEPARTMENT that any statement, representation of warranty in this AGREEMENT Agreement is false, misleading, or erroneous in any material respect.

Appears in 1 contract

Samples: Service Operations Agreement

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Default by VENDOR. Each of the following shall constitute an Event of Default on the part of VENDOR: a. A material failure to keep, observe, perform, . meet, or comply with any covenant, term, or provision hereof, which failure continues for a period of twenty thirty (2030) days after receipt of VENDOR of written notification thereof; b. (1I) Admit in writing its inability to pay its debts; (2) make a general assignment for the benefit of creditors; (3) suffer a decree or order appointing a receiver or trustee for it or substantially all of its property, . and, if entered without its consent, same is not stayed or discharged within sixty (60) days of such decree or order, (4) suffer filing under any law relating to bankruptcy, insolvency, or the reorganization for relief of debtors by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) days of such filing; or (5) suffer any judgment, writ of attachment or execution, or any similar process issued or levied against a substantial part of its property that is not released, stayed, bonded, or vacated within sixty (60) days after such issuance or levy; and c. The discovery by DEPARTMENT that any statement, representation of warranty in this AGREEMENT is false, . misleading, or erroneous in any material respect.

Appears in 1 contract

Samples: Services Operations Agreement

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