DEFAULT/FAILURE TO PERFORM Clause Samples
DEFAULT/FAILURE TO PERFORM. The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated.
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion.
▇. ▇▇▇▇▇▇▇▇▇▇ or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
DEFAULT/FAILURE TO PERFORM the CEO shall be the sole judgement of non-performance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and /or to fulfill any portion of this Contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this Agreement, the MPA will notify the Bidder/Proposer of the default and provide the Contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the Contractor’s part to correct the default within the three (3) days shall result in the Contract being terminated and upon the MPA notifying in writing the Contractor of its intentions and the effective date of termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the SubContractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract.
B. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely to ensure timely completion.
▇. ▇▇▇▇▇▇▇▇▇▇ or refusing to remove materials or perform new work where prior work has been rejected as non- conforming with the terms of the Contract.
D. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy, or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment render the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
E. Failure to comply with any of the terms of the Contract in any material aspect. All costs and charges incurred by the MPA as a result of default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may be become due on this Contract.
DEFAULT/FAILURE TO PERFORM