Common use of DEFAULT OF CONSULTANT Clause in Contracts

DEFAULT OF CONSULTANT. A. The CONSULTANT's failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, DISTRICT shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. If the DISTRICT General Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT with a written plan for the cure of the default, the DISTRICT shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

DEFAULT OF CONSULTANT. A. (a) The CONSULTANT's failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this Agreement, DISTRICT shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. (b) If the DISTRICT General Manager or his/her designee delegate determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that If the CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT with a written plan for the cure of the defaulttime, the DISTRICT shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

DEFAULT OF CONSULTANT. A. (a) The CONSULTANT's ’s failure to comply with the provisions of this Agreement AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AgreementAGREEMENT, DISTRICT shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond the CONSULTANT's ’s control, and without fault or of negligence of the CONSULTANT, it shall not be considered a default. B. If (b) As an alternative to the DISTRICT General procedure for immediate termination for default set forth in subparagraph (a), if the District Manager or his/her designee delegate determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AgreementAGREEMENT, he/she shall may in his/her discretion cause to be served upon the CONSULTANT a written notice of the defaultdefault and demand to cure. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT with a written plan for the cure of the defaulttime, the DISTRICT shall have the right, notwithstanding any other provision of this AgreementAGREEMENT, to terminate this Agreement AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AgreementAGREEMENT.

DEFAULT OF CONSULTANT. A. The CONSULTANT's failure to comply with the provisions of this Agreement AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AgreementAGREEMENT, DISTRICT AGENCY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. If the DISTRICT General Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AgreementAGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT AGENCY with a written plan for the cure of the default, the DISTRICT AGENCY shall have the right, notwithstanding any other provision of this AgreementAGREEMENT, to terminate this Agreement AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AgreementAGREEMENT.

DEFAULT OF CONSULTANT. A. The CONSULTANT's failure to comply with the provisions of this Agreement AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AgreementAGREEMENT, DISTRICT CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. If the DISTRICT General City Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AgreementAGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT CITY with a written plan for the cure of the default, the DISTRICT CITY shall have the right, notwithstanding any other provision of this AgreementAGREEMENT, to terminate this Agreement AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AgreementAGREEMENT.

DEFAULT OF CONSULTANT. A. The CONSULTANT's (a) Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that CONSULTANT Consultant is in default for cause under the terms of this Agreement, DISTRICT City shall have no obligation or duty to continue compensating CONSULTANT Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CONSULTANTConsultant following notice of default and an opportunity to cure, as set forth in subsection (b) of this Section. If such failure by the CONSULTANT Consultant to make progress in the performance of work hereunder arises out of causes beyond the CONSULTANT's Consultant’s control, and without fault or negligence of the CONSULTANTConsultant, then it shall not be considered a default. B. (b) If the DISTRICT General Manager City Manager, or his/her designee delegate, determines that the CONSULTANT Consultant is in default in the performance of any of the terms or conditions of this Agreement, then he/she shall cause to be served upon the CONSULTANT Consultant a written notice of the default. The CONSULTANT Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT Consultant fails to cure its default within such period of time or fails to present the DISTRICT with a written plan for the cure of the defaulttime, the DISTRICT City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

DEFAULT OF CONSULTANT. A. The (a) CONSULTANT's failure to comply with the provisions of this Agreement AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AgreementAGREEMENT, DISTRICT CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. If (b) As an alternative to the DISTRICT General Manager or his/her designee procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AgreementAGREEMENT, he/she shall CITY may in its discretion cause to be served upon the CONSULTANT a written notice of the defaultdefault and demand to cure. The CONSULTANT shall have ten (10) calendar days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT with a written plan for the cure of the defaulttime, the DISTRICT CITY shall have the right, notwithstanding any other provision of this AgreementAGREEMENT, to terminate this Agreement AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity equity, or under this AgreementAGREEMENT.

DEFAULT OF CONSULTANT. A. The (a) CONSULTANT's failure to comply with the provisions of this Agreement AGREEMENT shall constitute a default. In the event that If CONSULTANT is in default for cause under the terms of this AgreementAGREEMENT, DISTRICT CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. If (b) As an alternative to the DISTRICT General Manager or his/her designee procedure for immediate termination for default set forth in subparagraph (a), if CITY determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AgreementAGREEMENT, he/she shall CITY may in its discretion cause to be served upon the CONSULTANT a written notice of the defaultdefault and demand to cure. The CONSULTANT shall have ten (10) calendar days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the If CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT with a written plan for the cure of the defaultperiod, the DISTRICT CITY shall have the right, notwithstanding any other provision of this AgreementAGREEMENT, to terminate this Agreement AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity equity, or under this AgreementAGREEMENT.

DEFAULT OF CONSULTANT. A. The CONSULTANT's failure to comply with the provisions of this Agreement AGREEMENT shall constitute a default. In the event that CONSULTANT is in default for cause under the terms of this AgreementAGREEMENT, DISTRICT CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and can terminate this Agreement AGREEMENT immediately by written notice to the CONSULTANT. If such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CONSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. If the DISTRICT General CITY Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AgreementAGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the CONSULTANT fails to cure its default within such period of time or fails to present the DISTRICT CITY with a written plan for the cure of the default, the DISTRICT CITY shall have the right, notwithstanding any other provision of this AgreementAGREEMENT, to terminate this Agreement AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AgreementAGREEMENT.