Common use of DEFAULT OF CONSULTANT Clause in Contracts

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

DEFAULT OF CONSULTANT. (a) a. The Consultant’s 's failure to comply with the provisions of this Contract Agreement shall constitute a material default. In the event that Consultant is in default for cause under the terms of this ContractAgreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can may terminate this Contract 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 negligence of the Consultant, it shall not be considered a default. (b) b. If the City Manager or his/her their delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this ContractAgreement, he/she it shall cause to be served upon serve the Consultant a with written notice of the default. 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, the City shall have the right, notwithstanding any other provision of this Contract Agreement, to terminate this Contract 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 ContractAgreement.

DEFAULT OF CONSULTANT. (a) a. The Consultant’s 's failure to comply with the provisions of this Contract Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this ContractAgreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Contract 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 negligence of the Consultant, it shall not be considered a default. (b) b. If the City Manager or his/his or her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this ContractAgreement, he/she it shall cause to be served upon serve the Consultant a with 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, the City shall have the right, notwithstanding any other provision of this Contract Agreement, to terminate this Contract Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this ContractAgreement.

DEFAULT OF CONSULTANT. (a) a. The Consultant’s 's failure to comply with the provisions of this Contract Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this ContractAgreement, City Client shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Contract 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 negligence of the Consultant, it shall not be considered a default. (b) b. If the City Manager Client or his/his or her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this ContractAgreement, he/she it shall cause to be served upon serve the Consultant a with 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, the City Client shall have the right, notwithstanding any other provision of this Contract Agreement, to terminate this Contract Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this ContractAgreement.

DEFAULT OF CONSULTANT. (a) Consultant’s The CONSULTANT's failure to comply with the provisions of this Contract Agreement shall constitute a default. In the event that Consultant CONSULTANT is in default for cause under the terms of this ContractAgreement, 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 Contract immediately by written notice to Consultantdefault. If such failure by Consultant the CONSULTANT to make progress in the performance of work hereunder arises out of causes beyond Consultant’s the CONSULTANT's control, and without fault or negligence of Consultantthe CONSULTANT, it shall not be considered a default. (b) If the City Manager Administrator or his/her delegate determines that Consultant the CONSULTANT is in default in the performance of any of the terms or conditions of this ContractAgreement, he/she shall cause to be served upon Consultant the CONSULTANT a written notice of the default. Consultant 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 Consultant the CONSULTANT fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Contract Agreement, to terminate this Contract Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this ContractAgreement.