Default of Contract. The Contractor may be declared in default and the contract terminated if Contractor:
(a) fails to begin the work under the Contract within 10 calendar days of the date of the Notice to Proceed except as otherwise permitted by specific contract language or the provisions of Section 108.02, or (b) fails to perform the work with sufficient workers and equipment or with sufficient materials to ensure prompt completion of the work, or
(c) performs the work unsuitably or neglects or refuses to remove materials or perform anew work that is unacceptable, or
(d) discontinues prosecution of the work, or
(e) fails to resume work that has been discontinued within a reasonable time after notice to do so, or
(f) becomes insolvent, is declared bankrupt, or commits any act of bankruptcy or insolvency
(g) allows any final judgment to stand against him unsatisfied for a period of 10 days, or
(h) makes an assignment for the benefit of creditors, or
(i) fails for any other cause whatsoever to carry on the work or contractual obligations in an acceptable manner.
(j) fails to complete preconstruction requirements within thirty calendar days of the date of execution of the County – Contractor Agreement as required by the provisions of Section 105.1. If any one or more of these conditions exists, the Engineer will give notice in writing to the Contractor and his surety of the delay, neglect, or default. If within 10 days after the date of such notice the Contractor or his surety has not taken measures that will, in the judgment of the Engineer, ensure satisfactory progress of the work or give assurances satisfactory to the Engineer that the provisions of the Contract will be fully carried out and instructions complied with, the County may then, or at any time thereafter, declare the Contractor in default. Without violating the Contract, the County may call upon the Contractor’s surety for the satisfactory and expeditious completion of all work under the Contract or may otherwise terminate the Contract in accordance with the provisions of Section 108.08. If the Contractor’s surety fails or refuses to proceed with the work in accordance with the instructions of the surety documents, the County will appropriate and use any or all materials and equipment on the project site that are suitable and acceptable and will enter into an agreement with others for the completion of the work, or he will use such other methods as he deems necessary to ensure the completion of the work. Costs and...
Default of Contract. When, in the opinion of the Engineer, the project or any part thereof has been abandoned, or the Contractor is willfully violating any of the covenants of this Contract, then the Engineer may declare the Contractor in default of the Contract and notify him to discontinue the project. The Engineer may then call on the Surety to complete the project.
Default of Contract. Resident is in violation of this Contract, and it shall be an “Event of Default” hereunder if:
a) Resident fails to pay Monthly Installments on the due date thereof and as otherwise directed by this Contract;
b) Resident fails to pay any charge other than Monthly Installments within ten (10) days after it is due in accordance with this Contract;
c) Resident or Resident’s guest(s) violate this Contract or any addenda, the Rules and Regulations, any other rules, any applicable landlord-tenant law, or fire, health or criminal laws, regardless of whether arrest or conviction occurs;
d) Any utilities payable by Resident or other residents of the Unit are disconnected or shut-off due to non- payment;
e) Resident fails to move into the Bedroom after completion of all required documentation, or Resident abandons or apparently abandons the Bedroom (that is, it appears that Resident has moved out before the end of the Contract Term because Resident’s personal belongings have been substantially moved out of the Bedroom);
f) Any information provided to Landlord (including, without limitation, information in Resident’s Contract application) by Resident or Guarantor is false, inaccurate or misleading;
g) Resident or Guarantor files in any court pursuant to any statute, whether of the United States or of any state, a petition in bankruptcy or insolvency, or a petition is filed for the appointment of a receiver or trustee of all or a portion of the property of Resident or Guarantor, or there is an assignment by the Resident or Guarantor for benefit of creditors;
h) Resident or Resident’s guest(s) is charged with or reasonably suspected of a felony offense involving actual or potential physical harm to a person, or a felony or misdemeanor offense involving possession, manufacture, delivery or sale of a controlled substance, marijuana, or illegal drug paraphernalia. or theft, burglary, pornography, physical assault, indecent exposure, sexual molestation and /or any unlawful conduct involving a minor, regardless of whether such activity results in an arrest, conviction and/or deferred adjudication, and regardless of whether such conduct occurred on or off the grounds of the Facility;
i) Resident is charged with or reasonably suspected of a crime involving sexual misconduct of any kind, regardless of whether or not the alleged conduct occurred on or off the grounds of the Facility, and regardless of whether the alleged conduct results in an arrest or conviction, or is found t...
Default of Contract. Notwithstanding anything in Section 18 of the Contract to the contrary, Resident shall be in violation of the Contract, and it shall be an “Event of Default” if Resident keeps any unlawfully-owned handgun, firearm or weapon of any type, or any explosive, flammable, or any extra hazardous substance or device, or any article or thing of a dangerous nature in any part of the Facility, including without limitation, the Bedroom and the Unit.
Default of Contract. In case of default by the bidder, the City may procure the items from other sources and hold the bidder responsible for any excess costs occasioned or incurred thereby.
Default of Contract. Contractor’s breach of contract or failure to comply with the Work Schedule may lead to default of contract. If DNR determines that the contract is in default, it may exercise its right to terminate the contract, with forfeiture of performance security, and/or make a claim for damages. Contractor and workers shall be familiar with the Washington State Forest Fire Protection Requirements and adhere to them. These requirements are found in:
Default of Contract. The Department of Transportation shall have the right to declare a default of contract for breach by the Contractor of any material term or condition of the contract. Default of contract shall be in accordance with the terms, conditions, and procedures of Article 108-9 of the Standard Specifications.
Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR:
18.2.1. The abandonment of the Property by CONTRACTOR for a period of more than seven (7) business days.
Default of Contract. A. To the extent permitted by law, the Authority may cancel this Agreement, except as otherwise provided below in this section, by giving Contractor thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events:
1. Contractor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
2. By order or decree of a Court, Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and become null, void and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for a period of sixty
Default of Contract. In case of default by Thermal, CCMP may procure the product(s) or service(s) from other sources and hold Thermal responsible for any excess cost occasioned thereby. See Exhibit A for additional terms and conditions setting forth the expectation of the parties with respect to this business arrangement.
