Default of Contractor. (1) In addition to those instances specifically referred to in other Sections hereof, the Fund shall have the right to declare the Contractor in default of the whole or any part of the work if:
a. The Contractor becomes insolvent; or if
b. The Contractor makes an assignment for the benefit of creditors pursuant to the statutes of the State of New York; or if
c. A voluntary or involuntary petition in bankruptcy is filed by or against the Contractor; or if
d. A receiver or receivers are appointed to take charge of the Contractor's property or affairs; or if
e. The Contractor fails to commence work when notified to do so by the Consultant; or if
f. The Contractor shall abandon the work; or if
g. The Contractor shall refuse to proceed with the Work or extra Work when and as directed by the Consultant or Fund; or if
h. The Contractor shall without just cause reduce its working force to a number which, if maintained, would be insufficient, in the opinion of the Fund, to complete the work in accordance with the approved time progress schedule, and shall fail or refuse to sufficiently increase such working force when ordered to do so by the Consultant; or if
i. The Contractor shall sublet, assign, transfer convey, or otherwise dispose of the Contract other than as herein specified; or if
j. The Fund shall be of the opinion that the Contractor is or has been unnecessarily or unreasonably or willfully delaying the performance and completion of the work, or the award of necessary subcontracts, or the placing of necessary material and equipment orders; or if
k. The Fund shall be of the opinion that the work cannot be completed within the time herein provided therefor or within the time to which such completion may have been extended; provided, however, that the impossibility of timely completion is, in the Fund's opinion, attributable to conditions within the Contractor's control; or if
l. The work is not completed within the time herein provided therefor or within the time to which the Contractor may be entitled to have such completion extended; or if
m. The Fund shall be of the opinion that the Contractor is or has been willfully or in bad faith violating any of the provisions of this Contract;
n. The Fund shall be of the opinion that the Contractor is not or has not been executing the Contract in good faith and in accordance with its terms; or if
o. At any time during the period of the Agreement, insurance as required is not in effect or proof thereof is not provid...
Default of Contractor. The term “Contractor Event of Default” shall mean the occurrence of any one or more of the following events or conditions:
Default of Contractor. The Professional shall be compensated as an Additional Service for its preparation of Bidding Documents and review of Work completed and/or yet to be done upon the default of the Contractor(s) and the services made necessary by major defects or deficiencies in the Work of the Contractor(s).
Default of Contractor. (a) The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Contractor 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 Contractor a written notice of the default. The Contractor 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 Contractor fails to cure its default within such period of time, the 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 Contractor. If the Contractor or any sub-contractor defaults in the performance or observance of the requirements of this clause 6, the Superintendent may direct the Contractor to rectify the default within a reasonable period. If the Contractor or any sub-contractor refuses or declines to rectify the default, then the Superintendent may suspend the work relative to the default until the default is rectified and the Contractor shall be responsible for all costs arising out of or in consequence of the default and the suspension.
Default of Contractor. In the case of default by NONPROFIT in providing any service, or in performing this Restated Agreement, the CITY may, in addition to all other remedies it may have, including but not limited to termination of the Restated Agreement and/or filing of a suit at law or equity, obtain such services from other sources and deduct the cost thereof from any costs due or thereafter owing to NONPROFIT relating to such items or to otherwise claim and collect such costs.
Default of Contractor. (a) If the contractor enters into voluntary or involuntary bankruptcy, liquidation or dissolution or becomes insolvent, or makes an arrangement with, or assignment in favor of, his creditors, or agrees to execute the contract under a committee of inspection of his creditors, or if a receiver, administrator, trustee or liquidator appointed over any substantial part of his assets, or if, under any law or regulations relating to reorganization, arrangement or readjustment of debts, proceedings are commenced against the contractor or resolution passed in connection with dissolution or liquidation or if any steps are taken to enforce any security interest over a substantial part of the contractor’s assets, or if any act is done, or event occurs with respect to the contractor or his assets which, under any applicable law has a substantially similar effect to any of the foregoing acts or events, or if the contractor has contravened the sub clause regarding assignment and subletting or has an execution levied on his goods, If the employer comes to an conclusion that the contractor:
Default of Contractor. Co instant indifference to the instructions of the Executive Engineer on the part of the contractor will render the contractor liable to action under clause 3 of I.D. form No,- 111 of contract.
Default of Contractor. Where the University has determined the contractor to be in default, the University reserves the right to purchase services covered by this contract on the open market and to charge the contractor with cost in excess of the contract price. Until such assessed charges have been paid, no subsequent bid from defaulting contractor will be considered.
Default of Contractor. This Section is independent, notwithstanding any other provisions of this Contract. Except as provided in the last paragraph of this Section 610, the Contractor may be held in default of the Contract in the event that the Contractor:
1. Is unable to accept Organic Waste, for more than a 48 hour period for processing at the primary or back-up Processing Facility or alternate facility approved by the City;
2. Fails to comply with the terms of any of the Sections in Chapter E (Section 400 – Section 460);
3. Fails to furnish and maintain a Performance and Payment Bond per Section 700;
4. Fails to furnish and maintain the Insurance Requirements per Section 720; or
5. Repeatedly neglects, fails, or refuses to comply with any material term of the Contract, after having received written notice of its obligation to do so. To initiate proceedings under this Section, the City shall give notice to the Contractor and its surety of the location, time, and date within the following seven calendar days of a meeting with the Director of Seattle Public Utilities at which the Contractor may show cause why it should not be declared in default or why it should be given the opportunity to cure said default. In the event the Contractor fails to show, to the reasonable satisfaction of the Director, why the Contractor should not be declared to be in default of this Contract, the Director may make a declaration of default. In evaluating whether to make such a declaration of default, the Director shall, in his/her discretion, consider the severity of the alleged violations, and the overall performance of the Contractor under the Contract. In declaring the Contractor to have defaulted on the Contract, the Director also may order the Contractor to discontinue further performance of work under the Contract, transfer the obligation to perform such work from the Contractor to the surety on the Contractor's Performance and Payment Bond, and take any other action the Director deems advisable. Upon receipt of a notice that the work has been transferred to the surety without termination of the Contract, the surety shall take possession of all materials and equipment thereof, for the purpose of completing the work under the Contract; employ, by contract or otherwise, any person and all persons needed to perform the work; and provide materials and equipment required thereof. Such employment shall not relieve the surety of its obligations under the Contract and the Bond. If there is a transfer ...
