DEFAULT PROVISION. In case of default by the successful firm the City may procure the products or services from other sources and hold the firm responsible for any excess cost occasioned or incurred thereby.
DEFAULT PROVISION. The Option #2 default provision is for the second meal break to take place as quickly as practical after the determination that unscheduled overtime will be required For example, Employees report to the project and commence work on a ten (10) hour shift. However, after nine and one-half (9½) hours of work has been completed it is determined that two (2) hours of unscheduled overtime will be required. In such a situation, the second meal break would take place immediately, providing this can be accomplished without any significant negative impact on the efficiency of the work being performed.
DEFAULT PROVISION. Item (a) The Activity Program contains no Low Ground Disturbance Activity. Item (b) A Survey is required. Item (c) Site Avoidance Model. Item (d) Only the areas of specific Activities described in the Activity Notice are required to be surveyed. Item (e) Not applicable (Corporation and Proponent to discuss and agree proposed Survey fieldwork start date or end date). Item (f) There is no requirement for a Preliminary Advice or a draft of the Survey Report. Part 4 Optional inclusions in Activity Notice
DEFAULT PROVISION. AUTOMATIC ROLLOVER OF AMOUNTS OVER $1,000
DEFAULT PROVISION. Borrower’s default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument.
DEFAULT PROVISION. If, prior to the date this Amendment has been executed, an ADP Test Safe Harbor notice has been given for a Plan Year for which this Amendment is effective (see Amendment Section 1.1) and such notice provides that there are no allocation conditions imposed on any matching contributions under the Plan, then (1) the Plan will be an ACP Test Safe Harbor plan, provided the ACP Test Safe Harbor requirements are met and (2) the Plan will not impose any allocation conditions on matching contributions. However, if, prior to the date this Amendment has been executed, an ADP Test Safe Harbor notice has been given for a Plan Year for which this Amendment is effective and such notice provides that there are allocation conditions imposed on any matching contributions under the Plan, then the provisions of this Amendment do not modify any such allocation conditions or provisions for that Plan Year and the Plan must satisfy the ACP Test for such Plan Year using the current year testing method. With respect to any Plan Year beginning after the date this Amendment has been executed, if the Plan uses the ADP Test Safe Harbor and provides for matching contributions, then (1) the Plan will be an ACP Test Safe Harbor plan, provided the ACP Test Safe Harbor requirements are met and (2) the Plan will not impose any allocation conditions on matching contributions.
DEFAULT PROVISION. If the Borrower shall fail to pay when due any amount on any of the Loans under this loan agreement, or on any other indebtedness of the Borrower secured hereby, or fail to observe or perform any of the provisions or representations of this loan agreement, or of any security agreement or mortgage, or shall be subject to the jurisdiction of a bankruptcy court whether by a voluntary filing or involuntary action, or shall be in default of the Note Purchase Agreement dated as of July 15, 1998, or any of the documents evidencing such Note Purchase Agreement or securing the obligation thereunder, the Borrower shall be in default. When the Borrower is in default, the Bank may declare by written notice to the Borrower that the Loans and other indebtedness are immediately due and payable. The Bank may then terminate its commitment to lend and cancel any reinstatement rights provided to the Borrower under this loan agreement, and proceed to enforce payment and exercise any or all of the rights afforded to the Bank by law or agreement. Upon demand, and as permitted by law, the Borrower shall reimburse the Bank for all attorneys' fees and costs incurred by the Bank in protecting or enforcing its rights or collateral, including reasonable attorneys' fees incurred by the Bank in a bankruptcy or receivership proceeding or in enforcing any judgment against the Borrower.
DEFAULT PROVISION. 1. Failure by either party to comply with performance or payment terms can be considered a breach and cause for termination of this agreement.
2. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of a breach of any material provision of this Agreement, the non-breaching party shall be entitled to terminate this Agreement if the breach is not cured within ten (10) days of written notice of such breach. In addition, this Agreement may be terminated at once by either party if (1) the other party is insolvent, bankrupt, gives notice of intent to cease trading or shall have a receiver or trustee appointed with respect to its assets or obligations; or (2) upon a change in the ownership of either party or upon any bulk transfer of assets. In the event of termination, each party agrees to fulfill all pre-existing obligations under this Agreement.
DEFAULT PROVISION. 4.1 Following the occurrence and during the continuance of an Event of Default, the Service Supplier may after 30 days refer any and all outstanding invoices to a third-party collection agency and/or may elect to demand repayment in full of all obligations and liabilities owing by the Client Subscriber to the Service Supplier plus accrued but unpaid interest under this Agreement and/or any other Related Agreement.
DEFAULT PROVISION. In case of default by Debtor in the payment of any payment to Creditor and in the case of a failure to keep and perform any of the covenants and agreements contained in this Secured Loan Agreement, this Secured Loan Agreement shall at once become null and void at the option of the Secured Party and the Agreement shall become due and payable and may be collected without notice, together with the accrued interest at the maximum permitted by law per annum, anything in this agreement to the contrary notwithstanding