Common use of Default Provisions Clause in Contracts

Default Provisions. Grantee will be in default under this Funding Agreement if any of the following occur: A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee’s obligations. B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding. C. Failure to operate or maintain the Project in accordance with this Funding Agreement. D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. Failure to submit timely progress reports. F. Failure to routinely invoice State. G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do any of the following: A. Declare the funding disbursed be immediately repaid. B. Terminate any obligation to make future payments to Grantee. C. Terminate the Funding Agreement. D. Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Xxxxxxx agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 3 contracts

Samples: Subaward Agreement, Funding Agreement, Funding Agreement

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Default Provisions. Grantee Funding Recipient will be in default under this Funding Agreement if any of the following occur: A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee Funding Recipient and State evidencing or securing GranteeFunding Recipient’s obligations.; B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding.; C. Failure to operate or maintain the Project in accordance with this Funding Agreement. D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. Failure to submit timely progress reports. F. Failure to routinely invoice State. G. Failure to meet any of the requirements set forth in Paragraph 128, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee Funding Recipient and shall give Grantee Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeFunding Recipient. If the Grantee Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following: A. a. Declare the funding disbursed be immediately repaidrepaid at the time of the default. B. Terminate any obligation to make future payments to Grantee. C. b. Terminate the Funding Agreement. D. c. Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Xxxxxxx Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 3 contracts

Samples: Funding Agreement, Funding Agreement, Funding Agreement

Default Provisions. Grantee Funding Recipient will be in default under this Funding Agreement if any of the following occur: A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee Funding Recipient and State evidencing or securing GranteeFunding Recipient’s obligations. B. Making any false warranty, representation, or statement with respect to this Funding Agreement, Agreement or the application, or any documents application filed to obtain grant fundingthis Funding Agreement. C. Failure to provide public benefits or approved equivalent public benefits. D. Failure to operate or maintain the Project project in accordance with this Funding Agreement. D. E. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. F. Failure to submit timely progress reports. F. G. Failure to routinely invoice State. G. H. Failure to meet any of the requirements set forth in Paragraph 12, “8 (Continuing Eligibility.” ). Should an event of default occur, State shall provide a notice of default to the Grantee Funding Recipient and shall give Grantee Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeFunding Recipient. If the Grantee Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following: A. I. Declare the funding disbursed be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. B. J. Terminate any obligation to make future payments to GranteeFunding Recipient. C. K. Terminate the Funding Agreement. D. L. Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Xxxxxxx Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement

Default Provisions. Grantee will be in default under this Funding Agreement if any of the following occur: A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee’s obligations. B. Making any false warranty, representation, or statement with respect to this Funding Agreement, the application, or any documents filed to obtain grant funding. C. Failure to operate or maintain the Project in accordance with this Funding Agreement. D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. Failure to submit timely progress reports. F. Failure to routinely invoice State. G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do any of the following: A. Declare the funding disbursed be immediately repaid. B. Terminate any obligation to make future payments to Grantee. C. Terminate the Funding Agreement. D. Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Xxxxxxx Grantee agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Samples: Funding Agreement

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Default Provisions. Grantee Funding Recipient will be in default under this Funding Agreement if any of the following occur: A. : Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Grantee Funding Recipient and State evidencing or securing GranteeFunding Recipient’s obligations. B. ; Making any false warranty, representation, or statement with respect to this Funding Agreement, Agreement or the application, or any documents application filed to obtain grant funding. C. this Funding Agreement; Failure to operate or maintain the Project project in accordance with this Funding Agreement. D. . Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. . Failure to submit timely progress reports. F. . Failure to routinely invoice State. G. . Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Grantee Funding Recipient and shall give Grantee Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeFunding Recipient. If the Grantee Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following: A. : Declare the funding disbursed be immediately repaid. B. , with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. Terminate any obligation to make future payments to Grantee. C. Funding Recipient. Terminate the Funding Agreement. D. . Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Xxxxxxx Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Samples: Funding Agreement

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