Default Suspension and Termination. A. Design-Builder default. When UGAA determines or has reason to believe that one or more of the following conditions of default exists, UGAA may issue a notice of pending default to Design-Builder and its Surety on Performance and Payment Bonds. A nonexclusive list of conditions of default follows:
1. Design-Builder’s disregard of its Project safety obligations;
2. Design-Builder’s failure to correct Defective Work – or to correct failures to perform in accordance with this Agreement – promptly upon becoming aware of either;
3. Design-Builder’s failure to correct Defective Work required pursuant to its warranty obligations – or to perform any other warranty-related obligations hereunder;
4. Multiple or continuing occasions of Design-Builder’s provision of Defective Work or Noncompliant Work or failure to perform in accordance with this Agreement;
5. Design-Builder’s failure to achieve progress toward Milestone Dates or consistent with the Project Schedule;
6. Design-Builder’s failure to timely pay Subcontractors (or failure to cause prompt payment of any Subcontractor of any tier);
7. Design-Builder’s failure to manage the Work or to supply the Project at all times with an adequate number of appropriately skilled workers and materials as needed to timely and competently perform the Work;
8. Design-Builder’s failure to provide and maintain required Payment and Performance Bonds and insurance coverage and to provide verifiable proof thereof, as required in this Agreement;
9. Design-Builder’s violation of, or failure to abide by, any governmental statutes, ordinances, regulations or other Laws;
10. Unlawful conduct by Design-Builder, its directors, officers, members, or employees, or its Subcontractors or Subconsultants of any tier involving or relating to the Project, the Property, the Work, or UGAA;
11. Design-Builder’s financial insolvency, its inability to provide reasonable assurances of solvency upon UGAA’s request, its inability meet its financial obligations as they mature, its making of a general assignment in favor of creditors, its subjection to appointment of a receiver, or the dissolution or downgrading of Design-Builder’s business organization;
12. Design-Builder’s failure to obtain immediate cancellation or discharge of any lien as required herein;
13. Design-Builder’s failure to timely provide, upon request, substantiation and documentary proof of costs, financial records, or its failure to timely satisfy other reporting obligations hereunder...
Default Suspension and Termination. (a) This Integration Agreement may be suspended by MSCORP, MS or COMPANY, or terminated by COMPANY, if any of the following events of default occur: (i) if Integrator fails to perform or comply with any provision of this Integration Agreement; (ii) if Integrator manufactures, installs or distributes any Microsoft software product, software code or other intellectual property which is not properly authorized under a valid license agreement with MSCORP, MS, or other Microsoft affiliate or Microsoft licensee; (iii) if Integrator becomes insolvent, enters bankruptcy, reorganization, composition or other similar proceedings under applicable laws, whether voluntary or involuntary, or admits in writing its inability to pay its debts, or makes or attempts to make an assignment for the benefit of creditors; (iv) upon suspension or termination of COMPANY’s rights under the Embedded OEM License or COMPANY's rights to engage a third party to perform services contemplated by this Integration Agreement; or (v) upon notice from MS to COMPANY that COMPANY shall cease use of Integrator.
(b) Suspension or termination resulting from default as outlined in this Section shall be effective immediately upon the giving of written notice to Integrator, except that in the case of Section 6(a)(iii), termination shall be effective upon receipt of notice or as soon thereafter as is permitted by applicable law.
(c) In addition, COMPANY may terminate this Integration Agreement without cause upon thirty (30) days’ prior written notice to Integrator.
Default Suspension and Termination. The Parties will adhere to Clause 24 of the Crude Supply Agreement with regards to all issues relating to Default by either Party under this Agreement. For purposes of the foregoing, Statoil shall be considered the “Seller” and Storage Provider shall be considered the “Buyer”.
Default Suspension and Termination a. If PNA violates or fails to keep or perform any term, provision, covenant, or any obligation of this Agreement, such failure or violation shall be a “default”. PNA shall be in “material default” under this Agreement in any of the following circumstances:
i. if PNA is in default and such default continues or has not been remedied to the City’s reasonable satisfaction within thirty (30) days after written notice has been provided to PNA, provided that if the nature of the default is such that it cannot be cured within thirty (30) days, PNA shall not be in material default if PNA commences a cure within thirty days and thereafter diligently pursues the cure to completion; or
ii. if PNA files or is the subject of a petition in bankruptcy, or if a trustee or receiver is appointed for PNA’s assets or if PNA makes an assignment for the benefit of creditors, or if PNA is adjudicated insolvent, or becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign; or
iii. if HUD determines that PNA has materially failed to comply with a federal term or condition applicable to this Agreement beyond any applicable notice and cure period.
b. If PNA is in material default under this Agreement, in addition to any other right permitted at law or equity, the City reserves the right take any other action provided for under 24 CFR 85.43, as amended or supplemented from time to time, including but not limited to termination of this Agreement, which shall result in reversion of the Property to the City under the deed by which the City conveyed the Property to PNA.
Default Suspension and Termination. 13.1 The Director General is entitled under Regulation 3A(1) of the Regulations to cancel or suspend the authorisation of persons to examine and test vehicles as Authorised Vehicle Examiners and cancel or suspend the authorisation for persons to establish Premises as AIS. This Agreement does not xxxxxx the Director General's discretion to act in accordance with Regulation 3A(1) of the Regulations.
13.2 In addition to 13.1 above and notwithstanding any other provisions of this Agreement, the Agreement may be terminated by the Director General in writing if any of the following events occur or for any of the following reasons, but is not limited to:
(a) a breach of the Agent’s obligations under the Agreement;
(b) failure to pay any of the applicable Prescribed Fees and charges;
(c) failure to be registered for GST;
(d) if for any reason whatsoever the Agent is unable or unwilling to commence or continue providing the Services;
(e) if the Agent does not promptly inform the Director General of any occurrence which may adversely affect the Agreement in a material way or the ability of the Agent to deliver the Services;
(f) if the Agent does not in providing the Services act with integrity, good faith and probity in accordance with good corporate governance practices;
(g) if the Agent attempts to sell, transfer, assign, mortgage, charge or otherwise dispose of or deal with any of its rights, entitlements and powers under this Agreement;
(h) if the Agent does not comply with all State or Commonwealth laws;
(i) if the Agent refuses upon reasonable notice to provide the Director General with access at any reasonable time and from time to time to the Agent’s Premises, financial records, other documents, equipment and other property for the purpose of audit and inspection by the Director General in order to verify compliance by the Agent with this Agreement;
(j) if the Agent does not reasonably cooperate with the Director General in the administration of this Agreement.
13.3 If the Agent breaches this Agreement and the Director General in his discretion considers it appropriate, the Director General may first send the Agent a written notice specifying the breach and calling upon the Agent to rectify the breach within ten (10) Business Days of receipt of the notice.
13.4 The Director General and Agent may terminate the Agreement by mutual agreement. If the Agreement is terminated by mutual agreement, and on the initiation of the Agent, the Agent agrees to continue to ...
Default Suspension and Termination. 16.1 We may suspend the Card Facility at any time you are in default under the Agreement, or close the Card Facility by giving written notice of termination to you of at least 10 (ten) business days before the Card Facility is to be closed.
16.2 Despite the suspension or closure of the Card Facility, any liability which you may have in respect of this Agreement and/or any Credit provided in respect thereof will not be affected by the above action, and this Agreement will remain in force to the extent necessary until you have paid all amounts lawfully due by you.
16.3 We may close, restrict, decrease or suspend access to your Card Facility if we in any way suspect or have established that your Card Facility is being used negligently or for illegal activities, or if it is to comply with a law. The closure, restriction, decrease or suspension will become effective on delivery of written notice to you.
16.4 We will have the right, when you breach any term of this Agreement, to: suspend, close and/or cancel the Card Account and Facility and demand that you repay us the full amount outstanding on the Card Account and immediately give the Card and the Additional Card(s), if applicable, back to us.
16.5 Any liability that you may have in respect of these terms and conditions of use and any facility granted to you previously will not be affected by the above action.
16.6 The full amount you owe us will immediately become due and payable if:
16.6.1 we close the Account; and/or
16.6.2 we cancel the Card/ Credit Facility; and/or
16.6.3 we demand that the Card be given back to us; and/or
16.6.4 any of these terms and conditions of use are breached; and/or
16.6.5 the estate of the Cardholder is provisionally or finally placed under curatorship, sequestration or liquidated; and/or
16.6.6 the Cardholder (in Business instances) dissolves; and/or
16.6.7 you do not or cause to be done anything that, in our reasonable opinion, affects or prejudices your ability to meet the obligations in terms of this Agreement.
Default Suspension and Termination. 39.1. Events of Default 39.2. Notice of Default 39.3. Failure to Cure Default 39.4. Future Payments 39.5. Final Accounting 39.6. Conversion of Improper Termination 39.7. Suspension 39.8. Termination for Convenience 39.9. Payment to CM/GC 39.10. Payment to Architect 39.11. Assignment. 39.12. No Affect on Other Obligations. 39.13. Termination by CM/GC or Architect. 39.14. Notice of Owner Default.
Default Suspension and Termination. A. If the Corps determines that the Mitigation Program is not meeting performance standards or complying with the terms of the Instrument, appropriate action will be taken. Such actions may include, but are not limited to: suspending Sponsor mitigation credit sales, decreasing the allocation of advance credits, adaptive management actions, suspending approval of new mitigation projects, directing funds to alternative mitigation, terminating the Instrument, or other actions as approved by the Corps.
Default Suspension and Termination. Failure to comply with any of the terms of this Grant Agreement is considered a material breach and may result in the immediate termination or suspension of this Grant Agreement and the return of monies and materials received under the Grant by the Grantee. Waiver by the Grantor of any default or breach of the terms of this Grant Agreement by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms of this Grant Agreement.
Default Suspension and Termination. If the Subcontractor neglects to prosecute the Work properly or otherwise fails to comply with the requirements of this Agreement to a substantial degree, the Contractor may give the Subcontractor Notice in Writing that the Subcontractor must correct that default within 5 business days and if the Subcontractor fails to do so the Contractor may correct the default and deduct the associated costs from any payment due to the Subcontractor, terminate the Subcontractor's right to continue with the Work in whole or in part or terminate this Agreement, take possession of the Work, utilize the Subcontractor’s equipment (subject to the rights of third parties), finish the Work by whatever method the Contractor may consider expedient, withhold further payment to the Subcontractor until a final certificate for payment is issued under the Prime Contract and charge the Subcontractor for the cost of completing the Work plus a reasonable allowance to cover the cost of corrections to the Work as may be required to meet the Subcontractor’s warranty obligations.
