Defaults With Opportunity for Cure. Should Consultant default in the performance of this Agreement in a manner stated in this section 7.4 below, same shall be considered an event of default. City shall deliver written notice of said default specifying such matter(s) in default. Consultant shall have fifteen (15) calendar days after receipt of the written notice, in accordance with Article VIII. Notice, to cure such default. If Consultant fails to cure the default within such fifteen-day cure period, City shall have the right, without further notice, to terminate this Agreement in whole or in part as City deems appropriate, and to contract with another consultant to complete the work required in this Agreement. City shall also have the right to offset the cost of said new Agreement with a new consultant against Consultant’s future or unpaid invoice(s), subject to the duty on the part of City to mitigate its losses to the extent required by law.
7.4.1 Bankruptcy or selling substantially all of company’s assets
7.4.2 Failing to perform or failing to comply with any covenant herein required
Defaults With Opportunity for Cure. Should Grantee default in the performance of this Agreement in a manner stated in this Section 10.4 below, same shall be considered an event of default. City shall deliver written notice of said default specifying such matter(s) in default. Grantee shall have fifteen (15) calendar days after receipt of the written notice, in accordance with Article XI. Notices, to cure such default. If Grantee fails to cure the default within such fifteen day cure period, City shall have the right, without further notice, to terminate this Agreement in whole or in part as City deems appropriate, and to contract with another consultant to complete the work required in this Agreement. City shall also have the right to offset the cost of said new Agreement with a new consultant against Xxxxxxx’s future or unpaid invoice(s), subject to the duty on the part of City to mitigate its losses to the extent required by law.
10.4.1 Bankruptcy or selling substantially all of company’s assets.
10.4.2 Failing to perform or failing to comply with any covenant herein required.
10.4.3 Performing unsatisfactorily as determined by the Director.
Defaults With Opportunity for Cure. Should Consultant fail, as determined by the Director, to satisfactorily perform the duties set out in Article IV, Scope of Services; or comply with any covenant herein required, such failure shall be considered an Event of Default. In such event, the City shall deliver written notice of said default, in accordance with the notice provisions contained in this Agreement, specifying the specific Events of Default and the action necessary to cure such defaults. Consultant shall have ten (10) calendar days after receipt of the written notice to cure such default. If Consultant fails to cure the default within such cure period, or take steps reasonably calculated to cure such default, City shall have the right, without further notice, to terminate this Agreement in whole or in part as City deems appropriate, and to contract with another Consultant to complete the work required by this Agreement. City shall also have the right to offset the cost of said new agreement with a new Consultant against Consultant’s future or unpaid invoice(s), subject to any statutory or legal duty, if any, on the part of City to mitigate its losses.
Defaults With Opportunity for Cure. Should Consultant default in the performance of this Agreement in a manner stated in this section 7.4 below, same shall be considered an event of default. City shall deliver written notice of said default specifying such matter(s) in default. Consultant shall have 30 calendar days after receipt of the written notice, in accordance with Article VIII. Notice, to cure such default. If Consultant fails to cure the default within such 30 day cure period, City shall have the right, without further notice, to terminate this Agreement in whole or in part as City deems appropriate, and to contract with another consultant to complete the work required in this Agreement. City shall also have the right to offset the cost of said new Agreement with a new consultant against Consultant’s future or unpaid invoice(s), subject to the duty on the part of City to mitigate its losses to the extent required by law.
7.4.1 Failure to comply with the terms and conditions stated in Article
Defaults With Opportunity for Cure. Should either Party fail, as determined by the other’s representative, to satisfactorily comply with or perform the obligations set out herein; or comply with any covenant herein required, such failure shall be considered an Event of Default. In such event, the non- defaulting Party shall deliver written notice of said default, in accordance with the notice provisions contained in the Agreement, specifying the specific Events of Default and the action necessary to cure such default. The defaulting Party shall have thirty (30) calendar days after receipt of the written notice to cure such default. If the defaulting Party fails to cure the default within such cure period, or take steps reasonably calculated to cure such default, the non-defaulting Party shall have the right, without further notice, to terminate the Agreement in whole or in part as it deems appropriate.
Defaults With Opportunity for Cure. Should Vendor fail, as determined by the District’s representative, to satisfactorily provide the goods under this AGREEMENT or comply with any covenant herein required, such failure shall be considered an Event of Default. In such event, the District shall deliver written notice of said default, in accordance with the notice provisions contained in this Agreement, specifying the specific Events of Default and the action necessary to cure such defaults. Vendor shall have ten
Defaults With Opportunity for Cure. Should Vista Com default in the performance of this Agreement in a manner, same shall be considered an event of default. City shall deliver written notice of said default specifying such matter(s) in default. Vista Com shall have thirty (30) calendar days after receipt of the written notice to cure such default. If Vista Com fails to cure the default within such thirty-day cure period, City shall have the right, without further notice, to terminate this Agreement in whole or in part as City deems appropriate, and to contract with Vista Com to complete the work required in this Agreement. City shall also have the right to offset the cost of said new Agreement with any subsequent vendor against Vista Com future or unpaid invoice(s), subject to the duty on the part of City to mitigate its losses to the extent required by law.
5.4.1 Bankruptcy or selling substantially all of company’s assets
5.4.2 Failing to perform or failing to comply with any covenant herein required
Defaults With Opportunity for Cure. Should the Permittee default in the performance of this Agreement in a manner stated below, same shall be considered an event of default. City shall deliver written notice of said default specifying such matter(s) in default. The Permittee shall have ten (10) calendar days after receipt of the written notice to cure such default. If the Permittee fails to cure the default within such ten-day cure period, City shall have the right, without further notice, to terminate this Agreement in whole or in part as City deems appropriate, and to contract with another entity to provide Dockless Vehicle services as established in this Agreement.
i. Failing to perform or failing to comply with any covenant herein required.
ii. Performing unsatisfactorily.
Defaults With Opportunity for Cure. Should the Permittee default in the performance of this Agreement in a manner stated below, same shall be considered an event of default. City shall deliver written notice of said default
Defaults With Opportunity for Cure. Should VSA default in the performance of this Agreement in a manner stated in this section, the same shall be considered an Event of Default. The City shall deliver written notice of the default, specifying in detail the matter(s) in default. VSA shall have sixty (60) calendar days after receipt of the written notice, in accordance with Article VIII Hereof, to cure the Event of Default. If VSA fails to cure the default within such sixty-day cure period, the City shall have the right, without further notice or adoption of a City ordinance, to terminate this Agreement in whole or in part as the City deems appropriate. The following actions are defaults that may be cured by VSA:
(A) performing unsatisfactorily, as evidenced by failure to make adequate progress to meet VSA’s pre-determined benchmarks for success, as outlined in the approved Business Plan;
(B) failing to perform or failing to comply with any material term or covenant herein required as determined by the City;
(C) bankruptcy or selling substantially all of VSA’s assets; and
(D) gratuitous expenditures made in hopes of securing favorable contracts.
