DELAYS DUE TO CONTRACTOR DEFAULT Sample Clauses

DELAYS DUE TO CONTRACTOR DEFAULT. 12.1 This Clause 12 shall apply to the extent that the Contractor does not successfully Achieve a Test by the agreed date and/or Milestone by the relevant Milestone Date and such failure is not:
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DELAYS DUE TO CONTRACTOR DEFAULT. 6.1 If a Deliverable does not satisfy the Test Success Criteria and/or a Milestone is not Achieved due to the Contractor's Default, the Authority shall promptly issue a Non- conformance Report to the Contractor categorising the Test Issues as described in the Testing Procedures or setting out in detail the non-conformities of the Deliverable where no testing has taken place, including any other reasons for the relevant Milestone not being Achieved and the consequential impact on any other Milestones. The Authority will then have the options set out in clause 6.2.
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DELAYS DUE TO CONTRACTOR DEFAULT. If a Milestone is not Achieved due to the Contractor’s Default, the Authority may issue a Non–conformance Report to the Contractor setting out in detail the non–conformities of the Milestone, including the reasons for the relevant Milestone not being Achieved and the consequential impact on any other Milestones. The Authority will then have the options set out in paragraph 8.2. In the circumstances set out in paragraph 8.1, the Authority may at its discretion (without waiving any rights in relation to the other options and its other rights and remedies) choose to:
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DELAYS DUE TO CONTRACTOR DEFAULT. 10.1 If a Deliverable does not satisfy the Test Success Criteria and/or a Key Transition Event or a Milestone or a Key Milestone is not Achieved by the relevant date due to the Contractor's Default, the Authority shall promptly issue a Non-conformance Report to the Contractor categorising the Test Issues as described in the Testing Procedures or setting out in detail the non-conformities of the Deliverable where no testing has taken place, including any other reasons for the relevant Milestone, Key Transition Event or Key Milestone not being Achieved and the consequential impact on any other Key Transition Events or Milestones. The Authority will then have the options set out in Clause 10.2.
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DELAYS DUE TO CONTRACTOR DEFAULT. [Guidance: This clause sets out a process to deal with Delays that are the fault of the Contractor. The key objectives of the clause are (i) to incentivise the Contractor to meet the project timetable; and (ii) to compensate the Authority for any failure to do so in the form of Delay Payments. The clause also provides a remedial process to mitigate the effect of the Delay on future Milestones within the Implementation Plan. Delay Payments will be payable regardless of the existence of a Correction Plan. Delay Payments are to be set out in schedule 7.1 (Charges and Invoicing). Delay Payments are intended to be a way of adjusting the price to reflect late delivery but are likely to be treated by the courts as a form of liquidated damages and the following points should be considered in developing the regime: • The amount of the Delay Payments must not be excessive and unreasonable or the courts will view them as unenforceable penalties. Penalties try to "punish" the Contractor for its breach (rather than compensate the customer for its loss); • Liquidated damages should be a genuine pre-estimate, assessed and agreed by both parties, of the losses likely to be suffered by the non-breaching party. If the amounts are difficult to quantify, then a "best guess" procedure should be operated. Ideally, a record should be kept of the calculations underlying any amounts specified in the contract, or the formula used should be incorporated into the agreement; and • Whether a term is a genuine pre-estimate of loss, and not a penalty, will be decided by reference to the time the agreement was agreed and not the time of the breach.
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DELAYS DUE TO CONTRACTOR DEFAULT. 8.1 If a Deliverable does not satisfy the Test Success Criteria and/or a Milestone is not Achieved due to the Contractor's Default, the Department shall promptly issue a Non- conformance Report to the Contractor categorising the Test Issues as described in the Testing Procedures or setting out in detail the non-conformities of the Deliverable where no testing has taken place, including any other reasons the Department has for not issuing a Milestone Achievement Certificate and the consequential impact the Department believes the delay may have on any other Milestones. The Department will then have the options set out in Clause 8.2.
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DELAYS DUE TO CONTRACTOR DEFAULT. The purpose of the Delay Payments should be to provide a clear incentive to the
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Related to DELAYS DUE TO CONTRACTOR DEFAULT

  • Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • City’s Right to Terminate for Default Contractor’s failure to satisfactorily perform any obligation required by this Contract constitutes a default. Examples of default include a determination by City that Contractor has: (1) failed to deliver goods and/or perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Contract; and (3) failed to make sufficient progress in performance which may jeopardize full performance.

  • Termination for Default The County may, by written notice to the Contractor terminate this contract for default in whole or in part (delivery orders, if applicable) if the Contractor fails to:

  • Termination due to Event of Default (a) Termination due to Parties Event of Default

  • Event of Breach by Contractor Any one or more of the following Contractor acts or omissions constitute an event of material breach under this contract:  products or services furnished fail to conform to any requirement;  failure to submit any report required by this contract;  failure to perform any of the other terms and conditions of this contract, including but not limited to beginning work under this contract without prior Department approval; or  voluntary or involuntary bankruptcy or receivership.

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • CANCELLATION FOR DEFAULT a. Buyer may, by written notice to Seller, cancel all or part of this Contract: (i) if Seller fails to deliver the Goods within the time specified by this Contract or any written extension; (ii) if Seller fails to perform any other provision of this Contract or fails to make progress, so as to endanger performance of this Contract, and, in either of these two circumstances, within ten (10) days after receipt of notice from Buyer specifying the failure, does not cure the failure or provide Buyer with a written detailed plan adequate to cure the failure if such failure reasonably cannot be cured within such ten (10) days and such plan is acceptable to Buyer’s Authorized Procurement Representative; or (iii) in the event of Seller's bankruptcy, suspension of business, insolvency, appointment of a receiver for Seller's property or business, or any assignment, reorganization or arrangement by Seller for the benefit of its creditors.

  • SUSPENSION & TERMINATION FOR DEFAULT Enterprise Services may suspend Contractor’s operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Master Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Master Contract, until such obligations have been fulfilled.

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