DELAYS DUE TO CONTRACTOR DEFAULT Sample Clauses

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. 8.2 The Department may at its discretion (without waiving any rights in relation to the other options) choose to: 8.2.1 issue a Milestone Achievement Certificate conditional on the remediation of the Test Issues, or the non-conformities of the Deliverable where no testing has taken place, in accordance with an agreed Correction Plan; and/or 8.2.2 in respect of a failure to Achieve the Secondary ATP Milestone Date or the CPP due to the Contractor's Default, without prejudice to any right or remedy pursuant to this Agreement or otherwise at law, terminate this Agreement forthwith by giving notice in writing in accordance with Clause 44.1.5(e)(i). 8.3 If the Contractor fails to Achieve the Primary ATP Milestone Date due to the Contractor's Default or this Agreement is terminated as a result of the Contractor's Default in the circumstances set out in Clause 8.2.2: 8.3.1 the Department shall be entitled to take whatever action is reasonable (including extending the provision of services under the Previous Agreement) to ensure the continued provision of administration services to the TPS, both at the current time and in the future; and 8.4 Where the Department issues a conditional Milestone Achievement Certificate as specified in Clause 8.2.1, it can choose (but does not have to) to revise the failed Milestone Date and any subsequent Milestone Date. 8.5 Any Correction Plan shall be agreed before the issue of a conditional Milestone Achievement Certificate unless the Department is willing to agree otherwise. In the latter case the Contractor shall submit a Correction Plan for approval by the Department within ten (10) Working Days of receipt of the Non-conformance Report.
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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. 10.2 The Authority may at its discretion (without waiving any rights in relation to the other options ) choose to: 10.2.1 issue a Milestone Achievement Certificate conditional on the remediation by the Contractor of the Test Issues, or the non-conformities of the Deliverable where no testing has taken place, in accordance with an agreed Correction Plan; and/or 10.2.2 if in respect of a Key Transition Event or a Key Milestone the Test Issue is a Material Test Issue, refuse to issue a conditional Milestone Achievement Certificate as specified in Clause 10.2.1 and escalate the matter in accordance with the Dispute Resolution; and/or 10.2.3 require the payment of Delay Payments, which shall be payable by the Contractor on demand, where Schedule 3 (Transition) or Schedule 17 (Pricing) or a Statement of Work identifies that Delay Payments are payable in respect of the relevant Milestone, Key Transition Event or Key Milestone. 10.3 Where Schedule 3 (Transition) or Schedule 17 (Pricing) or a Statement of Work does not identify the payment of Delay Payments in respect of a Key Transition Event or a Milestone or a Key Milestone the Authority reserves its rights. Otherwise Delay Payments are provided as the primary remedy for the Contractor's failure to Achieve the relevant Milestone Date, Key Transition Event or the Key Milestone Date and it shall be the Authority's exclusive financial remedy except where: 10.3.1 the Authority is otherwise entitled to or does terminate this Agreement for the Contractor's Default; or 10.3.2 the Contractor has failed to Achieve a Key Milestone by its applicable Failure Date. 10.4 Where the Authority issues a conditional Milestone Achievement Certificate as specified in Clause 10.2.1, it can choose (but does not have to) to revise the failed Planne...
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DELAYS DUE TO CONTRACTOR DEFAULT. 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. 1If 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. The purpose of the Delay Payments should be to provide a clear incentive to the
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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:
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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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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.

  • Liability for Default 11.1 The Parties agree and acknowledge that if any Party (“Defaulting Party”) breaches any provision of this Agreement, or fails to perform any obligation under this Agreement, it shall constitute a default under this Agreement (“Default”) and the non-defaulting Party shall be entitled to request the Defaulting Party to cure such Default or take remedies within a reasonable time period. If the Defaulting Party fails to cure such Default or take remedies within such reasonable time period or within ten (10) days after the non-Defaulting Party notifies the Defaulting Party in writing and requests it to cure such Default, then the non-defaulting Party is entitled to decide at its discretion: 11.1.1 If Party B is the Defaulting Party, Party A shall be entitled to terminate this Agreement and request the Defaulting Party to indemnify it against all the damages, or to request the Defaulting Party to continue to perform its obligations under this Agreement and to request the Defaulting Party to indemnify it for all the damages; 11.1.2 If Party A is the Defaulting Party, Party B shall be entitled to request the Defaulting Party to indemnify it for all the damages, unless otherwise stipulated by the Laws, the non-defaulting Party shall not be entitled to terminate or cancel this Agreement under any circumstances. 11.2 Notwithstanding any other provisions of this Agreement, the validity of this Section 11 shall not be affected by any suspension or termination of this Agreement.

  • Termination for Default The Commonwealth may terminate this Agreement by notice where it reasonably believes the Grantee: (a) has breached this Agreement; or (b) has provided false or misleading statements in their application for the Grant; or (c) has become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.

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

  • CANCELLATION FOR DEFAULT In the event Contractor is in default of any of its obligations under the Contract, Con Edison shall have the right, on written notice to Contractor and any sureties, to cancel the Contract for default. Contractor shall be deemed to be in default hereunder if it is in default of any of its obligations under the Contract or makes any statement or performs any act indicating that it will not perform one or more of such obligations (whether or not the time has yet arrived for performance thereof) or rejects the Contract under the United States Bankruptcy Code or ceases to pay its debts promptly or becomes insolvent or commences or has commenced against it any insolvency proceeding or finds its affairs placed in the hands of a receiver, trustee, or assignee for the benefit of creditors. In the event of cancellation for default hereunder, Article 33 (Termination for Convenience), shall not apply, and Con Edison shall have all rights and remedies provided by law and the Contract. Without intending to limit the generality of the foregoing, it is specifically understood and agreed that Con Xxxxxx shall have the right, at its election and without prejudice to any other remedies, (i) to exclude Contractor from the construction site, or any portion of the construction site, (ii) to complete or employ a third party to complete the Work or any portion of the Work, and hold Contractor liable for any additional cost occasioned thereby, (iii) to take possession of any or all materials, tools, equipment and appliances at the construction site for the purpose of completing the Work or any portion of the Work, (iv) to compel Contractor to assign any or all subcontracts with Subcontractors to Con Edison without additional cost or expense to Con Edison, and/or (v) to negotiate new contractual arrangements with Subcontractors for such Subcontractors to complete all or any portion of the work on terms agreeable to Con Edison. Upon Con Xxxxxx's request, Contractor shall promptly provide Con Xxxxxx with Contractor's sworn statement stating, for each subcontract with each Subcontractor (i) the original price of the subcontract and the price of each change order thereunder together with a description of each such change order, (ii) the amount that Contractor paid under the subcontract and each change order thereunder, and (iii) the amount of retention held by Contractor under the subcontract and each change order thereunder. Following cancellation of the Contract for default, Contractor shall not be entitled to any further payment until the work has been fully completed and accepted, and Con Edison may retain from any money otherwise due Contractor for services rendered prior to cancellation an amount which Con Edison determines is adequate to cover all damage resulting from Contractor's default. If such costs and damages exceed the unpaid balance, Contractor shall pay the difference to Con Xxxxxx. Upon cancellation for default of the Contract under this Article, Con Edison shall be entitled to cancel for default any or all other contracts between the Contractor and Con Edison, and such cancellation shall be governed by this Article. Also, a cancellation for default of any other contract between Contractor and Con Edison shall entitle Con Edison to cancel for default the Contract under this Article. In the event that Contractor demonstrates that a cancellation of the Contract and any other contract cancelled for default is erroneous, the cancellation shall, at Con Edison's option, be withdrawn or be deemed to have been issued as a termination for convenience pursuant to Article 33, and the rights and obligations of the parties hereto shall in such event be governed accordingly.

  • 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.

  • Notification of Event of Default Borrower shall notify Agent immediately of the occurrence of any Event of Default.

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement: (a) Contractor fails or refuses to perform or observe any term, covenant or condition contained in any of the following Sections of this Agreement:

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