Common use of Event of Potential Default Clause in Contracts

Event of Potential Default. Trustee will, in his sole discretion, determine if an Event of Potential Default exists. Each of the following shall constitute an Event of Potential Default under this Contract: 1. If Recipient makes an assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors. 2. If at any time Recipient knowingly, negligently, or intentionally makes any representation to Trustee which is incorrect in any material respect. 3. If Recipient knowingly, negligently, or intentionally submits any request for payment to Trust which is incorrect in any material respect. 4. If Recipient knowingly, negligently, or intentionally submits any report or certification to Trust related to the Mitigation Project which is incorrect in any material respect. 5. If Recipient utilizes funds which Trustee determines represents an overpayment to Recipient or represents funds not used in strict accordance with the terms of this Contract. 6. If Recipient fails to perform the Mitigation Project described on Attachment A in any material aspect. 7. If Recipient fails to comply with the reporting and invoicing requirements under this Contract. 8. If Recipient fails to maintain the records management requirements under this Contract. 9. If Recipient fails to maintain the financial accounting requirements under this Contract. 10. If Recipient fails to maintain the insurance requirements under this Contract. 11. If Recipient fails to comply with any term or provision contained in this Contract.