Common use of Events of Default and Remedies of Village Clause in Contracts

Events of Default and Remedies of Village. a) If a Breach occurs under Section 10.1 of this Agreement, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies: 1) The Village may terminate this Agreement immediately, upon notice to the Contractor. Subject to the provisions of subparagraph (5) below, upon such termination, the Contractor shall cease providing all services under this Agreement. 2) The Village may seek and recover from the Contractor any unpaid amounts due the Village along with all of its substantiated costs for the failure of the Contractor to perform any obligation under this Agreement, and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay, or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Agreement, and whether incidental, consequential, indirect, or punitive, resulting from the Breach. 3) The Village may (A) call upon the sureties to perform their obligations under the performance bond, or (B) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new agreement for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services. 4) The Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the State as it may deem best, including any suit, action, or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law. 5) Unless the Agreement is immediately terminated by the Village and the Contractor is directed to cease providing all services under this Agreement, the Contractor will, upon any such termination of this Agreement, for a period to be determined by the Village in its sole and absolute discretion, but not longer than six (6) months, continue to perform the contractual services during which period the businesses shall pay the Contractor its scheduled compensation.

Events of Default and Remedies of Village. a) If a Breach occurs under Section 10.1 of this AgreementSection, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies: 1a) The Village may declare an Event of Default and may then terminate this Agreement immediatelyContract if such default or breach is not cured or substantially cured by Groot within twenty (20) days, upon notice to the Contractor. Subject Groot and, subject to the provisions of subparagraph (5) below, upon such termination, the Contractor termination Groot shall cease providing all services under this AgreementContract. 2b) The Village may seek and recover from the Contractor Groot any unpaid amounts due the Village along with and all of its the Village’s substantiated costs for the failure of the Contractor Groot to perform any obligation under this AgreementContract, and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay, or otherwiseas amended, arising out of the performance or non-performance by the Contractor Groot of its obligations under this Agreement, and whether incidental, consequential, indirect, or punitive, resulting from the Breachhereunder. 3c) The Village may (A) either call upon the sureties to perform their obligations under the performance bondPerformance Bond or, or (B) in the alternative, after releasing the sureties from their obligations under the performance bondPerformance Bond, take over and perform the required services by its own devices, or may enter into a new agreement contract for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services. 4d) The Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the State as it may deem best, including any suit, action, action or special proceeding in equity or at law for the specific performance of any covenant or agreement Contract contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law. 5e) Unless the Agreement is immediately terminated by the Village and the Contractor is directed to cease providing all services under this Agreement, the Contractor will, upon Upon any such termination of this AgreementContract, Groot shall for a period to be determined requested by the Village in its sole and absolute discretionVillage, but not longer than six (6) months, continue to perform the contractual services during which period the businesses residents shall continue to pay the Contractor Groot its scheduled compensation. f) No remedy by the terms of this Contract conferred upon or reserved to the Village is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Village. No delay or omission to exercise any right or power accruing upon any event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereto.

Events of Default and Remedies of Village. a) If a Breach occurs under Section 10.1 of this Agreement, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies: 1) The Village may terminate this Agreement immediately, upon notice to the Contractor. Subject to the provisions of subparagraph (5) below, upon such termination, the Contractor shall cease providing all services under this Agreement. 2) The Village may seek and recover from the Contractor any unpaid amounts due the Village along with all of its substantiated costs for the failure of the Contractor to perform any obligation under this Agreement, and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Agreement, and whether incidental, consequential, indirect, indirect or punitive, resulting from the Breach. 3) The Village may (A) call upon the sureties to perform their obligations under the performance bond, or (B) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new agreement for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services. 4) The Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the State as it may deem best, including any suit, action, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law. 5) Unless the Agreement is immediately terminated by the Village and the Contractor is directed to cease providing all services under this Agreement, the Contractor will, upon Upon any such termination of this Agreement, the Contractor shall, for a period to be determined by the Village in its sole and absolute discretion, but not longer than six (6) months, continue to perform the contractual services during which period the businesses shall pay the Contractor its scheduled compensation.

Events of Default and Remedies of Village. a) If a Breach occurs under Section 10.1 of this Agreement, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies: 1(i) The Village may terminate this Agreement immediately, upon notice to the Contractor. Subject to the provisions of subparagraph (5v) below, upon such termination, the Contractor shall cease providing all services under this Agreement. 2(ii) The Village may seek and recover from the Contractor any unpaid amounts due the Village along with all of its substantiated costs for the failure of the Contractor to perform any obligation under this Agreement, and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Agreement, and whether incidental, consequential, indirect, indirect or punitive, resulting from the Breach. In the Event of Default by the Contractor and notwithstanding that Contractor receives payment from Residential Customers, any costs incurred by the Village in obtaining alternative Residential Service shall be deemed damages suffered by the Village. 3(iii) The Village may (A) call upon the sureties to perform their obligations under the performance bond, or (B) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new agreement for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services. 4(iv) The Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the or State law as it may deem best, including any suit, action, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law. 5(v) Unless the Agreement is immediately terminated by the Village and the Contractor is directed to cease providing all services under this Agreement, the Contractor will, upon Upon any such termination of this Agreement, the Contractor shall, for a period to be determined by the Village in its sole and absolute discretion, but not longer than six (6) months, continue to perform the contractual services during which period the businesses shall pay the Contractor its scheduled compensation.

Events of Default and Remedies of Village. a) If a Breach occurs under Section 10.1 of this Agreement, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies: 1(i) The Village may terminate this Agreement immediately, upon notice to the Contractor. Subject to the provisions of subparagraph (5v) below, upon such termination, the Contractor shall cease providing all services under this Agreement. 2(ii) The Village may seek and recover from the Contractor any unpaid amounts due the Village along with all of its substantiated costs for the failure of the Contractor to perform any obligation under this Agreement, and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Agreement, and whether incidental, consequential, indirect, indirect or punitive, resulting from the Breach. In the Event of Default by the Contractor and notwithstanding that Contractor receives payment from Residential Customers, any costs incurred by the Village in obtaining alternative Residential Service shall be deemed damages suffered by the Village. 3(iii) The Village may (A) call upon the sureties to perform their obligations under the performance bond, or (B) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new agreement for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services. 4(iv) The Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the or State law as it may deem best, including any suit, action, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law. 5(v) Unless the Agreement is immediately terminated by the Village and the Contractor is directed to cease providing all services under this Agreement, the Contractor will, upon Upon any such termination of this Agreement, the Contractor shall, for a period to be determined by the Village in its sole and absolute discretion, but not longer than six (6) months, continue to perform the contractual services during which period the businesses shall pay the Contractor its scheduled compensation. b) No remedy by the terms of this Agreement conferred upon or reserved to the Village is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Village. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereto. c) If the Contractor misses a collection under the Residential Service, the collection must be corrected within 24 hours of the reported missed collection, or a charge of $10 per missed collection will be charged to the Contractor; provided, however, that the Contractor shall not be charged under this Section 10.3(c) for collections missed due to a labor dispute involving the Contractor’s labor force if the missed collection is not rectified within seven (7) days after the missed collection. All charges levied against the Contractor under this Section 10.3(c) shall be remitted to the Village within 30 days after receipt of an invoice therefor. d) This Section 10.3 shall survive the termination of this Agreement.

Events of Default and Remedies of Village. a) If if a Breach occurs under Section 10.1 of this AgreementAgreement and Contractor fails to cure such Breach within seven (7) days after written notice from the Village, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies: 1(i) The Village may terminate this Agreement immediately, upon notice to the Contractor. Subject to the provisions of subparagraph (5v) below, upon such termination, the Contractor shall cease providing all services under this Agreement. 2(ii) The Village may seek and recover from the Contractor any unpaid amounts due the Village along with all of its substantiated costs for the failure of the Contractor to perform any obligation under this Agreement, and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Agreement, and whether incidental, consequential, indirect, or punitive, Agreement resulting from the Breach. 3(iii) The Village may (A) call upon the sureties to perform their obligations under the performance bond, or (B) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new agreement for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services. 4(iv) The Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the or State law as it may deem best, including any suit, action, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law. 5(v) Unless the Agreement is immediately terminated by the Village and the Contractor is directed to cease providing all services under this Agreement, the Contractor will, upon Upon any such termination of this Agreement, the Contractor shall, for a period to be determined by the Village in its sole and absolute discretion, but not longer than six (6) months120 days, continue to perform the contractual services during which period the businesses Customers shall pay the Contractor its scheduled compensation; provided, however, that the period of Contractor’s continued service shall be set forth in the Village’s notice of termination to the Contractor. b) No remedy by the terms of this Agreement conferred upon or reserved to the Village is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Village. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereto. c) If the Contractor misses a collection under the Residential Service, the collection must be corrected within two business days of the reported missed collection, provided, however, that the Contractor shall not be obligated to correct the missed collection for collections missed due to a late set out by resident or a labor dispute involving the Contractor’s labor force if the missed collection is not rectified within seven (7) days after the missed collection. All charges levied against the Contractor under this Section 10.3(c) shall be remitted to the Village within 60 days after receipt of an invoice therefor. d) This Section 10.3 shall survive the termination of this Agreement.

Events of Default and Remedies of Village. a) If a Breach occurs under Section 10.1 of this Agreement10.1, the Village may declare an Event of Default or Breach and may thereafter exercise any one or more of the following remedies: 1) The i. the Village may declare an Event of Default and may then terminate this Agreement immediately, upon notice to the Contractor. Subject to the provisions of subparagraph (5) belowContractor and, upon such termination, the Contractor shall cease providing all services under this Agreement.. Notwithstanding the foregoing, upon any such termination of this Agreement, the Contractor shall for a period requested by the Village, but not longer than six (6) months, continue to perform the contractual services during which period the Village shall continue to pay the Contractor its scheduled compensation; 2) The ii. the Village may seek and recover from the Contractor any unpaid amounts due the Village along with Village, all of its substantiated costs for attributable to the failure of the Contractor to perform any obligation under this Agreement, Breach and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay, ) or otherwise, arising out of the performance or non-performance Breach by the Contractor of its obligations under this Agreement. The Contractor, and whether however, shall not be liable to the Village for incidental, consequential, indirect, indirect or punitive, punitive damages resulting from the Breach.; 3) The iii. the Village may (Aa) call upon the sureties to perform their obligations under the any performance bond, bond or (Bb) in the alternative, after releasing the sureties from their obligations under the performance bond, take over and perform the required services by its own devices, or may enter into a new agreement contract for the required services, or any portion thereof, or may use such other methods as shall be required in the opinion of the Village for the performance of the required services.; 4) The iv. the Village shall have the power to proceed with any right or remedy granted by federal laws and laws of the State as it may deem best, including any suit, action, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law.; 5b) Unless This Section 10.3 shall survive the Agreement is immediately terminated by the Village and the Contractor is directed to cease providing all services under this Agreement, the Contractor will, upon any such termination of this Agreement, for a period to be determined by the Village in its sole and absolute discretion, but not longer than six (6) months, continue to perform the contractual services during which period the businesses shall pay the Contractor its scheduled compensation.