Events of Default and Remedies Termination Sample Clauses

Events of Default and Remedies Termination. 12.1 Design/Builder Events of Default 12.1.1 if the Design/Builder persistently fails or neglects to carry out the Work in accordance with the provisions of the Contract Documents, and fails, after seven (7) Days notice from the Owner, to commence a cure to correct such failure or neglect and thereafter diligently pursue such cure to completion; 12.1.2 if the Design/Builder materially breaches this Agreement and fails, after seven (7) Days notice from the Owner, to commence a cure to correct such breach and thereafter diligently pursues such cure to completion (such breach to include, but not be limited to, failure to make payment to Team Subcontractors for materials or labor in accordance with the respective agreements between the Design/Builder and the Team Subcontractors or persistent disregard of Applicable Laws) 12.1.3 if a custodian, trustee or receiver is appointed for the Design/Builder, or if the Design/Builder becomes insolvent or bankrupt, is generally not paying its debts as they become due or makes an assignment for the benefit of creditors, or the Design/Builder causes or suffers an order for relief to be entered with respect to it under applicable Federal bankruptcy law or applies for or consents to the appointment of a custodian, trustee or receiver for the Design/Builder, or bankruptcy, reorganization, arrangement or insolvency proceedings, or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Design/Builder, and in any of the foregoing cases such action is not discharged or terminated within sixty (60) Days of its institution. 12.2 Remedies of the Owner upon a Design/Builder Event of Default
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Events of Default and Remedies Termination. Section 5.1 Events of Default 26 Section 5.2 Remedies on Default 28 Section 5.3 No Remedy Exclusive 28 Section 5.4 Agreement to Pay Expenses and Attorneys' Fees 29 Section5.5 No Waiver 29
Events of Default and Remedies Termination. 12.1 Design/Builder Events of Default 12.1.1 if the Design/Builder persistently fails or neglects to carry out the Work in accordance with the provisions of the Contract Documents, and fails, after seven (7) Days notice from the Owner, to commence a cure to correct such failure or neglect and thereafter diligently pursue such cure to completion; 12.1.2 if the Design/Builder materially breaches this Agreement and fails, after seven
Events of Default and Remedies Termination 

Related to Events of Default and Remedies Termination

  • Events of Default and Remedies (a) Any one or more of the following events which shall have occurred and be continuing shall constitute an event of default ("Event of Default"): (i) Default in the payment of interest upon this Note, as and when the same shall become due; or (ii) Default in the payment of the principal of this Note, as and when the same shall become due; or (iii) Default in the payment of any other obligation of the Company in an amount in excess of $100,000; or (iv) The Company shall fail to perform or observe any affirmative covenant contained in this Note and such Default, if capable of being remedied, shall not have been remedied ten (10) days after written notice thereof shall have been given by the Holder to the Company; or (v) The Company or any subsidiary (A) shall institute any proceeding or voluntary case seeking to adjudicate it bankrupt or insolvent, or seeking dissolution, liquidation, winding up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency or reorganization or relief of debtors, or seeking the entry of any order for relief or the appointment of a receiver, trustee, custodian or other similar official for such the Company or any subsidiary or for any substantial part of its property, or shall consent to the commencement against it of such a proceeding or case, or shall file an answer in any such case or proceeding commenced against it consenting to or acquiescing in the commencement of such case or proceeding, or shall consent to or acquiesce in the appointment of such a receiver, trustee, custodian or similar official; (B) shall be unable to pay its debts as such debts become due, or shall admit in writing its inability to apply its debts generally; (C) shall make a general assignment for the benefit of creditors; or (D) shall take any action to authorize or effect any of the actions set forth above in this subsection 3 (iv); or

  • Default and Remedies Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract.

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