Events of Default by ESCO Sample Clauses

Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO:
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Events of Default by ESCO. Each of the following events or conditions shall constitute an "Event of Default" by ESCO: Abandonment of the Work set forth in the Contract; Failure or refusal to supply a sufficient number of properly skilled workers and necessary equipment or either of them; The standards of comfort and service set forth in Schedule L (Standards of Comfort) are not provided due to failure of ESCO to properly design, install, maintain, repair or adjust the Selected ECMs except that such failure, if corrected or cured within thirty (30) days after written notice by School District to ESCO demanding that such failure be cured, shall be deemed cured for purposed of this Contract; Any representation or warranty furnished by ESCO in this Contract is false or misleading in any material respect when made; Failure to furnish and install all of the Selected ECMs and make them ready for use within the time specified by this Contract as set forth in Schedule A (Selected ECMs to be Installed by ESCO) and Schedule D (ESCO Compensation and Payment Schedule); Any other material failure by ESCO to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein, provided that such failure continues for thirty (30) days after written notice to ESCO demanding that such failure to perform be cured, but, if corrected or cured within thirty (30) days after ESCO’s receipt of such written notice such material failure shall be deemed cured for the purpose of this Contract. Any lien or encumbrance upon the Selected ECMs by any Subcontractor, laborer or materialman of ESCO; The filing of a bankruptcy petition whether by ESCO or its creditors against ESCO which proceeding shall not have been dismissed within thirty (30) days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of ESCO; Any change in majority ownership or control of the ESCO without the prior approval of the School District, which shall not be unreasonably withheld; Failure by the ESCO to pay any amount due the School District or perform any obligation under the terms of this contract or the Energy Savings Guarantee as set forth in Schedule C (Energy Savings Guarantee); or Repossession or removal of the Selected ECMs by ESCO or a third party without good cause.
Sample 1

Related to Events of Default by ESCO

  • Events of Default by Seller In addition to the Events of Default described in Section 9.1, each of the following shall constitute an Event of Default by Seller hereunder:

  • Events of Default by Either Party It shall constitute an event of default (“Event of Default”) by either Party hereunder if:

  • Events of Default Any of the following shall constitute an Event of Default:

  • Events of Default Remedies If any of the following events (“Events of Default”) shall occur:

  • Default by City City shall not be in default under this Agreement unless City fails to perform an obligation required of City under this Agreement within twenty (20) days after written notice by Tenant to City. If the nature of City's obligation is such that more than twenty (20) days are reasonably required for performance or cure, City shall not be in default if City commences performance within such twenty (20) day period and thereafter diligently prosecutes the same to completion. In no event may Tenant terminate this Agreement or withhold the payment of rent or other charges provided for in this Agreement as a result of City’s default.

  • Events of Default and Remedies Section 8.01

  • Events of Default Defined The following shall each constitute an "Event of Default" hereunder:

  • Default by Seller Except as specifically provided elsewhere in this Contract, in the event that Seller fails to consummate this Contract or if Seller fails to perform any of Seller's other material obligations hereunder either prior to or at the Closing and such failure or refusal results from any reason other than the termination of this Contract by Purchaser pursuant to a right to terminate expressly set forth in this Contract or Purchaser's failure to perform Purchaser's obligations under this Contract, Purchaser may as its only remedy either (i) terminate this Contract by giving written notice thereof to Seller prior to or at the Closing, in which event Purchaser will be entitled to a return of the Deposit Note, whereupon neither party hereto will have any further rights or obligations hereunder, except (a) that Seller will authorize the Title Company to deliver to Purchaser the Deposit Note and Title Company will deliver the Deposit Note to Purchaser free of any claims by Seller or any other person with respect thereto, (b) that Seller shall reimburse Purchaser for its out of pocket costs associated with the negotiation and preparation of this Agreement and its examination of the Property, including, the fees and disbursements of its counsel, advisers, and agents, and (c) for provisions which survive Closing by their terms or (ii) enforce specific performance of Seller's duties and obligations under this Contract, provided that the right to enforce specific performance shall not require Seller to remove any title encumbrances placed on the Property after the Effective Date or require Seller to perform any covenant beyond the then current ability of Seller. In the event Purchaser fails to file an action for specific performance of this Contract on or before ninety (90) days after the date of such non-performance, Purchaser shall be deemed to have elected to proceed under clause (i) above and shall be deemed to have waived its right to enforce specific performance of this Contract.

  • Notice of Events of Default The Issuer shall give a Responsible Officer of the Indenture Trustee and each Rating Agency prompt written notice of each Event of Default hereunder and each default on the part of the Servicer or the Seller of its obligations under the Sale and Servicing Agreement.

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say:

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