Common use of EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET Clause in Contracts

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 Events of Default Defined (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City. (b) Contractor's material failure to perform any of its obligations under this Agreement including the following: (i) Failure to perform the Services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (iv) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (v) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (vi) Discontinuance of the Services for reasons within Contractor's reasonable control; (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ix) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Contractor without the prior written approval of the Commissioner (when such prior approval is permissible by law), which approval the Commissioner will not unreasonably withhold. (d) Contractor's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Contractor acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) Contractor’s violation of City ordinance(s) unrelated to performance under the Agreement such that, in the opinion of the Commissioner, it indicates a willful or reckless disregard for City laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 a) Events of Default Defined (ai) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Consultant to the CityCounty. (bii) ContractorConsultant's material failure to perform any of its obligations under this Agreement including the following: (ia) Failure due to a reason or circumstances within Consultant's reasonable control to perform the Services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (ivb) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner Chief Procurement Officer or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (vc) Failure to promptly re-perform, as required, perform within a reasonable time and at no cost to the City, Services that are were rejected as erroneous or unsatisfactory; (vid) Discontinuance of the Services for reasons within ContractorConsultant's reasonable control;; and (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ixe) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (ciii) Any change in ownership or control of Contractor Consultant without the prior written approval of the Commissioner (when such prior approval is permissible by law)Chief Procurement Officer, which approval the Commissioner Chief Procurement Officer will not unreasonably withhold. (div) ContractorConsultant's default under any other agreement it may presently have or may enter into with the City for County during the duration life of this Agreement. Contractor Consultant acknowledges and agrees that in the event of a default under this Agreement the City County may also declare a default under any such other agreementsAgreements. (ev) ContractorFailure to comply with Article 7 in the performance of the Agreement. vi) Consultant’s violation repeated or continued violations of City ordinance(s) County ordinances unrelated to performance under the Agreement such that, that in the opinion of the Commissioner, it indicates Chief Procurement Officer indicate a willful or reckless disregard for City County laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 a) Events of Default Defined (ai) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Consultant to the CityCounty. (bii) ContractorConsultant's material failure to perform any of its obligations under this Agreement including the following: (ia) Failure due to a reason or circumstances within Consultant's reasonable control to perform the Services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (ivb) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner Chief Procurement Officer or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (vc) Failure to promptly re-perform, as required, perform within a reasonable time and at no cost to the City, Services that are were rejected as erroneous or unsatisfactory; (vid) Discontinuance of the Services for reasons within ContractorConsultant's reasonable control;; and (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ixe) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (ciii) Any change in ownership or control of Contractor Consultant without the prior written approval of the Commissioner (when such prior approval is permissible by law)Chief Procurement Officer, which approval the Commissioner Chief Procurement Officer will not unreasonably withhold. County acknowledges that Consultant’s admittance of new equity partners owning less than 10% in accordance with Consultant’s standard business practices does not constitute a change in ownership requiring the prior written approval of the Chief Procurement Officer. (div) ContractorConsultant's default under any other agreement it may presently have or may enter into with the City for County during the duration life of this Agreement. Contractor Consultant acknowledges and agrees that in the event of a default under this Agreement the City County may also declare a default under any such other agreementsAgreements. (ev) ContractorFailure to comply with Article 7 in the performance of the Agreement. vi) Consultant’s violation repeated or continued violations of City ordinance(s) County ordinances unrelated to performance under the Agreement such that, that in the opinion of the Commissioner, it indicates Chief Procurement Officer indicate a willful or reckless disregard for City County laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 Events of Default Defined (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City. (b) Contractor's material failure to perform any of its obligations under this Agreement including the following: (i) Failure to perform the Services with sufficient personnel and equipment or with sufficient material or software applications to ensure the timely performance of the ServicesServices in accordance with any firm delivery dates set forth in this Agreement; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the ServicesServices in accordance with any firm delivery dates set forth in this Agreement; (iv) Failure to perform the Services in a manner reasonably satisfactory to material compliance with the Commissioner requirements of the Agreement or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (v) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory;Intentionally deleted. (vi) Discontinuance of the Services for reasons within Contractor's reasonable control; (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure to promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ix) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Contractor without the prior written approval of the Commissioner Comptroller (when such prior approval is permissible by law), which approval the Commissioner Comptroller will not unreasonably withhold. (d) Contractor's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Contractor acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) Contractor’s violation of City ordinance(s) unrelated to performance under the Agreement such that, in the opinion of the CommissionerComptroller, it indicates a willful or reckless disregard for City laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 a) Events of Default Defined (ai) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Vendor to the CityCounty. (bii) ContractorVendor's material failure to perform any of its obligations under this Agreement including the following: (ia) Failure due to a reason or circumstances within Vendor's reasonable control to perform the Services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (ivb) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner Chief Procurement Officer or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (vc) Failure to promptly re-perform, as required, perform within a reasonable time and at no cost to the City, Services that are were rejected as erroneous or unsatisfactory; (vid) Discontinuance of the Services for reasons within ContractorVendor's reasonable control;; and (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ixe) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (ciii) Any change in ownership or control of Contractor Vendor without the prior written approval of the Commissioner (when such prior approval is permissible by law)Chief Procurement Officer, which approval the Commissioner Chief Procurement Officer will not unreasonably withhold. (div) ContractorVendor's default under any other agreement it may presently have or may enter into with the City for County during the duration life of this Agreement. Contractor Vendor acknowledges and agrees that in the event of a default under this Agreement the City County may also declare a default under any such other agreementsAgreements. (ev) ContractorFailure to comply with Article 7 in the performance of the Agreement. vi) Vendor’s violation repeated or continued violations of City ordinance(s) County ordinances unrelated to performance under the Agreement such that, that in the opinion of the Commissioner, it indicates Chief Procurement Officer indicate a willful or reckless disregard for City County laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 Events of Default DefinedDefined The following constitute events of default: (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to the City. (b) Contractor's material failure to perform any of its obligations under this Agreement including the following: (i) Failure to perform the Services with sufficient personnel and equipment or with sufficient material or software applications to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (iv) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner Comptroller or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (v) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (vi) Discontinuance of the Services for reasons within Contractor's reasonable control; (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ix) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Contractor without the prior written approval of the Commissioner Comptroller (when such prior approval is permissible by law), which approval the Commissioner Comptroller will not unreasonably withhold. (d) Contractor's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Contractor acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) Contractor’s violation of City ordinance(s) unrelated to performance under the Agreement such that, in the opinion of the CommissionerComptroller, it indicates a willful or reckless disregard for City laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 9.1 Events of Default Defined (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Consultant to the City. (b) ContractorConsultant's material failure to perform any of its obligations under this Agreement including the following: (i) Failure to perform the Services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (iv) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner or the Chief Procurement Officer or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (v) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (vi) Discontinuance of the Services for reasons within ContractorConsultant's reasonable control; (vii) Failure to comply with Section 6.1 7.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ix) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (xix) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Contractor Consultant without the prior written approval of the Commissioner Chief Procurement Officer (when such prior approval is permissible by law), which approval the Commissioner Chief Procurement Officer will not unreasonably withhold. (d) ContractorConsultant's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Contractor Consultant acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) Contractor’s Consultant=s violation of City ordinance(s) unrelated to performance under the Agreement such that, in the opinion of the CommissionerChief Procurement Officer, it indicates a willful or reckless disregard for City laws and regulations. (f) Consultant=s failure to update its EDS to reflect any changes in information, including changes in ownership, and to provide it to the City as provided under Section 7.1(a).

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 9.1 Events of Default Defined (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Consultant to the City. (b) ContractorConsultant's material failure to perform any of its obligations under this Agreement including the following: (i) Failure to perform the Services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (iv) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner or the Chief Procurement Officer or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (v) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (vi) Discontinuance of the Services for reasons within ContractorConsultant's reasonable control; (vii) Failure to comply with Section 6.1 7.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ix) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (xix) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Contractor Consultant without the prior written approval of the Commissioner Chief Procurement Officer (when such prior approval is permissible by law), which approval the Commissioner Chief Procurement Officer will not unreasonably withhold. (d) Contractor's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Contractor acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) Contractor’s violation of City ordinance(s) unrelated to performance under the Agreement such that, in the opinion of the Commissioner, it indicates a willful or reckless disregard for City laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 Events of Default DefinedDefined The following constitute events of default: (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Auditor to the City. (b) ContractorAuditor's material failure to perform any of its obligations under this Agreement including the following: (i) Failure to perform the Services with sufficient personnel and equipment or with sufficient material or software applications to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (iv) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner Comptroller or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (v) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (vi) Discontinuance of the Services for reasons within ContractorAuditor's reasonable control; (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ix) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Contractor Auditor without the prior written approval of the Commissioner Comptroller (when such prior approval is permissible by law), which approval the Commissioner Comptroller will not unreasonably withhold. (d) ContractorAuditor's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Contractor Auditor acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) ContractorAuditor’s violation of City ordinance(s) unrelated to performance under the Agreement such that, in the opinion of the CommissionerComptroller, it indicates a willful or reckless disregard for City laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 Events of Default Defined (a) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Auditor to the City. (b) ContractorAuditor's material failure to perform any of its obligations under this Agreement including the following: (i) Failure to perform the Services with sufficient personnel and equipment or with sufficient material or software applications to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (iv) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner Comptroller or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (v) Failure to promptly re-perform, as required, within a reasonable time and at no cost to the City, Services that are rejected as erroneous or unsatisfactory; (vi) Discontinuance of the Services for reasons within ContractorAuditor's reasonable control; (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ix) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (c) Any change in ownership or control of Contractor Auditor without the prior written approval of the Commissioner Comptroller (when such prior approval is permissible by law), which approval the Commissioner Comptroller will not unreasonably withhold. (d) ContractorAuditor's default under any other agreement it may presently have or may enter into with the City for the duration of this Agreement. Contractor Auditor acknowledges that in the event of a default under this Agreement the City may also declare a default under any such other agreements. (e) ContractorAuditor’s violation of City ordinance(s) unrelated to performance under the Agreement such that, in the opinion of the CommissionerComptroller, it indicates a willful or reckless disregard for City laws and regulations.

EVENTS OF DEFAULT, REMEDIES, TERMINATION, SUSPENSION AND RIGHT TO OFFSET. 8.1 ‌‌‌ a) Events of Default Defined (ai) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor Consultant to the CityCounty. (bii) ContractorConsultant's material failure to perform any of its obligations under this Agreement including the following: (ia) Failure due to a reason or circumstances within Consultant's reasonable control to perform the Services with sufficient personnel and equipment or with sufficient material to ensure the timely performance of the Services; (ii) Failure to have and maintain all professional licenses required by law to perform the Services; (iii) Failure to timely perform the Services; (ivb) Failure to perform the Services in a manner reasonably satisfactory to the Commissioner Chief Procurement Officer or inability to perform the Services satisfactorily as a result of insolvency, filing for bankruptcy or assignment for the benefit of creditors; (vc) Failure to promptly re-perform, as required, perform within a reasonable time and at no cost to the City, Services that are were rejected as erroneous or unsatisfactory; (vid) Discontinuance of the Services for reasons within ContractorConsultant's reasonable control;; and (vii) Failure to comply with Section 6.1 in the performance of the Agreement; (viii) Failure promptly to update EDS(s) furnished in connection with this Agreement when the information or responses contained in it or them is no longer complete or accurate; (ixe) Failure to comply with any other material term of this Agreement, including the provisions concerning insurance and nondiscrimination; and (x) Any other acts specifically stated in this Agreement as constituting an act of default. (ciii) Any change in ownership or control of Contractor Consultant without the prior written approval of the Commissioner (when such prior approval is permissible by law)Chief Procurement Officer, which approval the Commissioner Chief Procurement Officer will not unreasonably withhold. (div) ContractorConsultant's default under any other agreement it may presently have or may enter into with the City for County during the duration life of this Agreement. Contractor Consultant acknowledges and agrees that in the event of a default under this Agreement the City County may also declare a default under any such other agreementsAgreements. (ev) ContractorFailure to comply with Article 7 in the performance of the Agreement. vi) Consultant’s violation repeated or continued violations of City ordinance(s) County ordinances unrelated to performance under the Agreement such that, that in the opinion of the Commissioner, it indicates Chief Procurement Officer indicate a willful or reckless disregard for City County laws and regulations.