Common use of Events of Default Requiring Previous Notice and Cure Opportunity for Termination Clause in Contracts

Events of Default Requiring Previous Notice and Cure Opportunity for Termination. It will be an Event of Default by the Company upon which the County may terminate this Contract, by notice to the Company, if: (1) any representation or warranty of the Company hereunder or the Guarantor under the Guaranty Agreement was false or inaccurate in any material respect when made, and the legality of this Contract or the Guaranty Agreement or the ability of the Company to carry out its obligations hereunder or the ability of the Guarantor to carry out its obligation thereunder is thereby adversely affected; or (2) the Company fails, refuses or otherwise defaults in its duty (a) to pay any amount required to be paid to the County under this Contract within sixty (60) days following the due date for such payment, or (b) to perform any material obligation under this Contract (unless such default is excused by an Uncontrollable Circumstance as and to the extent provided herein), except that no such default (other than those set forth in subsection (A) of this Section) will constitute an Event of Default giving the County the right to terminate this Contract for cause under this subsection unless: (1) The County has given prior written notice to the Company stating that in its opinion a specified default in its duty to pay or perform exists which gives the County a right to terminate this Contract for cause under this Section, and describing the default in reasonable detail; and (2) The Company has not initiated within a reasonable time (in any event not more than thirty (30) days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and prevent its recurrence. If the Company has initiated within such reasonable time and continued with due diligence to carry out to completion all such actions, the default will not constitute an Event of Default during such period of time (in any event not more than sixty (60) days from the initial default notice) as the Company continues with due diligence to carry out to completion all such actions.

Events of Default Requiring Previous Notice and Cure Opportunity for Termination. It will shall be an a Company Event of Default by the Company upon which the County City may terminate this Service Contract, by notice to the Company and subject to the Company’s cure rights set forth in subsection (C) of this Section, if: : (1) any Any representation or warranty of the Company hereunder or the Guarantor under the Guaranty Agreement was false or inaccurate in any material respect when made, and the legality of this Service Contract or the Guaranty Agreement or the ability of the Company to carry out its obligations hereunder or the ability of the Guarantor to carry out its obligation thereunder is thereby materially and adversely affected; or ; (2) The Company suspends, ceases, stops or abandons its efforts to achieve Facility Completion or fails to continuously and diligently prosecute the work necessary to achieve Facility Completion, exclusive of work stoppages due to an Uncontrollable Circumstance; (3) The Company failsfails to obtain or maintain the insurance policies required by this Service Contract or to provide evidence of renewal; Service Contract for the Supply, refuses Placement, Removal and Thermal Reactivation of Granular Activated Carbon Article VII – Breach, Default, Remedies and Termination (4) The Company fails to comply with the Performance Standards or any Applicable Law or unreasonably fails to comply with the instructions of the City consistent with this Service Contract; (5) The Company fails to perform GAC Filter Exchanges within the time stipulated in this Service Contract; (6) The Company fails to comply with the security inquiry requirements set forth in Appendix 5; (7) The Company fails to comply with the legal worker requirements set forth in subsection 5.7(D) or the affirmative action requirements set forth in subsection 5.7(E); (8) The Company assigns or transfers (or attempts to assign or transfer) this Service Contract or any right or interest herein without the City’s prior written consent; or (9) The Company otherwise defaults in its duty (a) to pay any amount required to be paid to the County under this Contract within sixty (60) days following the due date for such payment, or (b) fails to perform any other material obligation under this Service Contract (unless such default is excused by an Uncontrollable Circumstance as and to the extent provided herein), except that no such default (other than those set forth in subsection (A) of this Section) will constitute an Event of Default giving the County the right to terminate this Contract for cause under this subsection unless: (1) The County has given prior written notice to the Company stating that in its opinion a specified default in its duty to pay or perform exists which gives the County a right to terminate this Contract for cause under this Section, and describing the default in reasonable detail; and (2) The Company has not initiated within a reasonable time (in any event not more than thirty (30) days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and prevent its recurrence. If the Company has initiated within such reasonable time and continued with due diligence to carry out to completion all such actions, the default will not constitute an Event of Default during such period of time (in any event not more than sixty (60) days from the initial default notice) as the Company continues with due diligence to carry out to completion all such actions.

Events of Default Requiring Previous Notice and Cure Opportunity for Termination. It will shall be an Event of Default by the Company Contractor upon which the County Authority may terminate this Contract, by notice to the CompanyContractor, if: (1) any : a. Any representation or warranty of the Company Contractor hereunder or the Guarantor under the Guaranty Agreement was intentionally false or inaccurate in any material respect when made, and the legality of this Contract or the Guaranty Agreement or the ability of the Company Contractor to carry out its obligations hereunder is thereby materially and adversely affected; b. Contractor refuses to supply enough properly skilled workers to meet the schedule, or proper materials; c. Contractor fails to make payment to Subcontractors or Suppliers for materials, services or labor in accordance with the respective agreements between Contractor and the Subcontractors or Suppliers or the ability requirements of the Guarantor NRS; d. Contractor disregards Applicable Law; e. Contractor fails to carry out perform any material obligation imposed by this Contract; f. Contractor or its obligation thereunder Subcontractors or Suppliers of any tier fails, as determined by Authority, to comply with this Contract, the Site Safety Plan or Safety Program; g. Contractor is thereby adversely affectedotherwise guilty of a substantial breach of a provision of this Contract; or (2) the Company or h. Contractor fails, refuses or otherwise defaults in its duty (aduty: 1) to pay any amount required to be paid to the County Authority under this Contract within sixty (60) days following the due date for such payment, or (bor 2) to perform any other material obligation under this Contract (unless such default is excused by an Uncontrollable Circumstance as and to the extent provided herein), except that no such default (other than those set forth in subsection (Athis Contract) of this Section) will shall constitute an Event of Default giving the County Authority the right to terminate this Contract for cause under this subsection unless: (1a) The County Authority has given prior written notice to the Company Contractor stating that in its opinion a specified default in its duty to pay or perform exists has occurred which gives the County Authority a right to terminate this Contract for cause under this SectionContract, and describing the default in reasonable detail; and (2b) The Company Contractor has not initiated neither challenged in an appropriate forum Authority’s conclusion that such a default has occurred or constitutes a material breach of this Contract nor corrected or diligently taken steps to correct such default within a reasonable time (in any event but not more than thirty ten (3010) days from the initial default noticedate of the notice given pursuant to item (1) and continued with due diligence to carry out to completion all actions reasonably necessary above (but if Contractor shall have diligently taken steps to correct the such default and prevent its recurrence. If the Company has initiated within such a reasonable time and continued with due diligence to carry out to completion all such actionsperiod of time, the default will same shall not constitute an Event event of Default during Ddfault for so long as Contractor is continuing to take such period of time (in any event not more than sixty (60) days from the initial default notice) as the Company continues with due diligence steps to carry out to completion all correct such actionsdefault).

Events of Default Requiring Previous Notice and Cure Opportunity for Termination. It will shall be an Event of Default by the Company upon which the County WPCA may terminate this ContractService Agreement, by notice to the Company, if: (1) any representation or warranty of the Company hereunder or the Guarantor under the Guaranty Agreement was false or inaccurate in any material respect when mademade (or for continuing representations and warranties, and the legality of this Contract was or the Guaranty Agreement becomes false or the ability of the Company to carry out its obligations hereunder or the ability of the Guarantor to carry out its obligation thereunder is thereby adversely affectedinaccurate at any time); or (2) the Company fails, refuses or otherwise defaults in its duty duty (a) to pay any amount required to be paid to the County WPCA under this Contract within sixty (60) days following Service Agreement by the due date for such payment, or (b) to perform any material obligation under this Contract Service Agreement (unless such default is excused by an Uncontrollable Circumstance as and to the extent provided herein), except that no such default (other than those set forth in subsection Subsection (A) of this Section) will shall constitute an Event of Default giving the County WPCA the right to terminate this Contract Service Agreement for cause under this subsection Subsection unless: (1) The County WPCA has given prior written notice to the Company stating that in its opinion a specified default in its duty to pay or perform exists which gives the County a right to terminate this Contract for cause under this Section, and describing the default in reasonable detail; and (2) The Company has not initiated within a reasonable time (in any event not more than thirty (30) 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and prevent its recurrence. If ; except that if the Company has shall have initiated within such reasonable time and continued with due diligence to carry out to completion all such actionsactions (which completion in any event shall not be more than 120 days from the initial default notice), the default will shall not constitute an Event of Default during such period of time (in any event not more than sixty (60) days from the initial default notice) as the Company continues shall continue with due diligence to carry out to completion all such actions.

Events of Default Requiring Previous Notice and Cure Opportunity for Termination. It will shall be an Event of Default by the Company Com pany upon which the County Borough may terminate this Service Contract, by notice to the Company, if: (1) any representation or warranty of the Company Com pany hereunder or the Guarantor G uarantor under the Guaranty Agreement Agreem ent was false or inaccurate in any material respect when made, and the legality of this Service Contract or the Guaranty Agreement or the ability of the Company to carry out its obligations hereunder or the ability of the Guarantor Guaran tor to carry out its obligation obligations thereunder is thereby m aterially and adversely affected; or (2) the Company fails, refuses or otherwise defaults in its duty (a) to pay any amount required to be paid to the County Borough under this Service Contract within sixty (60) 60 days following the due date for such paymentpaym ent, or (b) to perform any material m aterial obligation under this Service Contract (unless such default is excused by an Uncontrollable Circumstance or Borough Fault as and to the extent provided herein), except that no such default (other than those set forth in subsection (A) of this Section) will shall constitute an Event of Default giving the County Borough the right to terminate term inate this Service Contract for cause under this subsection unless: (1) The County Borough has given prior written notice to the Company Compan y stating that in its opinion a specified default in its duty to pay or perform exists which gives the County Borough a right to terminate this Service Contract for cause under this Sectionth is Section unless such default is corrected within a reasonable period of time, and describing the default in reasonable detail; and (2) The Company has not initiated within a reasonable time (in any event not more than thirty (30) 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and an d prevent its recurrence. If ; except that if the Company has shall have initiated within such reasonable time and continued with due diligence to carry out to completion all such actions, the default will shall not constitute an Event of Default during such period of time (in any event not more m ore than sixty (60) 120 days from the initial default notice) as the Company continues shall continue with due diligence to carry out to completion com pletion all such actions).

Events of Default Requiring Previous Notice and Cure Opportunity for Termination. It will shall be an Event of Default by the Company Lessee upon which the County may terminate Lessor m ay term inate this ContractLease Agreement, by notice to the CompanyLessee, if: (1) any representation or warranty of the Company Lessee hereunder or the Guarantor G uaran tor under the Guaranty Agreement was false or inaccurate in any material respect when made, and the legality of this Contract Lease Agreement or the Guaranty Agreement or the ability of the Company Lessee to carry out its obligations hereunder or the ability of the Guarantor Guaran tor to carry out its obligation obligations thereunder is thereby m aterially and adversely affected; or (2) the Company Lessee fails, refuses or otherwise defaults in its duty (a) to pay any amount required to be paid to the County Lessor under this Contract Lease Agreement within sixty (60) 60 days following the due date for such payment, or (b) to perform any material m aterial obligation under this Contract Lease Agreement (unless such default is excused by an Uncontrollable Circumstance Un controllable Circum stance or Lessor Fault as and to the extent provided herein), except that no such default (other than those set forth in subsection (A) of this Section) will shall constitute an Event of Default giving the County Lessor the right to terminate term inate this Contract Lease Agreement for cause under this th is subsection unless: (1) The County Lessor has given prior written notice to the Company Lessee stating that in its opinion a specified default in its duty to pay or perform exists which gives the County Lessor a right to terminate this Contract Lease Agreemen t for cause under this SectionSection unless such default is corrected within a reason able period of time, and describing the default in reasonable detail; and (2) The Company Lessee has not initiated within a reasonable time (in any event not more than thirty (30) 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and an d prevent its recurrence. If ; except that if the Company has Lessee shall have initiated within such reasonable time and continued with due diligence to carry out to completion all such actions, the default will shall not constitute const itute an Event of Default during such period per iod of time t ime (in any event not more than sixty (60) 120 days from the initial default notice) as the Company continues Lessee shall continue with due diligence to carry out to completion com pletion all such actions).