F or Cause. If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Consultant, the following items shall be considered default under this Agreement:
F or Cause. The City may terminate this Agreement immediately upon written notice for any material breach by the Contractor. If the City terminates the Agreement for cause and obtains the same services from another contractor at a greater cost, the Contractor is responsible for such excess cost in addition to any other remedies available to the City.
F or Cause. MAS may terminate this Agreement in its sole discretion, effective immediately, upon written or verbal notice, or by closing Merchant’s point-of-sale terminal, if MAS reasonably determines that any of the following conditions exists: Merchant has violated any provision of this Agreement, including, without limitation Merchant’s failure to remit monies to MAS; Merchant fails to provide financial statements suitable to MAS on request; There is a material adverse change in Merchant’s financial condition; If any case or proceeding is commenced by or against Merchant under any federal or state law dealing with insolvency, bankruptcy, receivership or other debt relief; Any information which Merchant provided to MAS, including Addendum information, was false, incomplete or misleading when received in MAS’s sole discretion; At any time during the term of this Agreement, Merchant has had a monthly ratio of Chargebacks to total transactions exceeding Card Association requirements or 1%, or Chargebacks exceed 3% of any monthly dollar amount of total transactions; An overdraft in the Deposit Account exists for more than 3 days; Merchant or any of Merchant’s principals, owners, officers, directors, agents, or employees has been involved in processing transactions arising from fraudulent, dishonest or otherwise unauthorized transactions Merchant is or will be unable or unwilling to perform its obligations under this Agreement or applicable law; Xxxxxxxx has failed to timely pay MAS any amount due; Merchant has failed to promptly perform or discharge any obligation under its Deposit Account or the Reserve Account; Any of Merchant’s representations or warranties made in connection with this Agreement was not true or accurate when given; Merchant has defaulted on any agreement it has with MAS; BPPR or MAS is served with legal process seeking to attach or garnish any of Merchant’s funds or property in BPPR or MAS’s possession, and Merchant does not satisfy or appeal the legal process within 15 days of such service; Any Card Association rules are amended in any way so that the continued existence of this Agreement would cause MAS to be in breach of those rules; Any guaranty supporting Merchant’s obligations is revoked, withdrawn, terminated or altered in any way; If any circumstances arise regarding Merchant or its business that create harm or loss of goodwill to MAS or any Card Association; Termination is necessary to prevent loss to MAS or Card Issuers; Merchant’s type of ...
F or Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section I(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section I(3). In the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination.
F or Cause. For purposes of this Agreement, the term “For Cause” means (i) the material failure by the Optionee to reasonably perform Optionee’s duties or obligations under the Non-Competition and Employment Agreement, dated September 18, 1995 between the Optionee and a Subsidiary of the Company, as may be amended, modified or supplemented from time to time, which nonperformance has not been cured within thirty (30) days after written notice thereof has been given by the Company to the Optionee (or such greater amount of time, if such nonperformance can not be cured within thirty (30) days, sufficient to reasonably permit the Optionee to diligently and vigorously cure such breach); (ii) Optionee’s breach or failure to perform any of the material terms of this Agreement and such breach or failure has not been cured within thirty (30) days after Optionee receives notice from the Company of such breach or failure; (iii) the reckless or willful engaging by the Optionee in misconduct which is materially injurious to the Company and/or its Subsidiaries, monetarily or otherwise; (iv) conviction of a crime under the laws of the United States or of any state within the United States involving a felony, moral turpitude or dishonesty; (v) addition to, or continued misuse of, alcohol or any drug materially affecting the mental processes of Optionee; (vi) failure of Optionee to make good faith efforts to return to employment of the Company or its Subsidiaries, whichever is applicable, after the sufferance of a disability; or (vii) material breach of any of Optionee’s fiduciary duties to the Company and/or its Subsidiaries, as determined in good faith by the Company.
F or Cause. If Employee is terminated for cause, Employee’s employment and this Agreement will be terminated effective immediately and Employee shall receive pay and benefits only through the effective date of termination. As used in this Agreement, “cause” includes without limitation, as determined in the sole discretion of the Employer, any of the following: (1) insubordination, (2) dishonesty, (3) embezzlement, (4) violation of Federal, State or local requirements pertaining to conflict of interest, (5) conviction of a criminal act, other than minor traffic violations or similar offenses, which is likely to have a material adverse impact on the District’s or Employee’s reputation, (6) involvement in any act of moral turpitude that would compromise Employee’s effective performance as General Manager, (7) taking a public position adverse to the interests of Employer without Employer’s prior written consent, (8) violation of any fiduciary duty owed to Employer, (9) unauthorized or unexcused absence from employment or unauthorized or unexcused failure to perform employment duties for more than forty-eight
