Failure or Refusal to Perform Clause Samples

Failure or Refusal to Perform. The inability, failure or refusal by Contractor to perform timely any material obligation under this Agreement, and despite the fact that Contractor may be liable for and paying damages to SPSA relative to any such inability, failure or refusal under this Agreement (unless such failure or refusal is caused by an Uncontrollable Circumstance, SPSA Fault or an Event of Default by SPSA); provided, however, insofar as failure or refusal relates to: (a) the failure to maintain Required Contractor Insurance, all pursuant to Section 8.3, then Section 9.1.2 shall govern; (b) the failure to maintain solvency, then Section 9.1.3 shall govern; (c) any untrue representation or warranty, then Section 9.1.4 shall govern; (d) this Agreement is assigned by Contractor in breach of Section 13.1 or a Change of Control occurs in breach of Section 13.2, then Section 9.1.5 shall govern; (e) the failure or refusal of Contractor to establish, obtain, maintain and renew in a timely manner the Performance Bond in accordance with Section 8.5, then Section 9.1.6 shall govern; (f) a default of the Guarantor under the Guarantee in accordance with Section 8.6, then Section 9.1.7 shall govern; (g) the failure of the Senior Vice President (or other senior level executive acceptable to SPSA) of Contractor or the Parent Company, or both, to appear before the Board pursuant to Section 3.7, then Section 9.1.8 shall govern; (h) the failure of Contractor to comply with its obligations under the Contract Waste Agreement, then Section 9.1.9 shall govern; or (i) Contractor abandons either Facility or discontinues its Services, other than pursuant to its right to suspend performance due to an Uncontrollable Circumstance in accordance with Section 7.1, then Section 9.1.10 shall govern.