Failure to Achieve Key Task Sample Clauses

Failure to Achieve Key Task. (a) In the event Contractor fails to complete any Key Task in accordance with the schedule set forth in any Initial City Schedule, and Contractor reasonably determines it can recover from such failure within thirty (30) Calendar Days thereof so that every Key Task set forth in the Initial City Schedule to be completed after such thirty (30) Calendar-Day Period can be completed in accordance with the Initial City Schedule, Contractor need not submit a Correction Plan to Owner. In the event Contractor fails to complete any Key Task in accordance with the schedule set forth in any Initial City Schedule, and Contractor reasonably determines it cannot recover from such failure within thirty (30) Calendar Days thereof so that every Key Task set forth in the Initial City Schedule to be completed after such thirty (30) Calendar-Day Period can be completed in accordance with the Initial City Schedule, Contractor shall submit to Owner a Correction Plan, including a revised schedule reasonably demonstrating that it can achieve Acceptance of the affected City Network by the Acceptance Date. If Contractor submits a Correction Plan reasonably demonstrating that it can achieve Acceptance of the affected City Network by the Acceptance Date, Owner shall approve such Correction Plan in writing. Upon Owner's approval of the Correction Plan, the default shall be deemed cured upon Contractor's compliance with all the terms of the Correction Plan. With respect to the breach for which Owner approved a Correction Plan, Owner shall not deliver to Contractor a Notice of Default so long as Contractor performs in accordance with the terms of such Plan. (b) If, within thirty (30) Calendar Days of failing to achieve a Key Task in accordance with an Initial City Schedule, Contractor fails to either recover from its failure to achieve a Key Task so that every Key Task that is set forth in the Initial City Schedule to be completed after such thirty (30) Calendar-Day period can be completed in accordance with the Initial City Schedule, or Contractor fails to submit a Correction Plan reasonably demonstrating it can achieve Acceptance of the affected City Network in accordance with the Acceptance Date (as may be extended pursuant to this Contract), and Contractor fails to recover from either such failure within thirty (30) Calendar Days notice thereof, Owner may terminate the Contract to the extent permitted by paragraph (f) of Article 26.2 (
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs

Related to Failure to Achieve Key Task

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Act Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • TOTAL OR PARTIAL FAILURE TO PERFORM 20.1 In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that: a) no manufacturing of the Goods specified in a Purchase Order has commenced and there is little or no prospect, in Transnet’s opinion, that manufacturing will commence within a reasonable time; or b) delivery of any of the Goods is being or is likely to be delayed beyond the promised delivery date(s), and there is little or no prospect of the Purchase Order(s) being carried out within reasonable adherence to the promised delivery rate(s) or time(s), then Transnet may, irrespective of the cause of the delay, by notice to the Supplier, cancel as from a future date specified in such notice the whole or any part of this Agreement or Purchase Order in respect of which the Goods to be supplied have not been completed by that date, without incurring any liability by reason of such cancellation except as provided in this clause. 20.2 The Supplier/Service Provider shall thereupon, as soon as possible after such date, deliver to Transnet the Goods/Services [if any] already completed, and payment for the part performance shall be made on a pro rata basis, provided the uncompleted part is not an integral or essential part of the completed Goods/Services. Where an integral or essential part of the work has not been completed, the amount to be paid to the Supplier/Service Provider will be calculated on the basis of Transnet’s enrichment. The Supplier/Service Provider shall, wherever practicable, supply Transnet with the necessary drawings and/or specifications to enable it to complete the work. 20.3 Whenever, in any case not covered by clause 20.1 above, the Supplier fails or neglects to execute the work or to deliver any portion of the Goods/Services as required by the terms of this Agreement or Purchase Order, or if any Goods/Services are rejected on any of the grounds mentioned in clause Error! Reference source not found. [Defective Goods], Transnet may cancel this Agreement or Purchase Order in so far as it relates to the unexecuted work or the undelivered or rejected portion of the Goods/Services, and in such event, the supply of the remaining portion shall remain subject in all respects to these conditions.

  • Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement.

  • Failure to Appoint If the party receiving the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairperson within seven (7) days of their appointment, the appointment shall be made by the Minister of Labour upon request of either party.

  • Substantial Performance This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Defend If the Indemnifying Party, within a reasonable time after notice of any such Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!