Failure to Perform Services Clause Samples

Failure to Perform Services. 1. In the event the Contractor fails to perform the work required by the terms herein in a diligent and satisfactory manner the County may at its own option and without prejudice to any other rights, may perform or cause to be performed all or any part of the work. Contractor shall be required to reimburse the County for any expense incurred or the County may deduct the amount from any sum owed to Contractor. 2. Contractor will post and maintain all signs, barricades, and other safeguards required by law, ordinance, or good judgement. 3. Contractor shall bear full responsibility for the protection and safety of public, personnel, materials and surfaces in the vicinity of the work being performed. 4. No advertisement signs shall be permitted.

Failure to Perform Services. (a) If the Supplier fails to perform any Services or deliver any deliverable(s) in accordance with this Agreement, YSC: (i) will not be required to pay for those Services, deliverable(s) until they are provided in accordance with the Agreement; and (ii) may issue a notice to the Supplier requiring the Supplier to remedy any default or re- perform the Services or deliverable(s) within the time specified by YSC (which time must be reasonable having regard to the nature of the relevant Services or deliverable(s). (b) If: (i) the default referred to in clause 9(a) above is incapable of being remedied or re- performed; or (ii) the Supplier fails to remedy the default or re-perform the non-compliant Service(s) or deliverable(s), within the time specified in the notice issued under clause 9(a)(ii), YSC may either have the Services or deliverable(s), remedied or re-performed by a third party or do so itself. In either case, the Supplier must pay the reasonable costs incurred by YSC in doing so. (c) Nothing in this clause 9 derogates or otherwise limits any other remedy available to YSC at Law.

Failure to Perform Services. In the event Lessor cannot or will not perform its obligations in any or all parts of this Equipment Lease Agreement, it (or a responsible party) will:

Failure to Perform Services. Franchisee ceases to provide collection, transportation, processing, or street sweeping services as required under this Agreement for a period of two (2) consecutive calendar days or more, for any reason within the control of Franchisee.

Failure to Perform Services. In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

Failure to Perform Services. In the event Designer cannot or will not perform her obligations in any or all parts of this Agreement, she (or a responsible party) will: Immediately give Notice to Client; Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and Excuse Client of further performance obligations in this Agreement.

Failure to Perform Services. In the event Photographer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

Failure to Perform Services. Failure by the Contractor to perform a IV&V service, submit, or complete, an acceptable IV&V work product or IV&V Contractor Deliverable as identified in the Scope of Work or meet a IV&V Key Contractor Milestone as identified in the approved project schedule may result in failure by DCF or its DDI, PMO, and/or QA Contractors to submit, or complete, an acceptable work product or deliverable or meet a key milestone as identified in the approved project schedule. If this failure by the Contractor results in an adjustment to other key project milestones or an extension to the project schedule which necessitates a modification or extension to the DDI, QA, and/or PMO contracts, DCF may impose liquidated damages in an amount equal to the increased cost of the DDI, QA, and/or PMO contracts. If a failure to perform a IV&V service, submit, or complete an acceptable IV&V work product or IV&V Contractor Deliverable or meet a IV&V Key Contractor Milestone is solely the result of delayed review, input, action, or inaction by DCF, or its DDI, PMO, QA Contractors, and/or other contractors then no liquidated damages shall accrue under this Section.

Failure to Perform Services. ‌ 10.1 In the event that the Contractor commits (or believes that it is likely to commit) a Service Level Failure or fails to perform (or believes that it is likely to fail to perform) the Services or any of its other obligations in accordance with this Service Agreement, which shall include (for the avoidance of doubt) failure to meet a Milestone in accordance with clause 7 (Implementation), for any reason, it shall promptly:‌ 10.1.1 notify the Commission of the failure or anticipated failure in question, the reason for such failure (including whether it is, or is likely to be, due to a Commission Default or the occurrence of a Force Majeure Event) and the likely effect on the Services; 10.1.2 as soon as reasonably possible and in any event within 5 Clear Working Days of such notification, submit to the Commission for its approval (which shall not be unreasonably withheld or delayed) a rectification plan of the action that it will undertake to rectify such failure, prevent the failure from occurring or to otherwise mitigate the effect of the failure ("Rectification Plan");‌ 10.1.3 arrange all additional resources and take all remedial action that is necessary to rectify or to prevent the failure in accordance with the Rectification Plan; and 10.1.4 perform or re-perform the relevant Services in accordance with the Rectification Plan as soon as practicable. 10.2 If and to the extent only that the Contractor is unable to perform the Services in accordance with this Service Agreement as a direct result of the Commission's failure to comply with any Commission Responsibilities in Schedule A7 or any other obligation under this Service Agreement (unless and to the extent caused or contributed to by the Contractor) ("Commission Default") subject always to compliance with clause 10.1, the Contractor shall be entitled to:‌ 10.2.1 a reasonable extension of time to perform the relevant Services (but in no case any extension to the Term of this Service Agreement); 10.2.2 (at the Commission's discretion, to be exercised reasonably), compensation in respect of any reasonable additional loss and/or expense calculated in accordance with clause 10.3; and 10.2.3 relief from liability in respect of its failure to properly perform the Services in accordance with this Service Agreement (including any liability in respect of Liquidated Damages arising due to any failure to Achieve a Key Milestone or Service Credits arising due to any failure to meet a Service Level). 10.3 Any com...