For Default. If the Contractor refuses or fails to perform the services or any separable part thereof in a timely or workmanlike manner in accordance with the Contract, or otherwise fails, in the sole opinion of CCPRC, to comply with any of the terms and conditions of the Contract deemed, in the sole opinion of CCPRC, to be material (including, without limitation, the requirement that Contractor obtain and maintain in force all necessary permits), such refusal or failure shall be deemed a default under this Contract. In the event of a default under this section, CCPRC shall have the right to terminate forthwith this Contract by written notice to the Contractor. In the event of such default, the advance notice period for termination is waived and the Contractor shall not be entitled to any costs or damages resulting from a termination under this section. Whether or not the Contractor's right to proceed with the Work is terminated, it and its sureties shall be liable for any damage to CCPRC resulting from Contractor's default. Any wrongful termination for default shall be deemed by the Parties a termination for convenience.
For Default. Either party may terminate the Agreement upon giving written notice to the other party in the event the other party is in breach of a material provision of this agreement and shall have failed to cure such breach within thirty (30) days.
For Default. In the event either Party violates any provisions of this Agreement, the non-violating Party may serve written notice upon the violating Party identifying the violation and providing a reasonable cure period. Except as otherwise noted herein, such cure period shall be at least thirty (30) days. In the event the violating Party has not remedied the infraction at the end of the cure period, the non-violating Party may terminate this Agreement, and seek legal remedies for breach of contract as allowed hereunder. If the breach identified in the notice cannot be completely cured within the specified time period, no default shall occur if the Party receiving the notice begins curative action within the specified time period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable.
For Default. If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor’s failure to perform is without his or his subcontractor’s control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami.
For Default. (i) XXXXXXX may by written Notice of Default to SUPPLIER, terminate this Purchase Order in whole or in part, or, at XXXXXXX’x sole discretion, require SUPPLIER to post such financial assurance as XXXXXXX xxxxx reasonably necessary, if SUPPLIER fails to: (1) deliver ARTICLES within the time specified in this Purchase Order or any extension; (2) make progress, so as to endanger performance of this Purchase Order, or (3) perform any of the other provisions of this Purchase Order.
For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten (10) days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of such termination by the City, the City shall be liable to pay the Contractor for Services performed as of the effective date of termination, but shall not be liable to Contractor for anticipated profits; provided, however, that the Contractor shall not be relieved of liability to the City for any damages sustained by the City by virtue of any default under this Contract, and the City may withhold payment to the Contractor for the purposes of setoff until such time as the exact amount of damages is determined.
For Default. In the event that either party fails to perform any of its material duties or obligations pursuant to this Agreement and such failure is not cured within 30 days after written notice to such party specifying the nature of such failure, the other party may terminate this Agreement upon notice of such termination to the defaulting party.
For Default. In the event Patient defaults or breaches any term of this Agreement, including the failure to remain current in the payment of his or her Membership Fees, or any other amounts owing to the Clinic by Patient, the Clinic may, at its option, provide notice of default to the Patient and provide 10 days for Patient to cure such default. If, after notice of default, Patient fails to cure the instance/s of default, the Clinic reserves the right to terminate this Agreement, effective immediately. If the Agreement is terminated under this section 2.6.2, the Patient shall be entitled to a refund or credit of any prepaid Membership Fees on a pro-rated basis (e.g., if Membership Fees have been paid through December 31 and the Agreement is terminated on the basis of Patient’s default on December 12, the Patient shall be entitled to receive 19/31 of the payment for December). Provided, however, that nothing in this paragraph shall relieve Patient’s duty to timely pay all amounts due and owing to the Clinic.
For Default. Without prejudice to any other legal or equitable remedy or remedies either party may have, this Agreement may be terminated by either party by written notice for breach of any material provision of this Agreement if such breach remains uncured after the giving of not less than [*] prior written notice to the breaching party of the existence of such breach and intent to terminate.
For Default. DFS may terminate for default if:
(i) BancTec commits a material breach of this Agreement that cannot reasonably be cured within 60 days;
(ii) BancTec commits a material breach of this Agreement that can reasonably be cured within 60 days but fails to use diligent efforts to cure such material breach without delay or does not cure such material breach within 60 days after the date BancTec receives written notice of the breach from DFS; (iii) DFS has suffered damages for which BancTec is responsible in an amount exceeding ***; or
