Grounds for Default. The WDC shall have the right to declare the Contractor in default:
1. Upon a breach by the Contractor of a material term or condition of this Contract, including unsatisfactory performance of the services;
2. Upon insolvency or the commencement of any proceeding by or against the Contractor, either voluntarily or involuntarily, under the Bankruptcy Code or relating to the insolvency, receivership, liquidation, or composition of the Contractor for the benefit of creditors;
3. If the Contractor refuses or fails to proceed with the services under the Contract when and as directed by the Executive Director;
4. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are indicted or convicted after execution of the Contract under any state or federal law of any of the following:
a. a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract;
b. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving stolen property;
c. a criminal violation of any state or federal antitrust law; d. violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;
e. conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any statute described in subparagraph (d) above; or
f. an offense indicating a lack of business integrity that seriously and directly affects responsibility as a WDC vendor.
5. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are subject to a judgment of civil liability under any state or federal antitrust law for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or
6. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities makes or causes to be made any false, deceptive, or fraudulent material statement, or fail to make a required material statement in any bid, proposal, or application for WDC, City of N...
Grounds for Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant:
A. The material falsity of any financial statements of Tenant or any Guarantor of this Lease given to Landlord as an inducement to enter into this Lease, or Tenant’s failure, during the existence of this Lease, to produce current financial statements as requested by Landlord or any lender of Landlord, respecting the center or the Premises, within twenty (20) days following Landlord’s written request to Tenant therefor. The identity of any such Guarantor, and the obligations of any such Guarantor relating to this Lease, are set forth, if applicable, in Exhibit “C” hereto.
B. The legal abandonment of the Premises by Tenant.
C. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due where such failure shall continue for a period of three (3) days after written notice thereof from Landlord to Tenant may specify and require that all such delinquent payments (including, without limitation, returned checks) shall, at Landlord’s option, be tendered by Tenant to Landlord in the form of a cashier’s check or money order, as a condition precedent to Tenant’s cure of such default. Landlord may, in the event of any such failure by Tenant, also require Tenant to pay, in the form of a cashier’s check or money order, in Landlord’s sole discretion, any future payments of rent or other monetary amounts becoming due hereunder during the next succeeding twelve (12) month period of the term hereof.
D. The failure of Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in subparagraph (c), above, or as specifically provided elsewhere herein, where such failure shall continue for a period of twenty (20) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s default is such that more than twenty (20) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said twenty (20) day period and thereafter diligently pursues such cure to completion.
E. The making by Tenant of any general assignment for the benefit of creditors.
F. The filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law ...
Grounds for Default. KCAG shall have the right to declare the Consultant in default:
i. Upon a breach by the Consultant of a material term or condition of this Contract, including unsatisfactory performance of the services;
ii. Upon insolvency or the commencement of any proceeding by or against the Consultant, either voluntarily or involuntarily, under the Bankruptcy Code or relating to the insolvency, receivership, liquidation, or composition of the Consultant for the benefit of creditors;
iii. If the Consultant refused or fails to proceed with the services under the Contract when and as directed by the Executive Director of KCAG;
iv. If the Consultant or any of its officers, directors, partners, five percent (5%) or greater of its shareholders, principals or other employee or person substantially involved in its activities are indicted or convicted after execution of this Contract under any California or federal law of any of the following:
(A) a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract;
(B) fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving stolen property;
(C) a criminal violation of any California or federal anti-trust law;
(D) violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § 1961 et. seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et. seq., for acts in connection with the submission of bids or proposals for a public or private contract;
(E) conspiracy to commit any act or omission that would con statute grounds for conviction or liability under any statute described in subparagraph (D), above; or
(F) any offense indicating a lack of business integrity that seriously and directly affects responsibility as a KCAG vendor.
v. If the Consultant or any of its officers, directors, partners, five percent (5%) or greater of its shareholders, principals or other employee or person substantially involved in its activities are subject to a judgment of civil liability under California or federal anti- trust law for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or
vi. If the Consultant or any of its officers, directors, partners, five percent (5%) or greater of its shareholder, principals or other employee or person substantially involved in its activities makes or causes to be made any false, deceptive, or fraudulent material statement, or fails to make a required material statement ...
Grounds for Default. Failure of the Resident to perform or abide by any of the obligations or conditions of this Lease Agreement or of the Rules and Regulations shall constitute a default. After default, or failure to comply with a notice to quit, as the case may be, Oakbrook may commence eviction proceedings. Failure to comply with Oakbrook Rules shall in all cases be a default and may also result in the commencement of eviction proceedings.
Grounds for Default. This Agreement may be terminated by either Party (“Non- Defaulting Party”), pursuant to Article 12below, upon the occurrence of a material breach of this Agreement by the other Party (“Defaulting Party”), including, but not limited to, any of the circumstances delineated in Attachment 6.
Grounds for Default. The Consultant is in default of the Airport Project Contract if the Consultant:
Grounds for Default. Borrower shall be in default upon (a) failure of any Borrower or Grantor to pay any amount due to the Bank as agreed, (b) noncompliance with or nonperformance of any Borrower's or Grantor's obligations, affirmations, warranties or agreements hereunder or under any other instrument or agreement executed by any Borrower or Grantor in favor of the Bank now existing or hereafter arising, including, without limitation, any loan agreement, loan commitment, promissory note, deed of trust, security agreement or assignment, (c) the death, or declaration of incompetency, of any individual Borrower or any guarantor or other person or entity obligated to pay the indebtedness evidenced hereby (or the dissolution, merger or reorganization of any corporate Borrower or any corporate guarantor or other person or entity obligated to pay the indebtedness evidenced hereby), (d) loss or destruction of any collateral securing payment to the Bank, (e) filing of any petition in bankruptcy, reorganization or insolvency by or against any Borrower or Grantor or guarantor or other person or entity obligated to pay the indebtedness evidenced hereby, (f) determination by the Bank that any information supplied to the Bank by the Borrower or Grantor or any guarantor in connection with this credit is materially false or incomplete, (g) any guarantor failing to satisfy or comply with the terms of any guaranty agreement in favor of the Bank, (h) determination by the Bank that the prospect of payment of this obligation is impaired, or (i) the Bank deeming itself insecure.
Grounds for Default. The WDC shall have the right to declare the Contractor in default:
1. Upon a breach by the Contractor of a material term or condition of this Contract, including unsatisfactory performance of the services;
2. Upon insolvency or the commencement of any proceeding by or against the Contractor, either voluntarily or involuntarily, under the Bankruptcy Code or relating to the insolvency, receivership, liquidation, or composition of the Contractor for the benefit of creditors;
3. If the Contractor refuses or fails to proceed with the services under the Contract when and as directed by the Executive Director;
4. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are indicted or convicted after execution of the Contract under any state or federal law of any of the following:
a. a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract;
b. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving stolen property;
c. a criminal violation of any state or federal antitrust law; d. violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;
