Material Breach of Contract. In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.
Material Breach of Contract. In the event Vendor fails in their delivery of services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five
Material Breach of Contract. The Supplier's bankruptcy, insolvency, breach of other material economic conditions, repeated breaches of instructions or infringement of public laws and regulations, fraud, negligence or other circumstances that breach the relationship with the Client, or any delay or failure that results in non-achievement of the Client's purpose with the Agreement, will always constitute a material breach of contract. The list in this clause is not to be considered exhaustive in relation to assessment of what constitutes a material breach of contract.
Material Breach of Contract. If the University Board receives notice that (i) an order has been issued by the State School Reform/Redesign Officer under Section 1280c(2) of the Code, MCL 380.1280c(2), placing an Academy site or sites under the supervision of the State School Reform/Redesign Officer; or (ii) an order is issued by the State School Reform/Redesign Officer appointing a Chief Executive Officer to take control of an Academy site or sites pursuant to Section 1280c(7) of the Code, MCL 380.1280c(7), the Charter Schools Office Director may, at his or her discretion, deem such actions a material breach of this Contract. If the Charter Schools Office Director determines that the issuance of such an order constitutes a material breach of this Contract, the Charter Schools Officer Director shall notify the Academy of the material breach and request a meeting with Academy Board representatives to discuss the matter. To remedy the material breach, the Academy shall work toward the development of a corrective action plan within thirty (30) days that is acceptable to the Charter Schools Office Director. In addition to other matters, the corrective action plan shall include the Academy’s redesign plan, if applicable, prepared pursuant to section 1280c of the Code, MCL 380.1280c. The development of a corrective action plan under this Section 10.8 shall not in any way limit the rights of the University Board to revoke, terminate, or suspend this Contract. If the Charter Schools Office Director determines that the Academy is unable to develop a corrective action plan that can remedy the material breach and that is acceptable to the University, the Charter Schools Office Director shall recommend that the University Board terminate the Contract at the end of the current school year. If the University Board approves to terminate the Contract under this Section 10.8, the Contract shall be terminated at the end of the current school year without any further action of either party. If this Contract is terminated pursuant to this Section 10.8, the termination and revocation procedures in Section 10.2 and Section 10.6 shall not apply.
Material Breach of Contract. In the event Employee materially breaches the contract.
Material Breach of Contract. The occurrence of the failure to make a required payment when due in the time and manner provided for in this Agreement shall constitute a material breach of contract under this Agreement.
Material Breach of Contract. The issuance of an order by the Superintendent of Public Instruction, pursuant to section 1280C of the Code, placing the Academy under the supervision of the State School Reform/ Redesign Officer, shall constitute a material breach of this Contract. Following the issuance of the order, the University Charter Schools Office shall notify the Academy of the material breach and request a meeting with Academy Board representatives to discuss the matter. To remedy the material breach, the Academy shall work toward the development of a corrective action plan that is acceptable to the University Charter Schools Office. In addition to other matters, the corrective action plan shall include the Academy’s redesign plan prepared pursuant to section 1280C of the Code. The development of a corrective action plan under this Section 10.8 shall not in any way limit the rights of the University Board to terminate, suspend, or revoke this Contract.
Material Breach of Contract. In case of the service provider’s material breach of contract, willful misconduct or gross negligence of obligations under this contract, IMS shall have the right to terminate the contract with immediate effect and the service provider shall indemnify IMS in accordance with general principles of Danish law. In case of material breach of this contract IMS shall have any and all remedies available to it under general principles of Danish law. IMS, at its sole and exclusive discretion, shall be entitled to enforce claims (including the right to claim a refund of all payments made and indemnification of losses related to the breach of contract).
Material Breach of Contract. If the defective performance constitutes a material breach of contract, the purchaser is entitled to:
Material Breach of Contract. The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, take any or all of the following actions:
a) Terminate the Contract immediately, pursuant to Section K herein. In the event the County exercises its right to terminate the Contract due to Contractor’s lack of compliance with the schedule of capital improvements, as set forth in more detail in Attachment A, Contractor shall pay all funds provided to the Contractor under this Contract;
b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach;
c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and/or
d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.
