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Common use of Material Breach of Contract Clause in Contracts

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.

Appears in 73 contracts

Samples: Construction Contract, Contract for Synthetic Turf Replacement, Construction Contract

Material Breach of Contract. In the event Contractor Consultant 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 Contractorconsultant’s failure to cure such breach within the time specified in the noticebreach, 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 ContractorConsultant. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

Appears in 64 contracts

Samples: Professional Services, Engineering Services Agreement, Building Inspection Services Contract

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 noticebreach, 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.

Appears in 43 contracts

Samples: Contract, Contract, Construction Contract

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-Non- performance after the first notice of non-performance shall be considered a material breach of contract.

Appears in 21 contracts

Samples: Contract, Construction Contract, Construction Contract

Material Breach of Contract. In the event Contractor Consultant 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 Contractorconsultant’s failure to cure such breach within the time specified in the noticebreach, 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 ContractorConsultant. Non-performance after the first notice of non-non- performance shall be considered a material breach of contract.

Appears in 13 contracts

Samples: Professional Services, Design Services Agreement, Engineering Services Agreement

Material Breach of Contract. In the event Contractor Vendor fails to deliver the product and related 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 Contractorvendor’s failure to cure such breach within the time specified allowed in the City’s notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or and related services from payment due the ContractorVendor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

Appears in 7 contracts

Samples: Contract, Supply Agreement, Contract

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 noticebreach, 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-non- performance shall be considered a material breach of contract.

Appears in 3 contracts

Samples: Contract, Construction Contract, Construction Contract