Non Performance by Contractor. If the Contractor breaches a provision of this agreement and fails to remedy the breach within a reasonable time after receiving notice requiring it to do so, the Council may:
Non Performance by Contractor. (a) If the Contractor fails to meet its obligations under this Agreement (including its obligations under clauses 5 and 6 of this Agreement), then without prejudice to any of its other rights under this Agreement, VicForests may in its sole and absolute discretion do one or more of the following:
Non Performance by Contractor. In the event the Contractor fails to perform any of its obligations or to provide any of the Contractor's Equipment or in the event that the Contractor's Equipment fails to meet the manufacturer's recommended performance for such equipment so as to make operations unsafe or to reduce substantially the efficiency thereof, Britoil's Representative shall notify the Contractor in writing specifying the nature of such failure and shall require the Contractor to make good or procure that it be made good that part of the Services which has not been performed in accordance with the Contract. Should the Contractor fail to remedy, or commence and proceed with timely due diligence to remedy such default or failure within ten (10) calendar days (or such other period as may be agreed), then Britoil shall, immediately thereafter, without prejudice to any rights available to Britoil under common law or statute, have the right to take any of the following actions:
Non Performance by Contractor. 6.7.1 If the CONTRACTOR, except on account of any legal restraint upon the OWNER/PROJECT MANAGER, is preventing the continuance of the work or in case of a certificate for interim payment not paid within the period for honouring certificate, shall suspend the works or in the opinion of the ENGINEER shall neglect or fail to proceed with due diligence in the performance of his part of the Contract or if he shall more than once make default in respect of Scope of Contract, the OWNER/PROJECT MANAGER and/or the ENGINEER shall have the power to give notice in writing to the CONTRACTOR requiring that the work be proceeded within a reasonable manner and with reasonable dispatch, such notice shall purport to be a notice under this clause. After such notice shall have been given, the CONTRACTOR shall not be at liberty to remove from the site of the works or from any ground contiguous thereto any plant or materials belonging to him which shall have been placed thereon for the purpose of the works and the OWNER/PROJECT MANAGER shall have a lien upon all such plant and materials to subsist from the date of such notice being given until the notice shall have been compiled with. If the CONTRACTOR shall fail for 7 days after such notice has been given to proceed with the works as therein prescribed, the OWNER/PROJECT MANAGER may proceed as provided in Clause 11.0 hereinafter.
