Non Performance by Contractor Sample Clauses

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: 11.1 suspend any or all payment of the Fee until the breach is remedied; and/or 11.2 remedy the breach itself whether by the use of the Council's employees or other Contractors and deduct the cost of remediation from any Fee due to the Contractor; and/or 11.3 terminate this agreement in accordance with clause 13.1; and/or 11.4 pursue any other legal remedies available to the Council.
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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: (i) require the Contractor to take corrective action as directed by XxxXxxxxxx; and/or (ii) require the Contractor to undertake training; (b) In exercising its discretion pursuant to clause 11.1(a), VicForests will take into account, past performance of the Contractor under this Agreement and interruptions to the performance of Services which are of a general operational nature that are beyond the control of the Contractor including, for example, road closures and wet weather.
Sample 1
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. 6.7.2 If the CONTRACTOR fails to perform as per the expectations of the OWNER/PROJECT MANAGER and consistently fails to achieve intermediate milestones as mentioned in the contract or fails to proceed with due diligence in the performance of his part of the contract or fails to make such due progress as would enable the works to be completed within period agreed, then in addition to the action proposed in clause 11 hereinafter, the OWNER/PROJECT MANAGER shall take recourse to the following (as per clause 6.7.3) : 6.7.3 After giving 7 days notice of non-performance to the CONTRACTOR, as per clause 11 hereinafter, the OWNER/PROJECT MANAGER shall be at liberty to remove items or part of the scope of the works of this contract and get the same executed by third party at the CONTRACTOR’s risk and cost. The OWNER/PROJECT MANAGER has the right to recover the cost difference between the actual amount spent by the OWNER/PROJECT MANAGER in getting these works executed by third party and the amount that would have been payable to the CONTRACTOR at the quoted rates of this contract.
Sample 1
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: (a) to require the Contractor to provide suitable alternative Contractor's Equipment (including if appropriate an alternative Vessel by mutual agreement); or (b) to shut down operations until such time as the Contractor shall have made good the specified failure. For any such period of shutdown Britoil shall pay the Contractor zero dayrate; or (c) to terminate the Contract if such failure is not remedied in accordance with the revisions of Clause 17.1.
Sample 1

Related to Non Performance by Contractor

  • Performance by Contractor The Contractor, at the Contractor's own expense, shall, except as herein otherwise specifically provided, furnish and provide all and every kind of labour and superintendence, services, tools, implements, machinery, plant materials, articles and whatsoever is necessary for the due execution of the work. The Contractor shall fully construct and erect the work in the most thorough, professional and substantial manner, in every respect to the satisfaction and approval of the Engineer. The Contractor shall complete the work within the time specified herein and deliver it to the Minister in the manner and upon the terms and conditions of the Contract.

  • Non-Performance The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • Performance by Seller Seller shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by each of them, on or before the Closing Date.

  • Performance by Buyer Buyer shall have performed and complied with all covenants and agreements and satisfied all conditions required by this Agreement to be performed by Buyer on or before the Closing Date.

  • CONTRACTOR’S PERFORMANCE 2.21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he or she shall direct Contractor to take all remedial steps to conform to these standards

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Buyer’s Performance All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been performed and complied with in all material respects.

  • Performance by Purchaser Purchaser shall have performed, satisfied and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by Purchaser at or prior to the Closing Date.

  • Seller’s Performance All of the covenants and obligations that Seller is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), shall have been duly performed and complied with in all material respects.

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