Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
(1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work.
(2) Developer assigns the Agreement without the prior written consent of City.
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency.
(4) Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement.
(5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. City may serve written notice of breach and default upon Developer and the financial institution holding the securities.
Notice of Breach and Default. After commencement of work upon the Public Improvements, if DEVELOPER refuses or fails to obtain prosecution of the work, or any several parts thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or DEVELOPER should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed in the event of DEVELOPER's insolvency, or if DEVELOPER or any of DEVELOPER's contractors, subcontractors, supplier, agents or employees, should materially violate any of the provisions of this Agreement, CITY's City Manager or City Council may serve written notice upon DEVELOPER and the applicable surety of breach of this Agreement, or any portion thereof, and default of DEVELOPER.
Notice of Breach and Default. If Developer refuses or fails to commence or diligently pursue, or complete the work, or any part thereof, so as to ensure completion of the Improvements within the time specified, or any extensions thereof, or if the Developer should be adjudged a bankrupt, or if the Developer should make a general assignment for the benefit of Developer's creditors, or if a receiver should be appointed in the event of Developer's insolvency, or if Developer, or any of Developer's contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement, City Engineer or City Council may serve written notice upon Developer and Developer's surety of breach of this Agreement, and default of Developer.
Notice of Breach and Default. Subdivider shall be in default of this Agreement if Subdivider refuses or fails to commence and diligently prosecute to completion the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said Work within such time or if the Subdivider should be adjudged a bankrupt, or if the Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency, or if Subdivider, or any of Subdivider’s contractors, subcontractors, agents or employees, should violate any of the provisions of this Agreement. In such case, City Engineer or City Council may serve written notice upon Subdivider and Subdivider’s surety in accordance with Section 23, of Subdivider’s default.
Notice of Breach and Default. If any Event of Default occurs after substitution of security, the City shall serve written notice upon Developer and Developer’s surety of the occurrence of an Event of Default, and Developer’s breach of this Agreement.
Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
A. Developer refuses or fails to complete the On-Site Remediation Work within the time set forth herein (other than based upon force majeure) or abandons the Work.
B. Developer assigns the Agreement without the prior written consent of City, which consent shall not unreasonably be withheld or delayed.
C. Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency.
D. Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement within thirty (30) days after receipt of a written notice of default from the City.
E. Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.
Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, City Engineer or city Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof and default of Subdivider.
Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
(1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work.
(2) Developer assigns the Agreement in violation of Section 30 below.
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer’s insolvency.
(4) Developer or Developer’s contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement.
(5) Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.
(6) Developer fails to maintain insurance in the amounts and subject to the terms required in Sections 18 and 19 above. The City may serve written notice of breach and default upon Developer and the financial institution holding the bonds.
Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
X. Xxxxxxxxx refuses or fails to complete the Work within the time set forth herein (other than based upon force majeure) or abandons the Work.
B. Developer assigns the Agreement without the prior written consent of City, which consent shall not unreasonably be withheld or delayed.
X. Xxxxxxxxx is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency.
D. Developer or Developer's contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement within 15 days after receipt of a written notice of default from the City.
E. Any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the bonds enumerated in section 15(A) above (.
Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
(1) Xxxxxxxxx refuses or fails to complete the Work within the time set forth herein or abandons the Work;
(2) Developer assigns the Agreement without the prior written consent of City;
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Xxxxxxxxx’s insolvency;
(4) Developer or Developer’s consultants, contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement or
(5) There is any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property. The City may serve written notice of breach and default upon Developer and the financial institution holding the bonds.
