Notice to Cure. Executive may not be terminated for Cause unless and until there has been delivered to Executive written notice from the Board supplying the particulars of Executive’s acts or omissions that the Board believes constitute Cause, a reasonable period of time (not less than thirty (30) days) has been given to Executive after such notice to either cure the same or to meet with the Board, with his attorney if so desired by Executive, and following which the Board by action of not less than two-thirds of its members furnishes to Executive a written resolution specifying in detail its findings that Executive has been terminated for Cause as of the date set forth in the notice to Executive.
Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to his workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice (letter, facsimile, or email) to commence and continue satisfactory correction and curing of such default with diligence and promptness, then Contractor, without prejudice to any legal or equitable rights or remedies, shall have the right to any or all of the following remedies:
(a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor's Work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including fifteen percent (15%) for overhead and profit, and actual attorney's fees incurred as a result of Subcontractor's failure of performance;
(b) contract with one or more additional contractors to perform such part of Subcontractor's Work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost including overhead and profit thereof to Subcontractor; and
(c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor.
(d) Terminate for default Subcontractor's rights under this Agreement and use any materials, implements, equipment, appliances or tools furnished by or belonging to Subcontractor to complete Subcontractor's Work without any further compensation to Subcontractor for such use. Contractor also may furnish those materials and equipment, and/or employ such workers or subcontractors as Contractor deems necessary to maintain the orderly progress of the Work. In such case, Subcontractor shall be entitled to no further payment until the balance of Subcontractor's Work has been completed. At that time, all of the costs incurred by Contractor in performing Subcontractor's Work, including a markup of fifteen perce...
Notice to Cure. If Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the Schedule of Subcontractor’s Work, or fails to make prompt payment to its workers, lower tier subcontractors or suppliers, or disregards Laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a material breach of a provision of this Subcontract, Subcontractor shall be deemed in default of this Subcontract. If Subcontractor fails within three (3) working days after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then CH2M HILL, without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies:
1. supply workers, materials, equipment and facilities as CH2M HILL deems necessary for the completion of Subcontractor’s Work or any part which Subcontractor has failed to complete or perform after written notification, and charge the cost, including reasonable overhead, profit, attorneys’ fees, costs and expenses to Subcontractor;
2. contract with one or more additional contractors to perform such part of Subcontractor’s Work as CH2M HILL determines will provide the most expeditious completion of Subcontractor’s Work, and charge the cost to Subcontractor as provided under Clause 10.1.1.1; and/or
3. withhold any payments due Subcontractor pending corrective action in amounts sufficient to cover losses and compel performance to the extent required by and to the satisfaction of CH2M HILL. In the event of an emergency affecting the safety of persons or property, CH2M HILL may proceed as above without notice.
Notice to Cure. If the Architect fails or refuses to comply with any provisions of the Agreement, the Owner may give the Architect written notice to cure the condition of noncompliance within a reasonable, stated time, but not less than ten days after the Architect receives the notice.
Notice to Cure. If the Contractor refuses or fails to supply enough properly skilled workers, proper materials, and/or equipment, to maintain the approved project schedule in accordance with Article 6, or it fails to make prompt payment to its workers, subcontractors or suppliers, disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or is otherwise guilty of a material breach of a provision of this Agreement the Contractor may be deemed in default of this Agreement. If the Contractor fails within seven (7) working days after written notification to commence and continue satisfactory correction of such default, with diligence and promptness, then the Owner without prejudice to any other rights or remedies may: .1 supply such number of workers and quantity of materials, equipment and other facilities as the Owner deems necessary for the satisfactory correction of such default, which the Contractor has failed to complete or perform after the aforesaid notice, and charge the cost thereof to the Contractor, who shall be liable for the payment of same including reasonable overhead, profit and attorneys’ fees;
Notice to Cure. If the Subcontractor is unable, refuses or fails to supply enough properly-skilled workers, proper materials, or maintain the Schedule of Work, or fails to make prompt payment to its workers, subcontractors or suppliers, or disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a material breach of a provision of this Agreement, the Subcontractor shall be deemed in default of this Agreement. If the Subcontractor fails within one (1) business day after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then the Contractor without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: .1 supply workers, materials, equipment and facilities as the Contractor deems necessary for the completion of the Subcontract Work or any part which the Subcontractor has failed to complete or perform after written notification, and charge the cost, including reasonable overhead, profit, legal fees, costs and expenses to the Subcontractor;
Notice to Cure. The WDC shall give written notice of the conditions of default signed by the Executive Director, setting forth the ground or grounds upon which such default is declared (“Notice to Cure”). The Contractor shall have ten (10) days from receipt of the Notice to Cure or any longer period that is set forth in the Notice to Cure to cure the default. The Executive Director may temporarily suspend services under the Contract pending the outcome of the default proceedings pursuant to this section.
Notice to Cure. If Subcontractor at any time refuses or neglects to supply enough properly skilled workers and proper materials, or fails to properly and diligently prosecute the work covered by this Agreement, or fails to make prompt payment to its workers, sub-subcontractors or suppliers, or becomes delinquent with respect to contributions or payments required to be made to any health and welfare, pension, vacation, apprenticeship or other employee benefit program or trust, fails to provide evidence of insurance satisfactory to the Contractor, or fails to provide adequate assurance pursuant to Section 14.1. 1, or is otherwise guilty of a material breach of a provision of this Agreement, and fails within forty-eight (48) hours after receipt of written notice to commence and continue satisfactory correction of such default with diligence and promptness, then Contractor, without prejudice to any rights or remedies, shall have the right to any or all of the following remedies:
(a) supply such number of workers and quantity of materials, equipment and other facilities as Contractor deems necessary for the completion of Subcontractor’s work, or any part thereof which Subcontractor has failed to complete or perform, and charge the cost thereof to Subcontractor, who shall be liable for the payment of same including reasonable overhead, profit, and actual attorneys’ fees incurred as a result of Subcontractor’s failure of performance;
(b) contract with one or more additional contractors to perform such part of Subcontractor’s work as Contractor shall determine will provide the most expeditious completion of the total work and charge the cost thereof to Subcontractor including a fee of 15% for Contractor’s administration, supervision, and overhead; and
(c) withhold payment of any monies due Subcontractor pending corrective action to the extent required by and to the satisfaction of Contractor. In the event of an emergency affecting the safety of persons or property, Contractor may proceed as above without notice.
Notice to Cure. Xx. Xxxxxx may not be terminated for Cause unless and until there has been delivered to him written notice from the Board supplying the particulars of his acts or omissions that the Board believes constitute Cause and a reasonable period of time (not less than thirty (30) days) has been given to Xx. Xxxxxx after such notice to cure the same.
Notice to Cure. If any of the above reasons exist, CES shall notify Contractor in writing that Contractor is in default of this Master Agreement and/or individual Work Order. Contractor shall have five (5) days after receipt of this notification to either (1) commence and continue correction of the default with diligence and promptness to CES' satisfaction, or (2) present to CES a plan to correct the default in a timely manner that is satisfactory to CES.
