Common use of Notice to Cure Clause in Contracts

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 Subcontractor at any time refuses or fails neglects to supply enough properly skilled workers, workers and proper materials, or maintain fails to properly and diligently prosecute the Schedule of Subcontractor’s Workwork covered by this Agreement, or fails to make prompt payment to its his workers, lower tier sub-subcontractors or suppliers, or disregards Lawsbecomes delinquent with respect to contributions or payments required to be made to any health and welfare, ordinancespension, rulesvacation, regulations apprenticeship or orders of any public authority having jurisdictionother employee benefit program or trust, or is otherwise is guilty of a material breach of a provision of this SubcontractAgreement, Subcontractor shall be deemed in default of this Subcontract. If Subcontractor and fails within three forty-eight (348) working days hours after receipt of written notification notice to commence and continue satisfactory correction of the such default with diligence and promptness, then CH2M HILLContractor, without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: 1. (a) supply workers, such number of workers and quantity of materials, equipment and other facilities as CH2M HILL Contractor deems necessary for the completion of Subcontractor’s Work work, or any part thereof which Subcontractor subcontractor has failed to complete or perform after written notificationperform, and charge the costcost thereof to Subcontractor, who shall be liable for the payment of the same including reasonable overhead, profit, and actual attorneys’ fees, costs and expenses to fees incurred as a result of Subcontractor’s failure of performance; 2. (b) contract with one or more additional contractors to perform such part of Subcontractor’s Work Subcontractors work as CH2M HILL determines Contractor shall determine will provide the most expeditious completion of Subcontractor’s Work, the total work and charge the cost thereof to Subcontractor as provided under Clause 10.1.1.1Subcontractor; and/orand 3. (c) withhold payment of any payments moneys 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 HILLContractor. In the event of an emergency affecting the safety of persons or property, CH2M HILL Contractor may proceed as above without notice.

Notice to Cure. If Subcontractor at any time refuses or fails neglects to supply enough properly skilled workers, workers and proper materials, or maintain fails to properly and diligently prosecute the Schedule of Subcontractor’s Workwork covered by this Agreement, or fails to make prompt payment to its his workers, lower tier sub-subcontractors or suppliers, or disregards Lawsbecomes delinquent with respect to contributions or payments required to be made to any health and welfare, ordinancespension, rulesvacation, regulations apprenticeship or orders of any public authority having jurisdictionother employee benefit program or trust, or is otherwise is guilty of a material breach of a provision of this SubcontractAgreement, Subcontractor shall be deemed in default of this Subcontract. If Subcontractor and fails within three forty-eight (348) working days hours after receipt of written notification notice to commence and continue satisfactory correction of the such default with diligence and promptness, then CH2M HILLContractor, without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: 1. : (a) supply workers, such number of workers and quantity of materials, equipment and other facilities as CH2M HILL Contractor deems necessary for the completion of Subcontractor’s Work 's work, or any part thereof which Subcontractor has failed to complete or perform after written notificationperform, and charge the costcost thereof to Subcontractor, who shall be liable for the payment of same including reasonable overhead, profit, and actual attorneys’ fees, costs and expenses to ' fees incurred as a result of Subcontractor; 2. 's failure of performance; (b) contract with one or more additional contractors to perform such part of Subcontractor’s Work 's work as CH2M HILL determines Contractor shall determine will provide the most expeditious completion of Subcontractor’s Work, the total work and charge the cost thereof to Subcontractor as provided under Clause 10.1.1.1Subcontractor; and/or 3. and (c) withhold payment of any payments monies 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 HILLContractor. In the event of an emergency affecting the safety of persons or property, CH2M HILL Contractor may proceed as above without notice.

Notice to Cure. If if the Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the Schedule of Subcontractor’s Work, . or it fails to make prompt payment to for its workers, lower . lower-tier subcontractors or suppliers, or . disregards Laws, laws. ordinances, . rules, regulations . regulations. or orders of any or public authority having jurisdiction, . or otherwise is guilty of a material breach of a fails to comply with any provision of this SubcontractAgreement, the Subcontractor shall may be deemed in default of this SubcontractAgreement upon written notice from the Contractor. If the Subcontractor fails within three (3) working days after written notification to commence and continue satisfactory correction of the such default with diligence and an promptness, . then CH2M HILL, the Contractor without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: 1(a) supply such number of workers and quantity of materials. supply workers, materials, equipment and other facilities as CH2M HILL the Contractor deems necessary for the completion of the Subcontractor’s 's Work or any part thereof which the Subcontractor has failed to complete or perform after written notification, the aforesaid notice; and charge the cost, cost thereof to the Subcontractor who shall be liable for the payment of same including reasonable overhead, profit, attorneys’ . profit and attorney's fees, costs and expenses to Subcontractor; 2. : (b) contract with one or more additional contractors to perform such part of the Subcontractor’s 's Work as CH2M HILL determines the Contractor shall determine will provide the most expeditious completion of Subcontractor’s Work, the total Work and charge the cost to Subcontractor as provided under Clause 10.1.1.1; and/or 3. thereof the Subcontractor: (c) withhold payment of any payments money's due the Subcontractor pending corrective action in amounts sufficient to cover losses and compel performance to the extent extend required by and to the satisfaction of CH2M HILL. In the Contractor: and (d) in the event of an emergency affecting the safety of persons or property, CH2M HILL . the Contractor may proceed as above without notice.

Notice to Cure. If the Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the Schedule of Subcontractor’s Work, or it fails to make prompt payment to for its workers, lower 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 SubcontractSubcontract Agreement, the Subcontractor shall be deemed in default of this SubcontractSubcontract Agreement. If the Subcontractor fails within three (3) working days after written notification to commence and continue satisfactory correction of the such default with diligence and promptness, then CH2M HILL, the Contractor without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: 1. (a) supply workers, such number of workers and quantity of materials, equipment and other facilities as CH2M HILL the Contractor deems necessary for the completion of the Subcontractor’s Work Work, or any part thereof which the Subcontractor has failed to complete or perform after written notificationthe aforesaid notice, and charge the costcost thereof to the Subcontractor, who shall be liable for the payment of same including reasonable overhead, profit, attorneys’ profit and attorney’s fees, costs and expenses to Subcontractor; 2. (b) contract with one or more additional contractors contractors, to perform such part of the Subcontractor’s Work as CH2M HILL determines the Contractor shall determine will provide the most expeditious completion of Subcontractor’s Work, the total Work and charge the cost thereof to Subcontractor as provided under Clause 10.1.1.1; and/orthe Subcontractor; 3. (c) withhold payment of any payments moneys due the 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. the Contractor; and (d) In the event of an emergency affecting the safety of persons Persons or property, CH2M HILL the Contractor may proceed as above without notice.

Notice to Cure. If the Subcontractor is unable, refuses or fails to supply enough properly properly-skilled workers, proper materials, correct non-conforming Subcontract Work, or maintain the Schedule of Subcontractor’s Work, or fails to make prompt payment to its workers, lower tier subcontractors or suppliers, or disregards Lawslaws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a material breach of a provision of this SubcontractAgreement, the Subcontractor shall be deemed in default of this SubcontractAgreement. If the Subcontractor fails within three (3) working business days after written notification to commence and continue satisfactory correction of the default with diligence and promptness, then CH2M HILL, the Contractor without prejudice to any other rights or remedies, shall have the right to any or all of the following remedies: 1. 13.2.1 to supply workers, materials, equipment and facilities as CH2M HILL the Contractor deems necessary for the completion of Subcontractor’s 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, attorneys’ fees, costs and expenses to the Subcontractor; 2. 13.2.2 to contract with one or more additional contractors to perform such part of Subcontractor’s the Subcontract Work as CH2M HILL the Contractor determines will provide the most expeditious completion of Subcontractor’s the Subcontract Work, and charge the cost to Subcontractor as provided under Clause 10.1.1.1the Subcontractor; and/or 3. 13.2.3 withhold any payments due or to become due the 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 Contractor. 13.2.4 terminate the Subcontractor for default by delivering written notice of such termination to the Subcontractor. 13.2.5 to charge to the Subcontractor an emergency affecting Administrative Fee of 15% of all costs incurred by the safety Contractor in exercising any of persons or property, CH2M HILL may proceed as the above without noticeremedies.

Notice to Cure. If Subcontractor at any time refuses or fails neglects to supply enough properly skilled workers, workers and proper materials, or maintain fails to properly and diligently prosecute the Schedule of Subcontractor’s Workwork covered by this Agreement, or fails to make prompt payment to its workers, lower tier sub- subcontractors or suppliers, or disregards Lawsbecomes delinquent with respect to contributions or payments required to be made to any health and welfare, ordinancespension, rulesvacation, regulations apprenticeship or orders of any public authority having jurisdictionother employee benefit program or trust, or is otherwise is guilty of a material breach of a provision of this SubcontractAgreement, Subcontractor shall be deemed in default of this Subcontract. If Subcontractor and fails within three forty-eight (348) working days hours after receipt of written notification notice to commence and continue satisfactory correction of the such default with diligence and promptness, then CH2M HILLContractor, without prejudice to any other rights debts or remedies, shall have the right to any or all of the following remedies: 1. (a) supply workers, such number of workers and quantity of materials, equipment and other facilities as CH2M HILL Contractor deems necessary for the completion of Subcontractor’s Work 's work, or any part thereof which Subcontractor has failed to complete or perform after written notificationperform, and charge the costcost thereof to Subcontractor, who shall be liable for the payment of same including reasonable overhead, profit, profit and actual attorneys’ fees, costs and expenses to ' fees incurred as a result of Subcontractor's failure of performance; 2. (b) contract with one or more additional contractors to perform such part of Subcontractor’s Work 's work as CH2M HILL determines Contractor shall determine will provide the most expeditious completion of Subcontractor’s Work, the total work and charge the cost thereof to Subcontractor as provided under Clause 10.1.1.1Subcontractor; and/orand 3. (c) withhold payment of any payments monies 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 HILLContractor. In the event of an emergency affecting the safety of persons or property, CH2M HILL . Contractor may proceed as above without notice. DPR Construction, Inc. DPR Job No.: 09-9600140 Subcontract No. 09-96001-00-048-S Cost Code: See Section 26