Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.
Owner Default. Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY - NAME, ADDRESS AND TELEPHONE) AGENT OR BROKER: OWNER'S REPRESENTATIVE (ARCHITECT, ENGINEER OR OTHER PARTY) Certified Statement Pursuant to Neb. Rev. Stat. § 77-1323 § 77-1323 Every person, partnership, limited liability company, association, or corporation furnishing labor or material in the repair, alteration, improvement, erection, or construction of any public improvement shall furnish a certified statement to be attached to the contract that all equipment to be used on the project, except that acquired since the assessment date, has been assessed for taxation for the current year, giving the county where assessed. Pursuant to Neb. Rev. Stat. § 77-1323, I, , do hereby certify that all equipment to be used on Bid No. 22-256, except that equipment acquired since the assessment date, has been assessed for taxation for the current year, in County, Nebraska. DATED this day of , 2024. By: Title: STATE OF NEBRASKA ) ) ss. COUNTY OF ) On , 2024, before me, the undersigned Notary Public duly commissioned for and qualified in said County, personally came , to me known to be the identical person, whose name is affixed to the foregoing instrument and acknowledged the execution thereof to be his voluntary act and deed. Witness my hand and notarial seal the day and year last above written. Notary Public (S E A L)
Owner Default. Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. CONSTRUCTION PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place Of Business): Xxxxxxx & Sons, Inc. dba Xxxxxxx Roofing 0000 Xxxx Xxxxxx Lincoln, NE 68502 Owner (Name and Address): City of Lincoln, Lancaster County and Xxxxxxx-Xxxxxxxxx County Public Building Commission 000 Xxxxx 00xx Xx. Lincoln, NE 68508 CONSTRUCTION CONTRACT Date: Amount: $50,000.00 Description (Name and Location): For all labor, material and equipment necessary for Unit Price - Roofing Services, Bid No. 22-263. BOND Date: Amount: $50,000.00 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Xxxxxxx & Sons, Inc. dba Xxxxxxx Roofing 0000 Xxxx Xxxxxx Lincoln, NE 68502 Signature: Signature: Name and Title: Name and Title: EJCDC NO. 1910-28B (1984 Edition) Prepared through the joint efforts of The Surety Assoc. of America. Engineers' Joint Contract Documents Committee. The Associated General Contractors of America, and the American Institute of Architects.
Owner Default. Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: This bond is subject to the attached Dual Obligee Rider dated [ ]. (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO AND FORM PART OF Performance and Payment Bond NO. , dated concurrently with the execution of this Rider, issued by the , a corporation, as Surety, on behalf of Xxxxx, Inc., as Principal, and in favor of , as Obligee. IT IS HEREBY UNDERSTOOD AND AGREED that the above described bond(s) are hereby amended to include the following paragraph: Notwithstanding anything contained herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. IT IS FURTHER UNDERSTOOD AND AGREED that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, SEALED AND DATED this day of , 200 . Xxxxx, Inc.
Owner Default. This Agreement may be terminated by Manager, at its option, upon the happening of any of the following events: (a) failure of Owner to pay or reimburse Manager as stipulated in this Agreement, said termination to become effective within five (5) days after Manager having served Owner notice of the failure and Owner’s continued failure to remedy; (b) material breach, default or noncompliance by Owner with any other covenants contained in this Agreement; (c) the making by Owner of a general assignment for the benefit of creditors; or a petition of application by either party to any tribunal for the appointment of a trustee, custodian, receiver or liquidator of all or substantially all of its business, estate or assets; or the commencement by Owner of any proceeding under any bankruptcy, reorganization, arrangement, insolvency, readjustment or debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect.
Owner Default. Any of the following is a default by the owner under the HAP contract:
Owner Default. (a) Distribution Company shall have the right to terminate this Agreement in accordance with Section 14.4(a).
Owner Default. Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof.
Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by the Owner or is waived by the City. If the City terminates this Agreement because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder.
Owner Default. Any of the following shall constitute an “Owner Default”:
