Common use of Penalties for Failure to Comply Clause in Contracts

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer the sums due.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer Environmental Consultant or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, may in its sole discretion, discretion invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer Environmental Consultant or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer Environmental Consultant or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer Environmental Consultant the sums due.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer MEP Engineer or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer MEP Engineer or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer MEP Engineer or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer MEP Engineer the sums due.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer Commissioning Agent or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer Commissioning Agent or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer Commissioning Agent or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer Commissioning Agent the sums due.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer Design Professional or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer Design Professional or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer Design Professional or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer Design Professional the sums due.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer Program Manager or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer Program Manager or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer Program Manager or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer Program Manager the sums due.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer Construction Manager or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer Construction Manager or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer Construction Manager or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer Construction Manager the sums duedue for the work satisfactorily performed in accordance with the terms and conditions of this Contract until the date of non-compliance.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Structural Designer or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Structural Designer or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Structural Designer or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Structural Designer the sums due.

Penalties for Failure to Comply. (1) It is hereby agreed that failure to comply and demonstrate a good faith effort to comply with the foregoing requirements shall constitute a substantial breach of this Contract. (2) In the event that the School District determines, after investigation, that the Architectural Designer Construction Manager or any Subconsultant has failed to comply with any provision of this Paragraph 8.4 and to demonstrate a good faith effort to comply, the School District may, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Architectural Designer Construction Manager or any Subconsultant pursuant to Board Policy No. 621. (3) The Architectural Designer Construction Manager or any Subconsultant, as the case may be, shall be given written notice of any determination of non-compliance and opportunity to achieve compliance within a time period to be specified in the notice. (4) In the event the School District, after a hearing, determines to terminate the Contract, entered into under this Contract, for non-compliance with and failure to demonstrate a good faith effort to comply with the requirements of this Paragraph 8.4, all obligation on the School District’s part to perform this Contract shall cease except for the obligation to pay the Architectural Designer Construction Manager the sums due.