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 Material Testing 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, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Material Testing Consultant or any Subconsultant pursuant to Board Policy No. 621. (3) The Material Testing 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 Material Testing 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 Material Testing Consultant Roofing 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 Material Testing Consultant Roofing Designer or any Subconsultant pursuant to Board Policy No. 621. (3) The Material Testing Consultant Roofing 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 Material Testing Consultant Roofing 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 Material Testing Construction Cost 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, in its sole discretion, invoke the termination provisions of this Contract or move to disqualify, suspend, or debar the Material Testing Construction Cost Consultant or any Subconsultant pursuant to Board Policy No. 621. (3) The Material Testing Construction Cost 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 Material Testing Construction Cost 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 Material Testing Consultant Construction Cost Estimator 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 Material Testing Consultant Construction Cost Estimator or any Subconsultant pursuant to Board Policy No. 621. (3) The Material Testing Consultant Construction Cost Estimator 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 Material Testing Consultant Construction Cost Estimator 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 Material Testing Consultant Structural 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 Material Testing Consultant Structural Engineer or any Subconsultant pursuant to Board Policy No. 621. (3) The Material Testing Consultant Structural 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 Material Testing Consultant Structural Engineer the sums due.