Common use of PERFORMANCE AND DEFAULT Clause in Contracts

PERFORMANCE AND DEFAULT. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the District shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the District, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of this agreement, and the Agency may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the District from such breach can be determined. In case of default by the Contractor, the District may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The District reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the District. In addition, in the event of default by the Contractor under this contract, the District may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the District has with the Contractor, and de-bar the Contractor from doing future business with the District. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the District may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the District, and de-bar the Contractor from doing future business Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

PERFORMANCE AND DEFAULT. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the District Agency shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the DistrictAgency, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the District Agency for damages sustained by the District Agency by virtue of any breach of this agreement, and the Agency may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the District Agency from such breach can be determined. In case of default by the Contractor, the District State may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The District State reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the DistrictState. In addition, in the event of default by the Contractor under this contract, the District State may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the District State has with the Contractor, and de-bar the Contractor from doing future business with the District. State Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the District State may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the DistrictState, and de-bar the Contractor from doing future business Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

PERFORMANCE AND DEFAULT. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the District University shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the District, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the District ECSU for damages sustained by the District University by virtue of any breach of this agreement, and the Agency University may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the District to ECSU from such breach can be determined. In case of default by the Contractor, the District ECSU may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The District State, acting through ECSU, reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the DistrictState. In addition, in the event of default by the Contractor under this contract, the District State may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the District State has with the Contractor, and de-bar the Contractor from doing future business with the DistrictState. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the District State may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the DistrictState, and de-bar the Contractor from doing future business business. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

PERFORMANCE AND DEFAULT. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the District University shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the District, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the District ECSU for damages sustained by the District University by virtue of any breach of this agreement, and the Agency University may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the District to ECSU from such breach can be determined. In case of default by the Contractor, the District ECSU may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The District State, acting through ECSU, reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the DistrictState. In addition, in the event of default by the Contractor under this contract, the District State may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the District State has with the Contractor, and de-bar the Contractor from doing future business with the District. State Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the District State may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the DistrictState, and de-bar the Contractor from doing future business Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.