Performance Defaults Sample Clauses

Performance Defaults. The Sellers shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or on the Closing Date and, after giving effect to the issue and
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Performance Defaults. Failure of the Contractor to meet the performance standards shall grant Covered California the authority to assess penalties where applicable, or require that the Contractor provide and implement a corrective action plan.
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Performance Defaults. 11.1If any Performance Default occurs or if the Service Provider has reasonable grounds to believe or suspect that a Performance Default will or may occur, the Service Provider will immediately notify the Contract Manager in writing.
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Performance Defaults. Failure of the Contractor to meet the performance standards shall grant the Exchange the authority to assess penalties where applicable, or require that the Contractor provide and implement a corrective action plan.
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Performance Defaults. Failure by either Party in any material respect to perform any of its duties or obligations under this Agreement when and as due (other than (i) the failure to make any payment, which is addressed in Section 13.1(a), (ii) failure of Seller to achieve Commercial Operation, which is addressed as an Extended Delay Termination in accordance with Section 4.2(d), (iii) a “Security Default” as set forth in Section 13.1(e) or (iv) a breach or default for which a liquidated damage remedy is expressly provided herein) that is not cured within thirty
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Performance Defaults. Failure by either Party to perform any of its duties or obligations under this Agreement when and as due, including a Shortfall Termination (other than (i) the failure to make any payment, which is addressed in Section 13.1(a), (ii) an Extended Delay Termination in accordance with Section 4.2(d), or (iii) a “Security Default” as set forth in Section 13.1(e)) that is not cured within thirty (30) days after receipt of written notice thereof from the other Party; provided that if such failure cannot be cured within such thirty (30) day period, despite reasonable commercial efforts, such Party shall have up to ninety (90) additional days to cure.
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Performance Defaults. If Contractor has failed to comply with any material covenant or material obligation under this Contract or has repeatedly failed to comply with reasonable requests to perform pursuant to the terms and conditions of this Contract.
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Related to Performance Defaults

  • Performance; No Default The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14) no Default or Event of Default shall have occurred and be continuing.

  • Specific Defaults The Company fails to perform or observe any term, covenant or agreement contained in any of Section 6.01, 6.02, 6.03 or 6.09(c) or in Article VII; or

  • Performance Deposit Permittee shall deposit the Performance Deposit required under Paragraph F of this Permit with Port upon execution of this Permit, which sum (and any additions thereto required hereunder) shall be by cash or irrevocable letters of credit, each in a form and from an issuer acceptable in Port’s sole discretion. Any letter of credit provided as a Performance Deposit must be in the form of the letter of credit attached hereto as Exhibit “11”, or such successor form as Port may from time to time require by written notice to Permittee, and shall be drawn on a bank located within the continental United States acceptable to the Port’s Chief Financial Officer. The Port’s preference is for Permittee to provide a letter of credit that can be drawn at a site or counter of such a bank with a branch office located in Oakland or San Francisco, California. (Letters of credit issued through correspondent banks will not be accepted.) Unless the Port receives a written extension or replacement of the letter of credit at least ninety (90) days before the end of the term of the letter of credit, the Port without notice to Permittee, may draw on the letter of credit and retain all proceeds as a cash Performance Deposit pursuant to the terms of this Section 27. The Performance Deposit shall be retained by Port as security for the faithful performance of Permittee’s obligations hereunder and under any other agreement between Port and Permittee. From time to time, the Port shall have the right to increase the amount of the Performance Deposit to reflect any increases in the amount of the total Minimum Annual Guaranty (rounded to the nearest thousand), or to such greater amount required by Port Policy No. AP 509 – Collection of Delinquent Accounts, as such Policy may be amended from time to time, by giving Permittee fifteen (15) days written notice and Permittee shall be obligated to increase the Performance Deposit to such amount by the end of such fifteen

  • Termination for Default The County may, by written notice to the Contractor terminate this contract for default in whole or in part (delivery orders, if applicable) if the Contractor fails to:

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