Provider Default Clause Samples

Provider Default. The occurrence of any one or more of the following matters constitutes a default by the Provider under this Agreement (a “Provider Default”): (i) The Provider becomes insolvent or generally fails to pay, or admits in writing its inability or unwillingness to pay, its debts as they become due; Provider makes a general assignment for the benefit of its creditors; (ii) The Provider shall commence or consent to any case, proceeding or other action (a) seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of the Provider or of the Provider’s debts under any law relating to bankruptcy, insolvency, reorganization or relief of debts, or (b) seeking appointment of a receiver, trustee or similar official for the Provider or for all or any part of the Provider’s property; (iii) Any case, proceeding or other action against the Provider shall be commenced (a) seeking to have an order for relief entered against the Provider as debtor, (b) seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of the Provider or the Provider’s debts under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or (c) seeking appointment of a receiver, trustee, or similar official for the Provider or for all or any part of the Provider’s property; (iv) The breach of any representation, certification or warranty made by the Provider in this Agreement or in the Provider’s application approved by ISBE; (v) The Provider attempts to assign, convey or transfer this Agreement or any interest herein without District’s prior written consent; (vi) The Provider fails to observe or perform any other covenant, agreement, obligation, duty or provision of this Agreement, and such failure continues for thirty (30) days after the Provider’s receipt of written notice thereof from District; or (vii) The Provider discloses the public identity of any student who is eligible for or who receives Services without the written permission of the Parents.

Provider Default. If the course does not start on the commencement date as stated in this Agreement due to a fault of MIT, then MIT shall either: ⮚ provide you with a full refund of the tuition fees paid or the student contribution amounts paid upfront (applicable for CSP students); or ⮚ arrange for you to be offered a place in an alternative comparable course (at no additional cost to you) and you accept that offer in writing. If the course ceases to be provided to you after it starts but before it is completed due to a fault of MIT, then MIT shall either: ⮚ provide you with a refund of the Unspent Tuition Fees paid; or ⮚ arrange for you to be offered a place in an alternative comparable course (at no additional cost to you) and you accept that offer in writing.

Provider Default. The occurrence at any time of the following event shall constitute a “Provider Default”:

Provider Default. Each of the following shall constitute a Default by Provider under the Agreement: (i) if Provider fails to comply with any material provision of the Agreement other than provisions of the SLA, the failure by Provider to cure same within thirty (30) days of receiving written notice from Customer regarding such non-compliance; or (ii) Provider files or initiates proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days.

Provider Default. 32 In the event of a Default by the Provider the Provider shall, in the sole election of the Provider, either 33 commence and complete Decommissioning or surrender the Generating Facility and Supporting 34 Infrastructure to the Receiver. If the Provider elects to surrender the Generating Facility and Supporting 35 Infrastructure to the Receiver then the Provider shall release all easements and/or leases between the 36 Receiver and the Provider, and, if requested by the Receiver, allowing such releases to be recorded by the 37 County and grant the Receiver an easement and/or lease as necessary to continue to operate the Generating 38 Facility during the Term. If the Receiver declines the surrender, then the Provider shall complete 39 Decommissioning pursuant to Section 4.16 solely at the Provider’s expense.

Provider Default. 8.1 A provider default occurs in relation to you at a location if a course does not start at that location on the starting date or ceases to be provided to you at that location at any time after it starts but before it is completed. It occurs even if we are prevented from providing a course at a location because a sanction has been imposed on us under Part 6 of the ESOS Act. 8.2 A provider default does not occur in relation to you at a location if

Provider Default. 11.1 On or after the occurrence of any Provider Default, the Scottish Ministers shall be entitled by notice in writing and with immediate effect, to exercise any or all of the following rights and remedies: 11.1.1 to terminate this Agreement in full; 11.1.2 to suspend all further Equity Funding payments; or 11.1.3 to require repayment within 10 (ten) Business Days of any Equity Funding paid in whole or part (save to the extent secured on an Eligible Dwelling pursuant to the Shared Equity Documentation); 11.2 In relation to the exercise by the Scottish Ministers of its rights in Condition 11.1 the Provider shall pay on demand all the Scottish Ministers' losses incurred as a result of the Provider Default (whether or not this Agreement is terminated) including any costs incurred by the Scottish Ministers in investigating any Provider Default which has occurred.

Provider Default. A Provider Default shall have occurred and no Qualified Replacement Manager shall have been appointed to replace the Service Provider within ninety (90) days after the occurrence thereof; provided that if the Borrower is proceeding with diligence and in good faith to replace the Service Provider, such ninety (90)-day period shall be extended as may be necessary to cure such failure, such extended period not to exceed one-hundred and fifty (150) days in the aggregate (inclusive of the original 90-day period).

Provider Default. Provider shall be in default if it fails to perform or comply with any material term or condition of this Agreement.