Common use of RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT Clause in Contracts

RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. A. Upon any Contractor default, and subject to Contractor’s cure rights set forth above, County may terminate this Agreement or suspend it, in whole or in part. Such suspension or termination shall be effective thirty (30) days after County has given notice of suspension or termination to Contractor, except that such notice may be effective in a shorter period of time, or immediately, if Contractor default is one which endangers the health, welfare or safety of the public, such as the failure to Collect Solid Waste, C&D and/or Targeted Recyclable Materials for the period of time specified in Section 15.02.C. Notice shall be given in writing and shall specifically describe the grounds for termination or suspension. Contractor shall continue to perform the portions of the Agreement, if any, that are not suspended in full conformity with its terms. B. County may also suspend or terminate this Agreement, upon the same notice provisions, if Contractor’s ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section 15.10 for a period of 180 Calendar Days or more, despite the fact that nonperformance in such a case is neither a breach nor a Contractor default.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. A. Upon any Contractor default, and subject to Contractor’s cure rights set forth above, County may terminate this Agreement agreement or suspend it, in whole or in part. Such suspension or termination shall be effective thirty (30) days after County has given notice of suspension or termination to Contractor, except that such notice may be effective in a shorter period of time, or immediately, if Contractor default is one which endangers the health, welfare or safety of the public, such as the failure to Collect Solid Wastecollect solid waste, C&D and/or Targeted Recyclable Materials targeted recyclable materials for the period of time specified in Section 15.02.C. Notice shall be given in writing and shall specifically describe the grounds for termination or suspension. Contractor shall continue to perform the portions of the Agreementagreement, if any, that are not suspended in full conformity with its terms. B. County may also suspend or terminate this Agreementagreement, upon the same notice provisions, if Contractor’s ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section 15.10 for a period of 180 Calendar Days or more, despite the fact that nonperformance in such a case is neither a breach nor a Contractor default.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. A. Upon any Contractor default, and subject to Contractor’s cure rights set forth above, County may terminate this Agreement agreement or suspend it, in whole or in part. Such suspension or termination shall be effective thirty (30) days after County has given notice of suspension or termination to Contractor, except that such notice may be effective in a shorter period of time, or immediately, if Contractor default is one which endangers the health, welfare or safety of the public, such as the failure to Collect Solid Wastecollect solid waste, C&D and/or Targeted Recyclable Materials targeted recyclable materials for the period of time specified in Section 15.02.C. 15.02(C). Notice shall be given in writing and shall specifically describe the grounds for termination or suspension. Contractor shall continue to perform the portions of the Agreementagreement, if any, that are not suspended in full conformity with its terms. B. County may also suspend or terminate this Agreementagreement, upon the same notice provisions, if Contractor’s ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section 15.10 for a period of 180 Calendar Days or more, despite the fact that nonperformance in such a case is neither a breach nor a Contractor default.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. A. Upon any Contractor default, and subject to Contractor’s cure rights set forth above, County may terminate this Agreement agreement or suspend it, in whole or in part. Such suspension or termination shall be effective thirty (30) days after County has given notice of suspension or termination to Contractor, except that such notice may be effective in a shorter period of time, or immediately, if Contractor default is one which endangers the health, welfare or safety of the public, such as the failure to Collect Solid Wastecollect solid waste, C&D and/or Targeted Recyclable Materials targeted recyclable materials for the period of time specified in Section 15.02.C. 15.02C. Notice shall be given in writing and shall specifically describe the grounds for termination or suspension. Contractor shall continue to perform the portions of the Agreementagreement, if any, that are not suspended in full conformity with its terms. B. County may also suspend or terminate this Agreementagreement, upon the same notice provisions, if Contractor’s ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section 15.10 for a period of 180 Calendar Days or more, despite the fact that nonperformance in such a case is neither a breach nor a Contractor default. C. In the event of termination of this agreement, each Party shall be entitled to payment of amounts due to them through the date of termination, but shall otherwise have no further obligation to one another pursuant to this agreement after the date of termination

Appears in 1 contract

Samples: Franchise Agreement

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RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. A. Upon any Contractor default, and subject to Contractor’s cure rights set forth above, County may terminate this Agreement or suspend it, in whole or in part. Such suspension or termination shall be effective thirty (30) days after County has given notice of suspension or termination to Contractor, except that such notice may be effective in a shorter period of time, or immediately, if Contractor default is one which endangers the health, welfare or safety of the public, such as the failure to Collect Solid Wastecollect solid waste, C&D and/or Targeted Recyclable Materials for the period of time specified in Section 15.02.C. 15.2.B. Notice shall be given in writing and shall specifically describe the grounds for termination or suspension. Contractor shall continue to perform the portions of the Agreement, if any, that are not suspended in full conformity with its terms. B. County may also suspend or terminate this Agreement, upon the same notice provisions, if Contractor’s ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section 15.10 for a period of 180 Calendar Days days or more, despite the fact that nonperformance in such a case is neither a breach nor a Contractor default. C. In the event of termination of this Agreement, each Party shall be entitled to payment of amounts due to them through the date of termination, but shall otherwise have no further obligation to one another pursuant to this Agreement after the date of termination.

Appears in 1 contract

Samples: Franchise Agreement

RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. A. Upon any Contractor default, and subject to Contractor’s cure rights set forth above, County may terminate this Agreement agreement or suspend it, in whole or in part. Such suspension or termination shall be effective thirty (30) days after County has given notice of suspension or termination to Contractor, except that such notice may be effective in a shorter period of time, or immediately, if Contractor default is one which endangers the health, welfare or safety of the public, such as the failure to Collect Solid Wastecollect solid waste, C&D and/or Targeted Recyclable Materials targeted recyclable materials for the period of time specified in Section 15.02.C. 15.02C. Notice shall be given in writing and shall specifically describe the grounds for termination or suspension. Contractor shall continue to perform the portions of the Agreementagreement, if any, that are not suspended in full conformity with its terms. B. County may also suspend or terminate this Agreementagreement, upon the same notice provisions, if Contractor’s ability to perform is prevented or materially interfered with by a cause which excuses nonperformance under Section 15.10 for a period of 180 Calendar Days or more, despite the fact that nonperformance in such a case is neither a breach nor a Contractor default. C. In the event of termination of this agreement, each Party shall be entitled to payment of amounts due to them through the date of termination, but shall otherwise have no further obligation to one another pursuant to this agreement after the date of termination.

Appears in 1 contract

Samples: Franchise Agreement

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