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

RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. 37 A. Upon any Contractor Default, the Authority may terminate this Agreement or 38 suspend it, in whole or in part. Such suspension or termination shall be effective 39 thirty (30) days after the Authority has given notice of suspension or termination to 40 Contractor, except that such notice may be effective in a shorter period of time, or 41 immediately, if the Contractor Default is one which endangers the health, welfare or 42 safety of the public, such as the failure to process Solid Waste or Recyclable 43 Materials and arrange for their prompt disposal or recovery. Notice may be given 1 orally in person or by telephone to the representative of Contractor designated in or 2 under Section 12.10 (or, if he/she is unavailable, to a responsible employee of 3 Contractor) and shall be effective immediately. Written confirmation of such oral 4 notice of suspension or termination shall be sent by personal delivery, facsimile, or 5 other expedited means of delivery to Contractor within twenty-four (24) hours of the 6 oral notification at the address shown in Section 12.09. Contractor shall continue to 7 perform the portions of the Agreement, if any, not suspended, in full conformity with 8 its terms. 9 B. The Authority may also suspend or terminate this Agreement, upon the same notice 10 provisions, if Contractor’s ability to perform is prevented or materially interfered with 11 by a cause which excuses nonperformance under Section 11.09, despite the fact 12 that nonperformance in such a case is neither a breach nor a Contractor Default.

RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. 37 34 A. Upon any Contractor Default, the Authority SBWMA may terminate this Agreement or 38 suspend 35 it, in whole or in part. Such suspension or termination shall be effective 39 thirty (30) 36 days after the Authority SBWMA has given notice of suspension or termination to 40 Contractor, 37 except that such notice may be effective in a shorter period of time, or 41 38 immediately, if the Contractor Default is one which endangers the health, welfare 39 or 42 safety of the public, such as the failure to process handle Solid Waste Waste, Recyclable 1 Materials, or Recyclable 43 Materials and arrange for their prompt disposal or recoveryOrganic Materials. Notice may be given 1 orally in person or by 2 telephone to the representative of Contractor designated in or 2 under Section 12.10 11.10 3 (or, if he/she is unavailable, to a responsible employee of 3 Contractor) and shall be 4 effective immediately. Written confirmation of such oral 4 notice of suspension or 5 termination shall be sent by personal delivery, facsimile, or 5 other expedited means 6 of delivery to Contractor within twenty-four (24) hours of the 6 oral notification at 7 the address shown in Section 12.0911.09. Contractor shall continue to 7 perform the 8 portions of the Agreement, if any, not suspended, in full conformity with 8 its terms. 9 B. The Authority SBWMA may also suspend or terminate this Agreement, upon the same notice 10 provisions, if Contractor’s ability to perform is prevented or materially interfered 11 with 11 by a cause which excuses nonperformance under Section 11.0910.09, despite the 12 fact 12 that nonperformance in such a case is neither a breach nor a Contractor 13 Default.

RIGHT TO SUSPEND OR TERMINATE UPON DEFAULT. 37 A. Upon any Contractor Default, the Authority may terminate this Agreement or 38 suspend it, in whole or in part. Such suspension or termination shall be effective 39 thirty (30) days Days after the Authority has given notice of suspension or termination to 40 Contractor, except that such notice may be effective in a shorter period of time, or 41 immediately, if the Contractor Default is one which endangers the health, welfare welfare, or 42 safety of the public, such as the failure to transfer and/or process Solid Waste Waste, Organic Materials, Recyclable Materials, or Recyclable 43 Materials C&D Debris and arrange for their prompt disposal Disposal, Recycling, processing, or recoverytransportation. Notice by the Authority may be given 1 orally in person person, by email, or by telephone to the representative of Contractor designated in or 2 under Section 12.10 (or, if he/she is they are unavailable, to a responsible employee of 3 Contractor) and shall be effective immediately. Written confirmation of such oral 4 notice of suspension or termination shall be sent by the Authority by personal delivery, facsimileemail, or 5 other expedited means of delivery to Contractor within twenty-four (24) hours of the 6 oral notification at the address shown in Section 12.0912.10. Contractor shall continue to 7 perform the portions of the Agreement, if any, not suspended, in full conformity with 8 its terms. 9 B. . The Authority may also suspend or terminate this Agreement, upon the same notice 10 provisions, if Contractor’s ability to perform is prevented or materially interfered with 11 by a cause which excuses nonperformance under Section 11.09, despite the fact 12 that nonperformance in such a case is neither a breach nor a Contractor Default.