Right to Terminate the Company's ESCO’s Performance of the Work Sample Clauses

Right to Terminate the Company's ESCO’s Performance of the Work. If the ESCOCOMPANY fails or refuses to prosecute the Work with such diligence as to allow completion of the Work substantially in accordance with the Project Installation Schedule, or commits a material breach of any other provision of this Agreement or the Project Documents, and provided that such breach continues for thirty (30) days after written notice to the ESCOCOMPANY demanding that such breach be cured or if cure cannot be effected in such thirty (30) days, ESCOCOMPANY’s failure to propose and commence a cure acceptable to the ISSUERCUSTOMER within such thirty (30) days, the ISSUER CUSTOMER may terminate the ESCOCOMPANY’s right to proceed with the Work as specified herein. In no event shall the ISSUERCUSTOMER have any obligation to compensate the ESCOCOMPANY for delays arising pursuant to the ESCOCOMPANY’s failure or refusal to complete the Work and damages arising in connection therewith. In such case, the ISSUERCUSTOMER will give the ESCOCOMPANY and its surety written notice of intention to terminate the ESCOCOMPANY’s right to complete the Work and the reason therefore and, unless within seven (7) business days the delay or violation shall cease or a cure acceptable to the ISSUERCUSTOMER for correcting the situation is proposed, the ISSUERCUSTOMER may issue a termination notice to such effect for the ESCOCOMPANY and its surety. Thereupon, the surety will be given the opportunity to complete the Work in accordance with the Project Documents. Such completion may include, but not be limited to, the use of a completing ESCOCOMPANY, satisfactory to the ISSUERCUSTOMER, pursuant to a written takeover agreement, the payment of a sum of money required to allow the ISSUERCUSTOMER to complete the Work, or other arrangements agreed to by the ISSUERCUSTOMER and the surety. If within seven (7) business days following the issuance of the termination notice, the surety fails to notify the ISSUERCUSTOMER that it intends to exercise its right to undertake the Work, the ISSUERCUSTOMER may take over the Work, exclude the ESCOCOMPANY from the Premises and take possession of all of the ESCOCOMPANY’s tools, appliances, equipment and machinery at the Premises and use the same to the full extent they could have been used by the ESCOCOMPANY (without liability for trespass or conversion), incorporate into the Work all materials and equipment stored at the Premises and finish the Work as the ISSUERCUSTOMER may deem expedient. In the event the ISSUERCUSTOMER terminates the E...
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Related to Right to Terminate the Company's ESCO’s Performance of the Work

  • Contractor’s Right to Terminate for Cause Contractor may terminate this Contract immediately upon written notice to Agency, or at such later date as Contractor may establish in such notice, if Agency is in default under Section 14.4.

  • Right to Terminate Sale In the event that the property as stated in the Proclamation of Sale is not the property as described under the security documents executed by the Assignor/Borrower or otherwise different from such property as assigned to the Assignee/Bank by the Assignor/Borrower, the Assignee/Bank shall be entitled to terminate the sale and the bidding deposit paid shall be refunded to the Successful Purchaser(s). The Successful Purchaser(s) shall have no claims whatsoever against the Assignee/Bank, their Solicitors or the Auctioneer or any compensation in respect thereof.

  • Right to Terminate Agreement 21.1 If either Party (the “Breaching Party”) (a) fails to pay any amount when due under the terms of this Agreement or fails to comply with or perform, in any material respect, any of the other terms or conditions of this Agreement; (b) sells or transfers all or substantially all of its assets; (c) enters into any voluntary or involuntary bankruptcy proceeding or receivership; or (d) makes a general assignment for the benefit of its creditors, then the other Party (the “Non-Breaching Party”) shall have the right, without prejudice to any other right or remedy and after giving five (5) Days’ written prior notice to the Breaching Party and a reasonable opportunity for cure (not to exceed thirty (30) Days in the case of a failure to pay amounts when due), to terminate this Agreement, subject to Sections 21.3 and 21.4 of this Agreement. Subject to compliance with Section 22.1 of this Agreement, if applicable, the Non-Breaching Party shall also have the right to pursue any and all rights it may have against the Breaching Party under applicable law, subject to other applicable terms and conditions of this Agreement (including, without limitation, any applicable limitations on liability contained herein).

  • Right to Terminate Either Party may unilaterally terminate this Annex by providing thirty (30) calendar days written notice to the other Party.

  • City’s Right to Terminate for Default Contractor’s failure to satisfactorily perform any obligation required by this Contract constitutes a default. Examples of default include a determination by City that Contractor has: (1) failed to deliver goods and/or perform the services of the required quality or within the time specified; (2) failed to perform any of the obligations of this Contract; and (3) failed to make sufficient progress in performance which may jeopardize full performance.

  • City’s Right to Terminate for Convenience City may, at its sole option and for its convenience, terminate all or any portion of this Contract by giving thirty (30) days’ written notice of such termination to Contractor. The termination of the Contract shall be effective upon receipt of the notice by Contractor. After termination of all or any portion of the Contract, Contractor shall: (1) immediately discontinue all affected performance (unless the notice directs otherwise); and (2) complete any and all additional work necessary for the orderly filing of documents and closing of Contractor's affected performance under the Contract. After filing of documents and completion of performance, Contractor shall deliver to City all data, drawings, specifications, reports, estimates, summaries, and such other information and materials created or received by Contractor in performing this Contract, whether completed or in process. By accepting payment for completion, filing, and delivering documents as called for in this section, Contractor discharges City of all of City’s payment obligations and liabilities under this Contract with regard to the affected performance.

  • Your Right to Terminate You may also terminate this Client Agreement or close your Account at any time by giving us written notice. Your Account will be closed as soon as reasonably practicable after we have received notice, all open Contracts are closed, Orders are cancelled, and all of your obligations are discharged.

  • Our Right to Terminate We may terminate this Client Agreement and close your Account and any Position at any time by giving you thirty (30) days’ written notice. This right is in addition to any other rights to terminate this Client Agreement or close your Account that we may have under this Client Agreement.

  • Termination of Services 6.2. To promote a non-discriminatory work environment based on the principle of equality, employers and the trade union should adopt appropriate measures to ensure that employees with HIV and AIDS are not unfairly discriminated against and are protected from victimisation through positive measures such as:

  • Modification to Performance Frameworks The Parties acknowledge that specific terms, forms, and requirements of the Performance Frameworks may be modified to the extent required to align with changes to applicable State or federal accountability requirements as set forth in law or policies or based on other circumstances that make assessment based on the existing Performance Framework requirements impracticable. In the event that such modifications are needed, the Commission will make its best effort to apply expectations for school performance in a manner as reasonably consistent with those set forth in the Performance Frameworks and the School's Educational Program as set forth in Exhibit A to this Contract.

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