Step-In on Contractor Breach Sample Clauses

Step-In on Contractor Breach. If the Required Action is taken as a result of a breach of the obligations of the Contractor under this Contract, then for so long as and to the extent that the Required Action is taken, and this prevents the Contractor from providing any part of the Services: 33.5.1 the Contractor shall be relieved of its obligations to provide such part of the Services; and
Sample 1Sample 2
AutoNDA by SimpleDocs
Step-In on Contractor Breach. If the Required Action is taken as a result of a breach of the obligations of the Subcontractor under this Agreement, then for so long as and to the extent that the Required Action is taken and the Subcontractor is prevented from providing any part of the Services: (i) the Subcontractor shall be relieved from its obligations to provide that part of the Services; and (ii) the Contractor shall continue to pay the Charges, less an amount equal to all the Authority's costs of operation in taking the Required Action.
Sample 1Sample 2
Step-In on Contractor Breach. If the Required Action is taken as a result of a breach of the obligations of the Contractor under this Agreement, then for so long as and to the extent that the Required Action is taken, and this prevents the Contractor from providing any part of the Services 23.5.1 the Contractor shall be relieved of its obligations to carry out such part of the Services; and 23.5.2 in respect of the period in which the Authority are taking the Required Action, the Annual Sum due from the Authority to the Contractor shall equal the amount the Authority would have paid if the Contractor were satisfying all its obligations and providing the Services affected by the Required Action in full over that period, less an amount equal to all the Authority's costs of operation in taking the Required Action.
Sample 1
Step-In on Contractor Breach. If the Required Action is taken as a result of a breach of the obligations of the Contractor under this Contract, then for so long as and to the extent that the Required Action is taken, and this prevents the Contractor from providing any part of the Transfer Station Services: (i) the Contractor shall be relieved of its obligations to provide the Transfer Station Services; and (ii) in respect of the period in which the Council are taking the Required Action, the Monthly Contract Payment due from the Council to the Contractor shall equal the amount the Contractor would receive if it were satisfying all its obligations in providing the Transfer Station Services affected by the Required Action over that period less an amount equal to all the Council' costs properly incurred in consequence of the Council taking the Required Action.
Sample 1
Step-In on Contractor Breach. If the Required Action is taken as a result of a breach of the obligations of the Contractor under this Agreement, then for so long as and to the extent that the Required Action is taken, and this prevents the Contractor from providing any part of the Services: (a) the Contractor shall be relieved of its obligations to provide such part of the Services; (b) in respect of the period in which the relevant Council is taking the Required Action: (i) the Monthly Charge due from the Councils to the Contractor in respect of the Services affected by the Required Action shall equal the amount the Contractor would have received in respect of such Services had the relevant Council not taken the Required Action as such Monthly Charge is determined in accordance with Schedule 3 (Payment Mechanism) which shall be agreed by the Parties provided that where such amount is not agreed within ten (10) Days of receipt by the Contractor of the notice served by the relevant Council in accordance with Clause 32.1.2, either one may refer (without prejudice to the Councils’ right to step-in and carry out the Required Action) the matter for dispute resolution in accordance with Clause 53 (Dispute Resolution) and during the period until the Monthly Charge due from the Councils to the Contractor pursuant to this Clause 32.1.5(b)(i) in accordance with Schedule 3 (Payment Mechanism) has been agreed or determined, the Lead Authority shall pay the amount of the Monthly Charge (on a pro rata basis for the period between the date on which the Required Action commences and the date on which the Monthly Charge in accordance with Schedule 3 (Payment Mechanism) is agreed or determined) which was paid in the relevant Month prior to the Month in which the relevant Council has taken the Required Action and upon agreement or determination of the Monthly Charge in accordance with Schedule 3 (Payment Mechanism), any overpayment or underpayment shall be payable to or from the Contractor (as the case may be) and taken into account in the next succeeding payment of the Monthly Charge or if none, shall be paid in accordance with Clauses 18.9 and 18.10, less (ii) an amount equal to all the relevant Council’s costs of operation in taking the Required Action.
Sample 1
Step-In on Contractor Breach. If the Required Action is taken in consequence of a breach of the obligations of the Contractor under the Contract, then:
Sample 1
Step-In on Contractor Breach. If the Required Action is taken under Clause 27.1(a)(i)(C) or (D), Clause 27.1(a)(ii) or Clause 271(a)(iii), then for so long as and to the extent that the Required Action is taken and the Contractor is prevented from providing any part of the Services: (a) the Contractor shall be relieved from its obligations to provide that part of the Services; and (b) the Authority shall continue to pay the Charges, less an amount equal to all the Authority's costs of operation in taking the Required Action.
Sample 1
AutoNDA by SimpleDocs

Related to Step-In on Contractor Breach

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not

  • Data Breaches 4.1 The Data Processor does not guarantee that its security measures will be effective under all conditions. If the Data Processor discovers a data breach within the meaning of Article

  • Tea Breaks (a) Every employee will be entitled to a paid 10 minute tea break in each four hours worked at a time to be agreed between the employee and employer. (b) Subject to agreement between the employer and employee, such breaks may alternatively be taken as one 20 minute tea break. (c) Xxx breaks will count as time worked.

  • WAIVER OR BREACH It is agreed that a waiver by either party of a breach of any provision of this Agreement shall not operate, or be construed, as a waiver of any subsequent breach by that same party.

  • Security Breaches In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.

  • Data Breach In the event of an unauthorized release, disclosure or acquisition of Student Data that compromises the security, confidentiality or integrity of the Student Data maintained by the Provider the Provider shall provide notification to LEA within seventy-two (72) hours of confirmation of the incident, unless notification within this time limit would disrupt investigation of the incident by law enforcement. In such an event, notification shall be made within a reasonable time after the incident. Provider shall follow the following process: (1) The security breach notification described above shall include, at a minimum, the following information to the extent known by the Provider and as it becomes available: i. The name and contact information of the reporting LEA subject to this section. ii. A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. iii. If the information is possible to determine at the time the notice is provided, then either (1) the date of the breach, (2) the estimated date of the breach, or (3) the date range within which the breach occurred. The notification shall also include the date of the notice. iv. Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided; and v. A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (2) Provider agrees to adhere to all federal and state requirements with respect to a data breach related to the Student Data, including, when appropriate or required, the required responsibilities and procedures for notification and mitigation of any such data breach. (3) Provider further acknowledges and agrees to have a written incident response plan that reflects best practices and is consistent with industry standards and federal and state law for responding to a data breach, breach of security, privacy incident or unauthorized acquisition or use of Student Data or any portion thereof, including personally identifiable information and agrees to provide XXX, upon request, with a summary of said written incident response plan. (4) LEA shall provide notice and facts surrounding the breach to the affected students, parents or guardians. (5) In the event of a breach originating from XXX’s use of the Service, Provider shall cooperate with XXX to the extent necessary to expeditiously secure Student Data.

  • Waiver of Breach The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!