Subcontractor Default Sample Clauses

Subcontractor Default. If the Subcontractor: 1) partially or entirely suspends the Works (other than pursuant to Honeywell’s direction under this Subcontract); 2) fails to take out or maintain insurance, or to provide evidence of insurance, as required by this Subcontract; 3) fails to proceed with the Works in a competent or diligent manner and with due expedition and without delay; 4) substantially departs from the current Honeywell Works Schedule or the current Subcontractor Works Schedule; 5) fails to comply with a direction of Honeywell or Xxxxxxxxx’s Representative;
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Subcontractor Default. The Contractor may give a written notice under clause 14.3 to the Subcontractor if the Subcontractor is in breach of the Subcontract. A notice under clause 14.3 must state: that it is a notice under clause 14.3; the failure or breach relied upon; and that the Contractor requires the Subcontractor to remedy the failure or breach within the number of days specified in the Subcontract Particulars of receiving the notice.
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Subcontractor Default. (a) In the event that Subcontractor fails to cure any delay or defect in performance of work per BluSky's direction then BluSky may in its sole discretion and election, at any time, terminate or supplement Subcontractor's further performance and backcharge Subcontractor for costs to remedy the delay or defect as well as for any additional costs BluSky incurs, above the Contract Price, to complete Subcontractor's Scope of Work and including any other consequential or liquidated damages BluSky incurs including costs and attorneys' fees. (b) In the event of termination, to the extent materials have been ordered, Subcontractor, specifically and irrevocably directs such suppliers to thereafter, upon demand of BluSky, to respond to and deliver the materials in accordance with BluSky’s instructions. (c) BluSky may deduct the backcharges, including without restriction thereto, all charges, expenses, losses, costs and damages incurred as a result of the Subcontractor’s default from any money then due or thereafter to become due to the Subcontractor. (d) The remedies provided in this provision are cumulative, in addition to, and not in lieu of, any other remedies, legal or equitable, available to BluSky whether provided under this Subcontract or otherwise. In the event of legal proceedings concerning Subcontractor’s default, Subcontractor agrees to pay BluSky its costs and legal fees in addition to actual damages sustained. The undersigned personally guarantees Subcontractor’s faithful performance of this Agreement. (e) Subcontractor shall keep all properties on which it works free from liens or claims related to or arising from its Work.
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Subcontractor Default. If the Subcontractor: 1) partially or entirely suspends the Works (other than pursuant to Honeywell’s direction under this Subcontract); 2) fails to take out or maintain insurance, or to provide evidence of insurance, as required by this Subcontract; 3) fails to proceed with the Works in a competent or diligent manner and with due expedition and without delay; 4) substantially departs from the current Honeywell Works Schedule or the current Subcontractor Works Schedule; 5) fails to comply with a direction of Honeywell or Xxxxxxxxx’s Representative; 6) fails to provide security as required under this Subcontract; or 7) otherwise commits a substantial breach of this Subcontract, 8) subcontracts the Works or any part thereof or any right under this Subcontract without the prior written approval of Honeywell. Honeywell will be entitled to send a written notice to the Subcontractor specifying the default and requiring the Subcontractor to rectify the default within a time period nominated in the notice (and if no period is stated then within five (5) days following the date that the Subcontractor receives the notice).
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Subcontractor Default. If the Subcontractor defaults or neglects to carry out the work in accordance with the Subcontract and fails within two working days after delivery of written notice from the Contractor to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may thereafter, without prejudice to any other remedy the Contractor may have, make good such deficiencies and may deduct the reasonable cost thereof from the payments then or thereafter due the Subcontractor.
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Subcontractor Default. If Subcontractor fails to commence, within two (2) working days after receipt from Contractor of the notice issued under Section 18.2, and diligently and promptly thereafter, correct the default or breach, then Contractor may pursue any remedies available by applicable law or statute and the Contract Documents, including but not limited to one or more of the following: (i) withhold any sums due or thereafter to become due to Subcontractor under the PROJECT SUBCONTRACT AGREEMENT and during such period such withheld amounts shall not accrue interest; (ii) provide and/or supplement any labor, materials and equipment as Contractor shall determine to cure such default and deduct the cost thereof from any money then due or thereafter to become due to Subcontractor under the PROJECT SUBCONTRACT AGREEMENT; (iii) terminate the PROJECT SUBCONTRACT AGREEMENT, in which case all lower tiered subcontracts or purchase orders between Subcontractor and persons or entities providing labor, material or equipment pertaining to Subcontractor's Work shall be deemed assigned to Contractor, and Subcontractor hereby appoints Contractor as its attorney-in-fact to enforce the provisions of such subcontracts or purchase orders, provided that nothing herein shall obligate Contractor to accept the assignment of such subcontracts or purchase orders; and/or (iv) take possession of all the materials to be installed belonging to Subcontractor at the Project Site without any further compensation to Subcontractor, and either complete the Work with its own forces or subcontract with any other subcontractor(s) to complete the Work and provide the material therefore; in which case if the unpaid portion of the Contract Price exceeds the charges, expenses and damages sustained by Contractor in completing the Work, such excess shall be paid by Contractor to Subcontractor in accordance with Article 3, but if such charges, expenses, and damages exceed said unpaid portion of the Contract Price, Subcontractor shall pay the difference to Contractor immediately upon written demand; or (v) offset and apply any amounts due, including all costs incurred, Contractor as a result of such default against any earned but unpaid amounts owing to Subcontractor by Contractor under all open PROJECT SUBCONTRACT AGREEMENTs, including without limitation, any retainage held by Contractor and fifteen percent (15%) for overhead and ten percent (10%) for profit on all costs incurred by Contractor together with actual attor...
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Subcontractor Default. If the Subcontractor (a) refuses or fails (i) to correct any Work rejected by the Contractor or Owner, (ii) to supply enough properly skilled workers, proper materials, or maintain the Schedule of Work, or (iii) to make prompt payment to workers, subcontractors, or suppliers; or (b) disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or (c) Contractor receives evidence that Subcontractor is not timely in paying obligations related to the project; or (d) a petition in bankruptcy or for an arrangement or reorganization is filed by or against the Subcontractor; or (e) Subcontractor becomes insolvent or is adjudicated bankrupt or goes into a liquidation or dissolution, either voluntarily or involuntarily or under court order; or (f) Subcontractor makes a general assignment for the benefit of creditors or otherwise acknowledges insolvency; or (g) is convicted of a felony; or (h) is sixty (60) days or more delinquent in paying applicable union dues and benefits payments; or (i) is otherwise guilty of a material breach of a provision of this Contract, the Subcontractor may be deemed in default of this Contract.
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Subcontractor Default. The Contractor may give a written notice under clause 14.3 to the Subcontractor if the Subcontractor: does not commence the Subcontractor's Activities in accordance with the requirements of the Subcontract; suspends the Subcontractor's Activities in breach of clause 10.12 or otherwise does not proceed with the Subcontractor's Activities regularly and diligently; fails to provide security as required by clause 4.1 or the related company guarantee as required under clause 4.4; fails to comply with any of its obligations under clause 5.5 or 5.7; fails to comply with any of its obligations under clause 8.16 or 8.17; fails to comply with any of its obligations under clause Error: Reference source not found or clause 21; fails to use the materials or standards of workmanship required by the Subcontract; does not comply with any direction of the Contractor's Representative made in accordance with the Subcontract; or is otherwise in substantial breach of the Subcontract. A notice under this clause 14.3 must state: that it is a notice under clause 14.3; the breach relied upon; and that the Contractor requires the Subcontractor to remedy the breach within the number of days set out in the Subcontract Particulars of receiving the notice.
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Related to Subcontractor Default

  • Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Major Default The Purchasers shall be considered to be in “Major Default” in the event that (a) the Purchasers are in breach of their obligations under the Agreement and (b) such breaches, individually or in the aggregate, resulted or would reasonably be expected to result in (i) material Losses to the Sellers or their Affiliates, (ii) material reputational harm to the Sellers or their Affiliates, (iii) material and adverse regulatory consequences to the Sellers or their Affiliates, for which, in each case of clauses (i) through (iii), indemnification by the Purchasers pursuant to Article 8 of the Agreement would not be sufficient to remedy all damages incurred by the Sellers and their Affiliates or (iv) if the Sellers reasonably determine, based on the advice of counsel, that it would reasonably be expected to be a violation of their fiduciary duties under applicable Law to not terminate the Agreement, taking into account the indemnification by the Purchasers pursuant to Article 8 of the Agreement; provided, that the following breaches shall be excluded, and not taken into account, in determining if a Major Default has occurred: (x) any breach to the extent resulting from any action taken by the Purchasers pursuant to and in accordance with written direction given by the Sellers and (y) any breach to the extent arising out of or resulting from, directly or indirectly, a breach by the Sellers of the Agreement, the Transition Services Agreement or the Purchase Agreement.

  • Contractor’s Status At all times during the Contract Period the Contractor shall be an independent contractor and nothing in the Contract shall create a contract of employment, a relationship of agency or partnership or a joint venture between the Parties and accordingly neither Party shall be authorised to act in the name of, or on behalf of, or otherwise bind the other Party save as expressly permitted by the terms of the Contract.

  • Contractor Licensing, etc. Notwithstanding Section 14.c, District may terminate this Contract immediately by written notice to Contractor upon denial, suspension, revocation, or non-renewal of any license, permit, or certificate that Contractor must hold to provide services under this Contract.

  • Termination for Default The Commonwealth may terminate this Agreement by notice where it reasonably believes the Grantee: (a) has breached this Agreement; or (b) has provided false or misleading statements in their application for the Grant; or (c) has become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.

  • Administrator Default If any one of the following events (an "Administrator Default") shall occur and be continuing: (a) (i) in the event that daily deposits into the Collection Account are not required, any failure by the Administrator to deliver to the Indenture Trustee for deposit in the Trust Accounts any Available Funds required to be paid on or before the Business Day immediately preceding any Monthly Servicing Payment Date or Distribution Date, as applicable, or (ii) any failure by the Administrator to direct the Indenture Trustee to make any required distributions from either of the Trust Accounts, which failure in case of either clause (i) or (ii) continues unremedied for five Business Days after written notice of such failure is received by the Administrator from the Indenture Trustee or the Trustee or after discovery of such failure by an officer of the Administrator; (b) any failure by the Administrator duly to observe or to perform in any material respect any other term, covenant or agreement of the Administrator set forth in this Agreement or any other Basic Document, which failure shall (i) materially and adversely affect the rights of Noteholders or Certificateholders and (ii) continue unremedied for a period of 60 days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given (A) to the Administrator by the Indenture Trustee or the Trustee or (B) to the Administrator, the Indenture Trustee and the Trustee by the Noteholders or Certificateholders, as applicable, representing not less than 50% of the Outstanding Amount of the Controlling Notes or 50% of the outstanding Certificates (including any Certificates owned by the Depositor); or (c) an Insolvency Event occurs with respect to the Administrator; then, and in each and every case, so long as the Administrator Default shall not have been remedied, either the Indenture Trustee or the Noteholders evidencing not less than a majority of the Outstanding Amount of the Controlling Notes, by notice then given in writing to the Administrator (and to the Indenture Trustee and the Trustee if given by the Noteholders) may terminate all the rights and obligations (other than the obligations set forth in Section 4.02) of the Administrator under this Agreement. On or after the receipt by the Administrator of such written notice, all authority and power of the Administrator under this Agreement, whether with respect to the Notes, the Certificates, the Trust Student Loans or otherwise, shall, without further action, pass to and be vested in the Indenture Trustee or such successor Administrator as may be appointed under Section 5.02; and, without limitation, the Indenture Trustee and the Trustee are hereby authorized and empowered to execute and deliver, for the benefit of the predecessor Administrator, as attorney-in-fact or otherwise, any and all documents and other instruments, and to do or accomplish all other acts or things necessary or appropriate to effect the purposes of such notice of termination. The predecessor Administrator shall cooperate with the successor Administrator, the Indenture Trustee and the Trustee in effecting the termination of the responsibilities and rights of the predecessor Administrator under this Agreement. All reasonable costs and expenses (including attorneys' fees) incurred in connection with amending this Agreement to reflect such succession as Administrator pursuant to this Section shall be paid by the predecessor Administrator (other than the Indenture Trustee acting as the Administrator under this Section 5.01) upon presentation of reasonable documentation of such costs and expenses. Upon receipt of notice of the occurrence of an Administrator Default, the Trustee shall give notice thereof to the Rating Agencies.

  • The Contractor must 16.1.1. treat all Authority Protected Information as confidential and safeguard it accordingly, implementing appropriate technical and organisational measures to protect Authority Protected Information against disclosure; 16.1.2. only use the Authority Protected Information for the purposes of performing its obligations under the Framework Agreement; 16.1.3. only disclose the Authority Protected Information to such Contractor Representatives that are directly involved in the performance of the Framework Agreement and need to know the information; and 16.1.4. not disclose any Authority Protected Information without the prior written consent of the Authority.

  • Subcontractor Any vendor, subcontractor or other Person that is not responsible for the overall servicing (as “servicing” is commonly understood by participants in the mortgage-backed securities market) of Mortgage Loans but performs one or more discrete functions identified in Item 1122(d) of Regulation AB with respect to Mortgage Loans under the direction or authority of the Servicer or a Subservicer.

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