Substituted Performance. According to the City’s procedures, and upon the Engineer’s recommendation that sufficient cause exists, the City, without prejudice to any of its other rights or remedies and after giving the Contractor and the Contractor’s Surety ten (10) calendar days’ written notice may: • Terminate the Contract; • Substitute the Contractor with another Entity to complete the Contract; • Take possession of the Project Site; • Take possession of materials on the Project Site; • Take possession of materials not on the Project Site, for which the Contractor received progress payments; • Take possession of equipment on the Project Site that is to be incorporated into the Work; • Take possession of equipment not on the Project Site that is to be incorporated into the Work, and for which the Contractor received progress payments; and • Finish the Work by whatever method the City deems expedient. If within the ten (10) calendar days’ notice period provided above, the Contractor and/or its Surety corrects the basis for declaration of default to the satisfaction of the Engineer, or if the Contractor’s Surety submits a proposal for correction that is acceptable to the Engineer, the Contract will not be terminated.
Substituted Performance. ARTICLE IV.
Substituted Performance. Secured Party may at any time (but shall not be obligated to)
(a) perform any of the obligations of Grantor under this Agreement if Grantor fails to perform such obligation within five Business Days (or, in the case of insurance, within one Business Day) after written demand by Secured Party and (b) make any payments and do any other acts which Secured Party or the Majority Lenders may deem necessary or desirable to protect Secured Party's security interests in the Collateral, including the right to pay, purchase, contest or compromise any Lien that attaches or is asserted against any Collateral, to procure insurance, and to appear in and defend any action or proceeding relating to any Collateral, and Xxxxxxx agrees promptly to reimburse Secured Party for all payments made by Secured Party in doing so, together with interest thereon at the rate then applicable to the Term Loans, all attorneys' fees and disbursements incurred by Secured Party in connection therewith, whether or not suit is brought, and all other costs and expenses related thereto.
Substituted Performance. Secured Party may at any time (but shall not be obligated to)
(a) perform any of the obligations of any Grantor under this Agreement if such Grantor fails to perform such obligation within three Business Days (or, in the case of insurance, within one Business Day) after written demand by Secured Party and (b) make any payments and do any other acts which Secured Party or the Required Lenders may deem necessary or desirable to protect Secured Party's security interests in the Collateral, including the right to pay, purchase, contest or compromise any Lien that attaches or is asserted against any Collateral, to procure insurance, and to appear in and defend any action or proceeding relating to any Collateral, and each Grantor agrees promptly to reimburse Secured Party for all payments made by Secured Party in doing so, together with interest thereon at the rate then applicable to ABR Loans, all reasonable attorneys' fees and disbursements incurred by Secured Party in connection therewith, whether or not suit is brought, and all other costs and expenses related thereto.
Substituted Performance. 16 ARTICLE IV.
Substituted Performance. The Lender and each other holder of Obligations, acting alone, may at any time (but shall not be obligated to)
(i) perform any of the obligations of the Borrower or any Guarantor under this Agreement if the Borrower or such Guarantor fails to perform such obligation within three Business Days after written demand by the Lender or such holder and (ii) make any payments
Substituted Performance. Secured Party, acting alone, may at any time (but shall not be obligated to) (i) perform any of the obligations of Pledgor under this Agreement if Pledgor fails to perform such obligation within ten (10) days after written demand by Secured Party and (ii) after ten (10) days written notice by Secured Party to Pledgor (or such lesser notice, or no notice, as Secured Party may give if Secured Party determines in good faith that its rights or security may be impaired by providing any more notice before taking the specified actions) make any payments and do any other acts which Secured Party may deem necessary or desirable to protect its security interest in the Collateral, including the right to pay, purchase, contest or compromise any lien that attaches or is asserted against any Collateral and to appear in and defend any action or proceeding relating to any Collateral, and Pledgor will promptly reimburse Secured Party for all payments made by Secured Party in doing so, together with interest thereon at the rate of 8% per annum (not to exceed the maximum amount of interest permitted to be charged by law), all reasonable attorneys’ fees and disbursements incurred by Secured Party in connection therewith, whether or not suit is brought, and all other costs and expenses related thereto (which reimbursement obligation shall constitute part of the Secured Obligations).
Substituted Performance. If Epyx shall at any time fail to make any payment or otherwise to perform any of its obligations as required under this Agreement, ADL, after 10 days notice to Epyx, may (but shall be under no obligation to) make any payment or perform or cause to be performed any act to be performed by Epyx under the terms of this Agreement. ADL may enter the Licensed Premises for any such purpose and may take all such action thereon as may be necessary therefor.
Substituted Performance. At any time after thirty (30) days written notice to an Owner pursuant to Section 8.03 above of a violation under this Declaration, the Association, or its designee, shall be entitled to enter upon the Owner’s Parcel and to care such violation. The cost incurred by the Association in curing such violation shall be immediately due and payable, together with collection costs, reasonable attorney fees and interest as provided in Section 7.05, in the same manner as a delinquent payment of Annual Assessment Costs.
Substituted Performance. 18.1 If the Consultant for whatever reason regularly fails to perform the Services in whole or in part strictly in accordance with the terms of the Contract, or in performing the Services there is an unacceptable level of deficient services, then without prejudice to any other remedy available to the Commissioner, the Supervising Officer may make arrangements for the Commissioner to provide and perform, by its own or the staff of another Consultant, such services which the Contractor fails to perform or performs deficiently.
18.2 Where the failure to provide and perform the Services is in the opinion of the Supervising Officer due to the failure of the Consultant’s management or supervisory staff to perform their work adequately or at all, or is due to the absence of or insufficiency of such staff, the Supervising Officer may cause that part of the Services to be managed and supervised by the Commissioner’s own staff, or the staff of another Consultant. In the event that the Commissioner’s own staff are used, the Consultant shall be charged the appropriate hourly rate (together with a sum equal to 10% of the costs of remedying the breach of contract towards the Commissioner’s administrative costs and overheads). Where another organisation is used to perform that part of the Services the full costs thereof (together with the 10% charge as mentioned above) shall be charged to the Consultant. The Consultant shall ensure that all of its staff utilised in the Contract co-operate fully with persons appointed to manage or supervise the Services under this Clause.
18.3 Where the failure to provide or perform the Services is in the opinion of the Supervising Officer due to the failure of the Consultant to provide adequate equipment, materials and consumables to perform the work properly (including but not limited to insufficiency of equipment, or materials of an inferior quality), the Supervising Officer may provide adequate equipment, materials and consumables to be used by the Consultant’s staff in the performance of the Services. In the event that the Consultant supplies equipment, materials and consumables for the performance of the Services, the Consultant shall be charged the full cost of that equipment (either the purchase price or hire charge as appropriate) and/or the full cost of those materials and consumables (including, if necessary, the whole of the bulk purchase if it is common to obtain such materials and consumables in this manner), together with a...
