Termination Absent Cure. If the Subcontractor files a petition under the Bankruptcy Code, this Agreement shall terminate if the Subcontractor or the Subcontractor's trustee rejects the Agreement or, if there has been a default, the Subcontractor is unable to give adequate assurance that the Subcontractor will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code.
Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors or if Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may terminate this Agreement upon giving forty-eight (48) hours written notice, by certified mail, to Subcontractor and its surety, if any. If an order for relief is entered under the Bankruptcy Code with respect to Subcontractor, Contractor may terminate this Agreement by giving forty-eight (48) hours written notice, by certified mail, to Subcontractor, its trustee, and its surety, if any, unless Subcontractor, the surety, or the trustee:
(a) promptly cures all defaults;
(b) provides adequate assurance of future performance;
(c) compensates Contractor for actual pecuniary loss resulting from such defaults; and
(d) assumes the obligations of Subcontractor within the statutory time limits.
Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors or if Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may terminate this Agreement without notice upon giving written notice to Subcontractor and its surety, if any. If an order for relief is entered under the Bankruptcy Code with respect to Subcontractor, Contractor may terminate this Agreement upon written notice to Subcontractor, its trustee, and its surety, if any, unless Subcontractor, the surety, or the trustee:
(a) promptly cures all defaults;
(b) provides immediate and adequate assurance of future performance;
(c) compensates Contractor for actual pecuniary loss resulting from such defaults;
(d) assumes the obligations of Subcontractor under this Agreement within the statutory time limits.
Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors, or if Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may, absent any applicable legal limitation, terminate this Agreement upon giving forty-eight (48) hours written notice, by certified mail, to Subcontractor, its trustee, and its surety, if any, unless Subcontractor, the surety, or the trustee:
(a) promptly cures all defaults;
(b) provides adequate assurance of future performance;
(c) compensates Contractor for actual pecuniary loss resulting from such defaults; and
(d) assumes the obligations of Subcontractor within the statutory time limits.
Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors, or if Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may, absent any applicable legal limitation, terminate this Agreement upon giving forty-eight (48) hours written notice, by certified mail, to Subcontractor and its surety, if any. If an order for relief is entered under the Bankruptcy Code with respect to Subcontractor, Contractor may terminate this Agreement by giving forty-eight (48) hours written notice, by certified mail, to Subcontractor, its trustee, and its surety, if any, unless Subcontractor, the surety, or the trustee:
(a) Promptly cures all defaults;
(b) Provides adequate assurance of future performance;
(c) Compensates Contractor for actual pecuniary loss resulting from such defaults; and
(d) Assumes the obligations of Subcontractor within the statutory time limits.
Termination Absent Cure. Upon the appointment of a receiver for Subcontractor or upon Subcontractor making an assignment for the benefit of creditors, or if Subcontractor seeks protection under the Bankruptcy Code or commits any other act of insolvency, Contractor may, absent any applicable legal limitation, terminate this Agreement upon giving forty-eight (48) hours written notice, by certified mail, to Subcontractor and its surety, if any. If an order for relief is entered under the Bankruptcy Code with respect to Subcontractor, Contractor may terminate this Agreement by giving
(a) promptly cures all defaults;
(b) provides written assurance acceptable to Contractor of future performance;
(c) compensates Contractor for actual pecuniary loss resulting from such defaults; and
(d) assumes the obligations of Subcontractor within the statutory time limits.
Termination Absent Cure. If the Subcontractor files a petition under the Bankruptcy Code, the Subcontractor agrees it is essential to the performance of this Subcontract and the overall completion of the Project that the Subcontract Work continue without interruption, and further that this Agreement shall terminate if the Subcontractor or the Subcontractor's trustee rejects the Agreement or, if there has been a default, the Subcontractor is unable to give adequate assurance that the Subcontractor will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code.
Termination Absent Cure. If the Subcontractor files a petition under the Bankruptcy Code, the Subcontractor agrees it is essential to the performance of this Master Subcontract Agreement
Termination Absent Cure. If the Subcontractor files a peti- tion under the Bankruptcy Code, the Subcontractor agrees it is essen- tial to the performance of this Subcontract and the overall comple- tion of the Project that the Subcontract Work continue without inter- ruption, and further that this Agreement shall terminate if the Sub- contractor or the Subcontractor's trustee rejects the Agreement or, if there has been a default, the Subcontractor is unable to give xxx- xxxxx assurance that the Subcontractor will perform as required by this Agreement or otherwise is unable to comply with the require- ments for assuming this Agreement under the applicable provisions of the Bankruptcy Code.
Termination Absent Cure. Upon the appointment of a receiver for the Subcontractor or upon the Subcontractor making an assignment for the benefit of creditors, the Contractor may terminate this Agreement upon giving three (3) working days written notice (in the manner provided for Notice under Section 10.1.3) to the Subcontractor and its surety, if any. If an order for relief is entered under the bankruptcy code with respect to the Subcontractor, the Contractor may terminate this Agreement by giving three (3) working days written notice (as required by said order, or if the order is silent, in the manner provided for Notice under Section 10.1.3) to the Subcontractor, its trustee, and its surety, if any, unless the Subcontractor, the surety, or the trustee:
(a) promptly cures all defaults;
(b) provides adequate assurances of future performance;
(c) compensates the Contractor for actual pecuniary loss resulting from such defaults; and
(d) assumes the obligations of the Subcontractor within the statutory time limits.
