Common use of Termination by Owner for Default Clause in Contracts

Termination by Owner for Default. If the Professional defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, the Owner may give written notice to the Professional (i) terminating this Agreement effective seven (7) calendar days from the date of notice; or (ii) setting forth the nature of the default and requesting the Professional initiate cure within seven (7) calendar days from the date of notice. At any time thereafter, if the Professional fails to initiate cure upon the request of the Owner and continue such cure until complete, the Owner may give notice to the Professional of immediate termination. If the Owner terminates this Agreement pursuant to this paragraph, and it is subsequently determined by a court of competent jurisdiction that the Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.3.

Appears in 10 contracts

Samples: Owner and Professional Agreement, Professional Services Agreement, Agreement Between Owner and Professional

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Termination by Owner for Default. If the Professional defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, the Owner may give written notice to the Professional (ia) terminating this Agreement effective seven (7) calendar days from the date of notice; or (iib) setting forth the nature of the default and requesting the Professional initiate cure within seven (7) calendar days from the date of notice. At any time thereafter, if the Professional fails to initiate cure upon the request of the Owner and continue diligently prosecute such cure until complete, the Owner may give notice to the Professional of immediate termination. If the Owner terminates this Agreement pursuant to this paragraphSection, and it is subsequently determined by a court of competent jurisdiction that the Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph Section 8.3.

Appears in 4 contracts

Samples: Professional Services, Professional Services, Professional Services

Termination by Owner for Default. If the Professional defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, the Owner may give written notice to the Professional (ia) terminating this Agreement effective seven (7) calendar days from the date of notice; or (iib) setting forth the nature of the default and requesting the Professional initiate cure within seven (7) calendar days from the date of notice. At any time thereafter, if the Professional fails to initiate cure upon the request of the Owner and continue diligently prosecute such cure until complete, the Owner may give notice to the Professional of immediate termination. If the Owner terminates this Agreement pursuant to this paragraphParagraph, and it is subsequently determined by a court of competent jurisdiction that the Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.37.3.

Appears in 1 contract

Samples: Professional Services

Termination by Owner for Default. If the Professional Consultant defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, the Owner may give written notice to the Professional Consultant (ia) terminating this Agreement effective seven (7) calendar days from the date of notice; or (iib) setting forth the nature of the default and requesting the Professional Consultant initiate cure within seven (7) calendar days from the date of notice. At any time thereafter, if the Professional Consultant fails to initiate cure upon the request of the Owner and continue diligently prosecute such cure until complete, the Owner may give notice to the Professional Consultant of immediate termination. If the Owner terminates this Agreement pursuant to this paragraphParagraph, and it is subsequently determined by a court of competent jurisdiction that the Professional Consultant was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.3.3.5.‌‌‌‌‌‌

Appears in 1 contract

Samples: Cost Estimating Services Agreement

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Termination by Owner for Default. 8.1.1 If the Professional defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, the Owner may give written notice to the Professional (i) terminating this Agreement effective seven (7) calendar days from the date of notice; or (ii) setting forth the nature of the default and requesting the Professional initiate cure within seven (7) calendar days from the date of notice. At any time thereafter, if the Professional fails to initiate cure upon the request of the Owner and continue such cure until complete, the Owner may give notice to the Professional of immediate termination. If the Owner terminates this Agreement pursuant to this paragraph, and it is subsequently determined by a court of competent jurisdiction that the Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.3.

Appears in 1 contract

Samples: Annual Continuing Professional Services Agreement

Termination by Owner for Default. If the Professional defaults by failing to substantially perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, the Owner may give written notice to the Professional (ia) terminating this Agreement effective seven (7) calendar days from the date of notice; or (iib) setting forth the nature of the default and requesting the Professional initiate cure within seven (7) calendar days from the date of notice. At any time thereafter, if the Professional fails to initiate cure upon the request of the Owner and continue diligently prosecute such cure until complete, the Owner may give notice to the Professional of immediate termination. If the Owner terminates this Agreement pursuant to this paragraphParagraph, and it is subsequently determined by a court of competent jurisdiction that the Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.3.

Appears in 1 contract

Samples: Professional Services

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