Termination by the City for Cause. City may terminate this Contract in the event of a material default by Engineer and a failure by Engineer to cure such default after receiving notice thereof, as provided in this Section. Default by Engineer shall occur if Engineer fails to observe or perform any of its duties under this Contract, if Engineer dies (if an individual), or for some other reason is unable to render services hereunder. Should such a default occur, the Director will deliver a written notice to Engineer describing such default and the proposed date of termination. Such date may not be sooner than the seventh day following receipt of the notice. The Director, at his or her sole option, may extend the proposed date of termination to a later date. If Engineer cures such default to the Director's reasonable satisfaction prior to the proposed date of termination, then the proposed termination shall be ineffective. If Engineer fails to cure such default prior to the proposed date of termination, then City may terminate its performance under this Contract as of such date, and Engineer shall deliver all Documents to the Director within seven days of the effective date of the termination. If the City's cost of obtaining completion of the work by other engineers, in combination with other direct costs sustained by the City as a result of the default, exceeds the remaining contract amounts unpaid to Engineer, the City shall not be obligated to make any further payment to Engineer. This provision does not relieve Engineer of any other obligation Engineer may have to the City.
Termination by the City for Cause. The City may terminate this Agreement and the employment of the City Attorney at any time for cause upon the affirmative vote of at least three (3) members of the City Council. For purposes of this Agreement and this Section 3.1, “for cause” means the occurrence of any of the following events: (a) Employee’s material breach of this Agreement; (b) Employee’s failure or inability to perform her duties within the expectations of the City as determined by the City Council; (c) Employee’s arrest or conviction for a felony or any other crime involving moral turpitude or dishonesty which, in the good faith opinion of the City as determined by the City Council, would impair Employee’s ability to perform her duties or the City’s reputation; (d) Employee’s failure, refusal to comply with, violation, or breach of the North Las Vegas Charter, North Las Vegas Municipal Code, the City’s policies, procedures, standards, codes of conduct, or federal, state or local regulations which apply to the City; (e) Employee’s unauthorized disclosure of the City’s trade secrets and/or other confidential business information; (f) Employee’s breach of her duty of loyalty or other fiduciary duties; (g) Employee’s act of fraud, misrepresentation, dishonesty, concealment, theft, embezzlement, or the misappropriation of City assets; (h) Employee’s inability or failure to secure and/or maintain her required licenses by government agencies with jurisdiction over the City or Employee; (i) Employee’s continued unsatisfactory job performance; (j) the City Attorney manufacturing, distributing, dispensing, transporting, or possessing illegal drugs; (k) the City Attorney being under the influence of alcohol during working hours or while on City property or in City vehicles; or (l) the City Attorney misusing or abusing prescription drugs or having present in her body illegal drugs in any amount during working hours or while on City property or in City vehicles. It is expressly acknowledged and agreed that the decision as to whether “cause” exists for termination of the employment relationship by the City is delegated to the City Council. If Employee disagrees with the decision reached by the City Council any dispute as to the “cause” determination will be limited to whether the City reached its decision in good faith and not for any arbitrary, capricious or illegal reason, which shall be the standard applied by any fact finder.
Termination by the City for Cause. Each of the following acts or omissions of CMAR or occurrences shall constitute an "Event of Default" under the Contract:
Termination by the City for Cause. If the District fails to perform any material provisions of this Agreement, the City may find the District to be in Default. If the District does not cure such Default within 60 days after receipt of written notification from the City that such failure has occurred, or provide a plan to cure such default which is acceptable to the City in the reasonable exercise of its judgment, then the City may, by written notice of Default, terminate this Agreement for cause, effective 365 days after notice of termination, or earlier if agreed by both parties. The parties agree that not every violation of a provision of this Agreement is grounds for Default. A reasonable materiality standard will apply. In addition, the term "Default" for purposes of this Section also includes the following:
i. Failure of the District to substantially meet the Operational Performance Indicators, as set forth in Exhibit D. If the District disputes the City's finding of such failure, the District may at its sole expense commission an independent third party agreeable to both parties to conduct an inspection of the facilities to assess its performance of its obligations as set forth in Exhibit D. Unless the parties agree to a different time, the report of the inspection must be completed within 30 days of the notice of Default and will be shared with both Parties. The City must withdraw its notice of Default if the inspection report finds that the District has substantially met the Operational Performance Indicators set forth in Exhibit D. Unless the parties agree to a different time, the District will have the longer of (i) 30 days from completion of the report of inspection or (ii) 60 days from the notice of Default to cure any deficiencies, or provide a plan to cure any deficiencies that is acceptable to the City in the reasonable exercise of its discretion.
ii. Failure of the District to operate the Marina Area for a period of more than 30 calendar days.
iii. Notwithstanding the above, the District will not be in Default if its failure to perform is caused by reasons reasonably outside its control. Such failures expressly include, but may not be limited to: failure caused by the default or delayed performance by a third party contractor of work to replace any of the Docks or other improvements that are not a result of District’s actions; failures caused by labor unrest or work stoppages; failures resulting from a Casualty Event in which damage, destruction, or loss of property due to a...
Termination by the City for Cause. 10.2.1 MAG Specifications § 108.11 applies to the Agreement.
10.2.2 City may also terminate the Agreement if City determines, in its sole discretion that Contractor has:
a. After prior written notice, refused or failed to supply enough properly skilled workers or proper materials;
b. After prior written notice, failed to make payment to Subcontractors for materials or labor in accordance with the respective agreements between Contractor and the Subcontractors;
c. After prior written notice, disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction;
d. After prior written notice, repeatedly failed to comply with written directives from City;
e. Is adjudged as bankrupt or insolvent;
f. Made a general assignment for the benefit of creditors;
g. Appointed a trustee or receiver for itself or any of its property;
h. Filed a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws; or
i. Otherwise breached a provision of the Agreement Documents or any other Agreement between City and Contractor.
10.2.3 When any of the above reasons exist, City may terminate the Agreement, without prejudice to any other rights or remedies of City, after giving Contractor and Contractors’ surety, if any, 7 Days written notice of City’s intent to terminate the Agreement and Contractor’s failure to cure any such reasons. Upon such termination, City may: (1) take possession of the Site and of all materials thereon owned by Contractor; or (2) finish the Work by whatever reasonable method City may deem expedient. When City terminates the Agreement for one of the reasons state above, Contractor will not be entitled to receive further payment until the Work is finished. If the unpaid balance of the Agreement Price existing at the time of such termination exceeds the costs and expenses of finishing the Work and any other damages incurred by City, such excess will be paid to Contractor. If such costs, expenses and damages exceed such unpaid balance, Contractor must pay the difference to City. This obligation for payment will survive termination of the Agreement.
Termination by the City for Cause. 13.1.1 The City will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events:
(a) The Design Build Entity becomes insolvent or files for relief under the bankruptcy laws of the United States.
(b) The Design Build Entity makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due.
(c) A receiver is appointed to take charge of the Design Build Entity’s property.
(d) The commencement or completion of any work activity is 14 days or more behind the Date set forth in the Contract Schedule for such work activity, and which results in an Unexcusable Delay.
(e) The Design Build Entity abandons work on the Project.
13.1.2 Upon the occurrence of any of the following events, the City will have the right to terminate the Contract for cause if the Design Build Entity fails to promptly commence to cure such default and diligently prosecute such cure within five (5) days after notice from the City, or within such longer period of time as is reasonably necessary to complete such cure:
(a) The Design Build Entity persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the work on the Project in accordance with the Contract Documents.
(b) The Design Build Entity fails to make prompt payment of amounts properly due Subcontractors after receiving payment from the City.
(c) The Design Build Entity disregards Applicable Code Requirements.
(d) The Design Build Entity persistently or materially fails to execute the work on the Project in accordance with the Contract Documents.
(e) The Design Build Entity is in default of any other material obligation under the Contract Documents.
(f) The Design Build Entity persistently or materially fails to comply with applicable safety requirements.
13.1.3 Upon any of the occurrences referred to in Subparagraphs 13.2.1 and 13.2.2, the City may, at its election and by notice to the Design Build Entity, terminate the Contract and/or the Design Build Entity’s right to perform work on the Project, and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by the Design Build Entity; accept the assignment of any or all of the subcontracts; and then complete the Project by any method the City may deem expedient. If requested by the C...
Termination by the City for Cause. 13.2.1 The City will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events:
.1 Contractor becomes insolvent or files for relief under the bankruptcy laws of the United States.
.2 Contractor makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due.
.3 A receiver is appointed to take charge of Contractor's property.
.4 The commencement or completion of any Work activity on the critical path is more than 30 days behind the date set forth in the Contract Schedule for such Work activity, as a result of an Unexcusable Delay. For a Contract with a Contract Time of less than 300 days, the 30-day period shall be reduced to the number of days commensurate with 10% of the Contract Time.
.5 Contractor abandons the Work.
13.2.2 Upon the occurrence of any of the following events, the City will have the right to terminate the Contract for cause if Contractor fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from the City, or within such longer period of time as is reasonably necessary to complete such cure and agreed upon in advance by the City:
.1 Contractor persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents.
.2 Contractor fails to make prompt payment of amounts properly due Subcontractors and suppliers after receiving payment from the City.
.3 Contractor disregards Applicable Code Requirements.
.4 Contractor persistently or materially fails to execute the Work in accordance with the Contract Documents.
.5 Contractor is in default of any other material obligation under the Contract Documents.
.6 Contractor persistently or materially fails to comply with applicable safety requirements.
13.2.3 Upon any of the occurrences referred to in Articles 13.2.1 and 13.2.2, the City may, at its election and by notice to Contractor, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the City may deem expedient. If requested by the City, Contractor shall remove any part or all of Contractor's materials, suppl...
Termination by the City for Cause. If the CM/GC fails to perform any of its obligations under this Contract, including any obligation it assumes to perform portions of the Work with its own forces, the City may give the CM/GC written notice of the deficiency and direct immediate corrective action. If the CM/GC fails to perform in accordance with such notice, within seven (7) days from the receipt of City's written notice, the City may perform the work involved and deduct the costs from funds due or to become due CM/GC. The CM/GC shall have the right, however, to make good any deficiencies or commence and continue to cure any default during the seven
8.1.1 If the CM/GC fails to furnish City with assurances satisfactory to the City evidencing the CM/GC's ability to complete the Work in compliance with all the requirements of the Contract Documents, or if it fails after commencement of the Work to proceed continuously with the construction and completion of the Work for more than ten (10) days, except as permitted under the Contract Documents or if it makes a general assignment for the benefit of its creditors approved by City Council prior to said assignment, or if a trustee or receiver appointed on account of its insolvency is unable to maintain progress, or if it refuses or fails to supply enough properly skilled workers or proper materials, or if it fails to make proper payment to Trade Contractors for materials or labor, or disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or is guilty of a substantial violation of a provision of this Contract, then the City may, without prejudice to any right or remedy and after giving the CM/GC and its surety ten (10) days' written notice, during which period the GM/GC fails to commence and continue to cure the violation, terminate the employment of the CM/GC and take possession of the Project site and of all materials, equipment, tools, construction equipment and machinery thereon and may finish the Project by whatever reasonable method the City may deem expedient. In the event of such termination, the City shall reimburse the CM/GC for any unpaid and undisputed portion of the Cost of Work incurred
Termination by the City for Cause. 14.1.1 Each of the following acts or omissions of CMAR or occurrences shall constitute an "Event of Default" under the Contract:
14.1.1.1 CMAR refuses or fails to supply enough properly skilled workers or proper Products;
14.1.1.2 CMAR disregards laws, ordinances, rules, regulations, or orders of a public authority having jurisdiction;
14.1.1.3 CMAR is guilty of material breach of any duty or obligation of CMAR under the Contract, including, but not limited to, failure to submit certified payrolls electronically;
14.1.1.4 CMAR has had any other contract with the City terminated for cause at any time subsequent to the effective date of the Contract as set out in the Contract; or
14.1.1.5 CMAR fails to utilize Ultra Low Sulfur Diesel Fuel, as required in Paragraph 3.9.1.1.
14.1.2 If an Event of Default occurs, Director may, at his option and without prejudice to any other rights or remedies which the City may have, deliver a written notice to CMAR and Surety describing the Event of Default and giving the CMAR ten (10) days to commence and diligently pursue the cure of the Event of Default. If after the ten (10) day cure period, CMAR has failed or refused to commence and diligently pursue the cure of the Event of Default, then Director may deliver a second written notice to CMAR giving notice of the termination of the Contract or of the termination of CMAR's performance under the Contract ("Notice of Termination"). If Director issues a Notice of Termination, then Director may, subject to any prior rights of Surety and any other rights of the City under the Contract Documents or at law:
14.1.2.1 request that Surety take over and restart the Work within thirty (30) days of termination and complete the Work within a reasonable period of time as established by the Director; or
14.1.2.2 take possession of the site and all materials, equipment, tools, and construction equipment and machinery on the site owned by CMAR; and
14.1.2.3 finish the Work by whatever reasonable method Director may deem expedient.
14.1.3 After CMAR's receipt of a Notice of Termination, and except as otherwise directed in writing by Director, CMAR shall:
14.1.3.1 stop the Work on the date and to the extent specified in the Notice of Termination;
14.1.3.2 place no further orders or subcontracts for Products or services;
14.1.3.3 suspend all orders and subcontracts to the extent that they relate to performance of work terminated;
14.1.3.4 assign to the City, in the manner, at the times, and to ...
Termination by the City for Cause. 14.2.1 The City may terminate its performance and Concessionaire’s rights under this Agreement in the event of default by Concessionaire and a failure by Concessionaire to cure such default after receiving notice thereof, all as provided in this Section. Default by Concessionaire shall occur if Concessionaire fails to observe or perform any of its duties under this Agreement or if Concessionaire shall become insolvent, or if all or a substantial part of Concessionaire’s assets shall be seized for the benefit of Concessionaire’s creditors or if a receiver or trustee shall be appointed for Concessionaire. Should such a default occur, the Director will deliver a written notice to Concessionaire describing such default and the proposed date of termination. Such date may not be sooner than the 30th day following receipt of the notice. Director, in his reasonable judgment, may extend the proposed date of termination to a later date if the nature of the default requires more than 30 days to cure. If prior to the proposed date of termination, Concessionaire cures such default to the Director’s reasonable satisfaction, then the proposed termination shall be ineffective. If Concessionaire fails to cure such default prior to the proposed date of termination, then City may terminate its performance and Concessionaire’s rights under this Agreement as of such date, at no further obligation of the City.
14.2.2 Final termination for cause by the City shall be effected by a written notice from the Director to Concessionaire.
