Termination by the District for Cause. District may terminate this Facilities Lease, for default pursuant to the provisions of this Section, for the following causes:
Termination by the District for Cause. If the City fails to perform any material provisions of this Agreement, the District may find the City to be .in Default. If the City does not cure such Default within 60 days after receipt of written notification from the· District that such failure has occurred, or provide a plan to cure such default which is acceptable to the District in the reasonable exercise of its judgment, then the District 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 City to substantially meet the Operational Performance Indicators; as set forth in Exhibit C. If the City disputes the District's finding of such failure, the City 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 C. Unless the parties agree to a different time, the report of the inspection must be completed within 30 days of notice of Default and will be shared with both Parties. The District must withdraw its notice of Default if the inspection report finds that the City has substantially met the Operational Performance Indicators set forth in Exhibit C. Unless the parties agree to a different time, the City 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 District in the reasonable exercise of its discretion. ii Notwithstanding the above, the City 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 that are not the result of the City'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 an event that is sudden, unexpected, or unusual makes it impossible or impractical for the City to perform its obligations under this Agreement; a change in law that prohi...
Termination by the District for Cause. The District may terminate Employee’s employment hereunder for cause. For the purposes of this Agreement, cause shall be defined as follows:
i. Employee’s commission of an act of fraud, embezzlement, misappropriation, willful misconduct, or breach of fiduciary duty against the District, or any other action by Employee which has a material detrimental effect on the reputation or goodwill of the District, as reasonably determined by the Board, in the Board’s reasonable discretion;
ii. Employee’s theft, dishonesty, or falsification of any document or record related to the District, as reasonably determined by the Board in the Board’s reasonable discretion;
iii. Employee’s improper use or disclosure of the District’s confidential or proprietary information, as reasonably determined by the Board in the Board’s reasonable discretion;
iv. Employee’s unlawful use or possession of illegal drugs on the District’s premises or while performing Employee’s duties and responsibilities;
v. Employee’s arrest or conviction (including any plea of guilty or nolo contendere) of any criminal act that, in the reasonable determination of the District, impairs Employee’s ability to perform Employee’s responsibilities with the District or has a material detrimental effect on the reputation or business of the District; or
vi. Any material breach by Employee of this Agreement or applicable District policy, as reflected in the District’s Employee Handbook or any other policy document distributed to District’s Employees in general (if any) or to Employee, as such may be determined and updated by the District from time to time in its reasonable discretion.
Termination by the District for Cause. The Board may remove Assistant Superintendent and terminate this Agreement pursuant to the procedures set forth in School Code
Termination by the District for Cause. 7.1.1 If Consultant breaches any provision of this Agreement, and if such breach is not cured within ten (10) days after receiving written notice from the District specifying such breach in reasonable detail, the District will have the right to terminate or suspend this Agreement by giving written notice thereof to Consultant.
7.1.2 In the event of termination or suspension for cause under this Section 7.1, the District may pursue any and all available remedies. Without limiting the foregoing, if Consultant is in breach, it will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Agreement and the replacement or cover agreement and all administrative costs directly related to the replacement agreement (e.g., costs of soliciting proposals, mailing, advertising, and staff time).
7.1.3 The District has the right to suspend all or part of the services due under this Agreement, withhold any outstanding payments, and otherwise prohibit Consultant from incurring additional obligation of funds during investigation of any alleged compliance breach and pending corrective action by Consultant or a decision by the District to terminate the Agreement. A termination will be deemed a “Termination for Convenience” if it is determined by a court of competent jurisdiction that (1) Consultant was not in default; or (2) failure to perform was outside of Consultant’s control, fault, or negligence.
7.1.4 The rights and remedies of the District provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law.
Termination by the District for Cause. 13.2.1 The District will have the right to terminate the Contract for cause at any time after the occurrence of any of the following events:
13.2.1.1 The Design-Build Entity becomes insolvent or files for relief under the bankruptcy laws of the United States.
13.2.1.2 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.
13.2.1.3 A receiver is appointed to take charge of the Design-Build Entity's property.
13.2.1.4 The commencement or completion of any work activity is thirty (30) days or more behind the Date set forth in the Contract Schedule for such work activity, and which results in an Inexcusable Delay.
13.2.1.5 The Design-Build Entity abandons work on the Project.
13.2.2 Upon the occurrence of any of the following events, the District 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 ten (10) days after notice from the District, or within such longer period of time as is reasonably necessary to complete such cure:
13.2.2.1 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.
13.2.2.2 The Design-Build Entity fails to make prompt payment of amounts properly due Subcontractors after receiving payment from the District.
13.2.2.3 The Design-Build Entity disregards Applicable Code Requirements.
13.2.2.4 The Design-Build Entity persistently or materially fails to execute the work on the Project in accordance with the Contract Documents.
13.2.2.5 The Design-Build Entity is in default of any other material obligation under the Contract Documents.
13.2.2.6 The Design-Build Entity persistently or materially fails to comply with applicable safety requirements.
13.2.3 Upon any of the occurrences referred to in Subsections 13.2.1 and 13.2.2, the District may, at its election and by notice to the Design-Build Entity, terminate the Contract 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 District may deem expedient. If req...
Termination by the District for Cause. 8.1.1. District may terminate Contractor’s right to proceed under this Agreement, in whole or in part, for cause at any time after the occurrence of any material breach under Paragraph 7.
Termination by the District for Cause. The District may terminate the Contractor’s right to complete the Work under this Agreement, in whole or in part, if Contractor fails to provide proper supervision or enough properly skilled workers or proper materials, equipment, tools or machinery; fails to make timely payment to Subcontractors or suppliers; disregards or violates any laws or regulations; fails to timely perform the Work; fails to promptly correct rejected or non-conforming Work or remedy property damage for which it is responsible; if Contractor has committed a material breach of this Agreement or if Contractor files for bankruptcy or if a receiver is appointed on account of insolvency.
Termination by the District for Cause
