Common use of Termination by the District for Cause Clause in Contracts

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 prohibits the City's performance hereunder; interference in possession or performance of materials or services by a governmental entity in connection with a public emergency or any condemnation or other taking by eminent domain of any material portion of the Marina Property.

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 in Default. If the City does not cure such Default within 60 days after receipt of written notification from the· 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 : i. Failure of the City to substantially meet the Operational Performance Indicators; , as set forth in Exhibit C. D. 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. D. 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. D. 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. 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 prohibits the City's performance hereunder; interference in possession or performance of materials or services by a governmental entity in connection with a public emergency or any condemnation or other taking by eminent domain of any material portion of the Marina Property.

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. CD. 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. CD. 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. CD. 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 prohibits the City's performance hereunder; interference in possession or performance of materials or services by a governmental entity in connection with a public emergency or any condemnation or other taking by eminent domain of any material portion of the Marina Property.

Termination by the District for Cause. If The District encourages good business practices by requiring contractors to materially perform in accordance with the City fails terms and conditions of the District Agreement. In accordance with Chapter 40E-7, Part II, F.A.C., “material breach” is defined as failing to perform any material provisions (after the Cure Notice expires) as required by Section 9.1 of this Agreement or performing an act materially inconsistent with the terms and conditions of this Agreement. If Developer materially breaches this Agreement, the District may find will provide written notice of the City to be .in Defaultdeficiency through a notice citing the specific nature of the material breach (the “Cure Notice”). If the City does not cure such Default within 60 Developer shall have thirty (30) days after receipt of written notification from the· District that such failure has occurred, or provide a plan the Cure Notice to cure the breach (or to initiate the diligent prosecution of such default which cure if the breach is acceptable of such a nature that it cannot reasonably be cured within thirty (30) days). If Developer fails to cure the breach within the thirty (30) day period (or, for a breach that cannot reasonably be cured within thirty (30) days, fails to diligently prosecute such cure), the District in the reasonable exercise of its judgment, then may issue a termination for default notice. Once the District mayhas provided Developer a termination for default notice, 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 Governing Board shall determine whether Developer should be suspended from doing future work with the District, and if so, for what period 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 District's Governing Board will consider the factors listed in Rule 40E-7, Part II, F.A.C., in making a determination as to whether Developer should be suspended and, if so, for what period of Default if the inspection report finds that the City has substantially met the Operational Performance Indicators set forth time. Notwithstanding any language 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 this Agreement to the District in the reasonable exercise of its discretion. ii Notwithstanding the abovecontrary, 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 prohibits the City's performance hereunder; interference in possession or performance of materials or services by a governmental entity in connection with a public emergency or any condemnation or other taking by eminent domain of any material portion of the Marina Property.Developer’s failure: