Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs: (i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner; (ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board; (iii) Failure to execute the Ground Lease or the Right of Entry; (iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party; (v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program as set forth in section 1.2 hereof; or (vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 5 contracts
Samples: Project Delivery and Construction Agreement, Project Delivery and Construction Agreement, Project Delivery and Construction Agreement
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] AB 900 Jail Financing Program as set forth in section 1.2 hereof; or
(vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 4 contracts
Samples: Project Delivery and Construction Agreement, Project Delivery and Construction Agreement, Project Delivery and Construction Agreement
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (applicable laws, as defined in the BSCC Agreement) Agreement (“Applicable Laws”), provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program as set forth in section 1.2 hereof; or
(vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 2 contracts
Samples: Project Delivery and Construction Agreement, Project Delivery and Construction Agreement
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] SB 863 Local Criminal Justice Facilities Financing Program as set forth in section 1.2 hereof; or
(vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 1 contract
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (applicable laws, as defined in the BSCC Agreement) agreement (“Applicable Laws”), provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program as set forth in section 1.2 hereof; or
(vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 1 contract
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) In the event the BSCC terminates the BSCC Agreement, with the consent of the BoardIn the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] AB 900 Jail Financing Program as set forth in Section 1.2 hereof; or
(vi) In the event the Board determines the Participating County is no longer eligible for Project financing under the AB 900 Jail Financing Program as set forth in section 1.2 hereof; or
(vi) Termination hereofTermination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 1 contract
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] AB 900 Jail Financing Program as set forth in section Sectionsection 1.2 hereof; or
(vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 1 contract
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) Failure to execute the Ground Lease or the Right of Entry;
(iv) Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] AB 900 Jail Financing Program as set forth in section Section 1.2 hereof; or
(vi) Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 1 contract
Termination by the State. The [Department or the ]BSCC, with the consent of the Board, or the Board may terminate this Agreement in the event any of the following occurs:
(i) : The Participating County’s breach of a material term of this Agreement, any Project Document or any Applicable Laws (as defined in the BSCC Agreement) provided the Participating County has not cured such breach in all respects within thirty (30) days from notice of said breach, which cure period may be extended for a reasonable time with the consent of the Agencies if the Participating County demonstrates that such additional time is required to cure such breach in a diligent and commercially reasonable manner;
(ii) ; Substantive alteration of the Board approved scope, cost or schedule for the Project as set forth in Exhibit A without the prior written approval of the Board;
(iii) ; Failure to execute the Ground Lease or the Right of Entry;
(iv) ; Failure to provide the Participating County Funding (as hereinafter defined) when and as required under this Agreement, the Law or any Project agreement to which the Participating County is a party;
(v) ; In the event the Board determines the Participating County is no longer eligible for Project financing under the [ENTER PROGRAM NAME] Financing Program as set forth in section 1.2 hereof; or
(vi) or Termination of the BSCC Agreement as provided for in Article 1, Section C of the BSCC Agreement.
Appears in 1 contract