Common use of Termination Due to Default by Contractor Clause in Contracts

Termination Due to Default by Contractor. If Contractor defaults pursuant to the provision(s) of the Master Facilities Lease and the District terminates the Master Facilities Lease pursuant to the Master Facilities Lease provision(s) allowing termination, then the Contractor shall be deemed to be in default of this Master Site Lease and this Master Site Lease shall also terminate at the same time as the Master Facilities Lease. 7.1.1. Default of Contractor includes, without limitation: 7.1.1.1. Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified or any extension thereof, or 7.1.1.2. Contractor fails to complete said Work within the time specified or any extension thereof, or 7.1.1.3. Contractor persistently fails or refused to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or 7.1.1.4. Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition not dismissed within sixty (60) days; or 7.1.1.5. Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or 7.1.1.6. Contractor persistently or repeatedly refuses fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified; or 7.1.1.7. Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or 7.1.1.8. Contractor persistently disregards laws, or ordinances, or instructions of District; or 7.1.1.9. Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or 7.1.1.10. Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract. 7.1.2. Upon termination, District may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety: 7.1.2.1. Within three (3) days after service upon it of the notice of tender, gives District written notice of Xxxxxx’s intention to takeover and perform this Contract; and 7.1.2.2. Commences performance of the Contract within seven (7) days from date of serving of its notice to District. 7.1.3. If Surety fails to notify District or begin performance as indicated herein, District may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to District for any excess cost or other damages the District incurs thereby. Time is of the essence in the Contract. If the District takes over the Work as herein provided, District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.

Termination Due to Default by Contractor. If Contractor defaults pursuant to the provision(s) of the Master Facilities Lease and the District terminates the Master Facilities Lease pursuant to the Master Facilities Lease provision(s) allowing termination, then the Contractor shall be deemed to be in default of this Master Site Lease and this Master Site Lease shall also terminate or its right to perform the work of the Project, at the District’s determination, at the same time as the Master Facilities Lease. 7.1.1. Default of Contractor includes, without limitation: 7.1.1.1. Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified or any extension thereof, or 7.1.1.2. Contractor fails to complete said Work within the time specified or any extension thereof, or 7.1.1.3. Contractor persistently fails or refused to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or 7.1.1.4. Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition not dismissed within sixty (60) daysdays or Contractor files for dissolution or otherwise stops operating as a business; or 7.1.1.5. Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or 7.1.1.6. Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified; or 7.1.1.7. Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or 7.1.1.8. Contractor persistently disregards laws, or ordinances, or instructions of District; or 7.1.1.9. Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or 7.1.1.10. Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract. 7.1.2. Upon termination, District may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety: 7.1.2.1. Within three seven (37) days after service upon it of the notice of tender, gives District written notice of XxxxxxSurety’s intention to takeover and perform this Contract; and 7.1.2.2. Commences performance of the Contract within seven ten (710) days from date of serving of its notice to District. 7.1.3. If Surety fails to notify District or begin performance as indicated herein, District may takeover take over the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to District for any excess cost or other damages the District incurs thereby. Time is of the essence in the Contract. If the District takes over the Work as herein provided, District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.

Termination Due to Default by Contractor. If Contractor defaults pursuant to the provision(s) of the Master Facilities Lease and the District terminates the Master Facilities Lease pursuant to the Master Facilities Lease provision(s) allowing termination, then the Contractor shall be deemed to be in default of this Master Site Lease and this Master Site Lease shall also terminate or Contractor’s right to perform the work of the Project, at the District’s determination, at the same time as the Master Facilities Lease. 7.1.1. Default of Contractor includes, without limitation: 7.1.1.1. Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified Contract Time or any extension thereof, or 7.1.1.2. Contractor fails to complete said Work within the time specified Contract Time or any extension thereof, or 7.1.1.3. Contractor persistently fails or refused refuses to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or 7.1.1.4. Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition is not dismissed within sixty (60) days; or 7.1.1.5. Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or 7.1.1.6. Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in within the time specifiedContract Time; or 7.1.1.7. Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or 7.1.1.8. Contractor persistently disregards laws, or ordinances, or instructions of District; or 7.1.1.9. Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or 7.1.1.10. Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract. 7.1.2. Upon termination, District may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract the Work only if Surety: 7.1.2.1. Within three (3) days after service upon it of the notice of tender, gives District written notice of XxxxxxSurety’s intention to takeover and perform this Contractthe Work; and 7.1.2.2. Commences performance of the Contract Work within seven (7) days from date of serving of its notice of intention to takeover and perform the Work to District. 7.1.3. If Surety fails to notify District or begin performance of the Work as indicated herein, District may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to District for any excess cost or other damages the District incurs thereby. Time is of the essence in the Contract. If the District takes over the Work as herein provided, District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor or Subcontractors as may be on the Site of the Work, in bonded storage, or previously paid for.

Termination Due to Default by Contractor. If Contractor defaults pursuant to the provision(s) of the Master Facilities Lease and the District terminates the Master Facilities Lease pursuant to the Master Facilities Lease provision(s) allowing termination, then the Contractor shall be deemed to be in default of this Master Site Lease and this Master Site Lease shall also terminate or its right to perform the work of the Project, at the District’s determination, at the same time as the Master Facilities Lease. 7.1.1. Default of Contractor includes, without limitation: 7.1.1.1. Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified or any extension thereof, or 7.1.1.2. Contractor fails to complete said Work within the time specified or any extension thereof, or 7.1.1.3. Contractor persistently fails or refused refuses to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or 7.1.1.4. Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition is not dismissed within sixty (60) days; or 7.1.1.5. Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or 7.1.1.6. Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified; or 7.1.1.7. Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or 7.1.1.8. Contractor persistently disregards laws, or ordinances, or instructions of District; or 7.1.1.9. Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or 7.1.1.10. Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract. 7.1.2. Upon termination, District may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety: 7.1.2.1. Within three (3) days after service upon it of the notice of tender, gives District written notice of XxxxxxSurety’s intention to takeover and perform this Contract; and 7.1.2.2. Commences performance of the Contract within seven (7) days from date of serving of its notice to District. 7.1.3. If Surety fails to notify District or begin performance as indicated herein, District may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to District for any excess cost or other damages the District incurs thereby. Time is of the essence in the Contract. If the District takes over the Work as herein provided, District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.

Termination Due to Default by Contractor. If Contractor defaults pursuant to the provision(s) of the Master Facilities Lease and the District terminates the Master Facilities Lease pursuant to the Master Facilities Lease provision(s) allowing termination, then the Contractor shall be deemed to be in default of this Master Site Lease and this Master Site Lease shall also terminate at the same time as the Master Facilities Lease. 7.1.1. Default of Contractor includes, without limitation: 7.1.1.1. Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified or any extension thereof, or 7.1.1.2. Contractor fails to complete said Work within the time specified or any extension thereof, or 7.1.1.3. Contractor persistently fails or refused to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or 7.1.1.4. Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition not dismissed within sixty (60) days; or 7.1.1.5. Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or 7.1.1.6. Contractor persistently or repeatedly refuses fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified; or 7.1.1.7. Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or 7.1.1.8. Contractor persistently disregards laws, or ordinances, or instructions of District; or 7.1.1.9. Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or 7.1.1.10. Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract. 7.1.2. Upon termination, District may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety: 7.1.2.1. Within three (3) days after service upon it of the notice of tender, gives District written notice of XxxxxxSurety’s intention to takeover and perform this Contract; and 7.1.2.2. Commences performance of the Contract within seven (7) days from date of serving of its notice to District. 7.1.3. If Surety fails to notify District or begin performance as indicated herein, District may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to District for any excess cost or other damages the District incurs thereby. Time is of the essence in the Contract. If the District takes over the Work as herein provided, District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.

Termination Due to Default by Contractor. If Contractor defaults pursuant to the provision(s) of the Master Facilities Lease and the District terminates the Master Facilities Lease pursuant to the Master Facilities Lease provision(s) allowing termination, then the Contractor shall be deemed to be in default of this Master Site Lease and this Master Site Lease shall also terminate or its right to perform the work of the Project, at the District’s determination, at the same time as the Master Facilities Lease. 7.1.1. Default of Contractor includes, without limitation: 7.1.1.1. Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified or any extension thereof, or 7.1.1.2. Contractor fails to complete said Work within the time specified or any extension thereof, or 7.1.1.3. Contractor persistently fails or refused to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or 7.1.1.4. Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition not dismissed within sixty (60) days; or 7.1.1.5. Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or 7.1.1.6. Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified; or 7.1.1.7. Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or 7.1.1.8. Contractor persistently disregards laws, or ordinances, or instructions of District; or 7.1.1.9. Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or 7.1.1.10. Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract. 7.1.2. Upon termination, District may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety: 7.1.2.1. Within three (3) days after service upon it of the notice of tender, gives District written notice of XxxxxxSurety’s intention to takeover and perform this Contract; and 7.1.2.2. Commences performance of the Contract within seven (7) days from date of serving of its notice to District. 7.1.3. If Surety fails to notify District or begin performance as indicated herein, District may takeover the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to District for any excess cost or other damages the District incurs thereby. Time is of the essence in the Contract. If the District takes over the Work as herein provided, District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.

Termination Due to Default by Contractor. If Contractor defaults pursuant to the provision(s) of the Master Facilities Lease and the District terminates the Master Facilities Lease pursuant to the Master Facilities Lease provision(s) allowing termination, then the Contractor shall be deemed to be in default of this Master Site Lease and this Master Site Lease shall also terminate or its right to perform the work of the Project, at the District’s determination, at the same time as the Master Facilities Lease. 7.1.1. Default of Contractor includes, without limitation: 7.1.1.1. Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified or any extension thereof, ortime 7.1.1.2. Contractor fails to complete said Work within the time specified or any extension thereof, or 7.1.1.3. Contractor persistently fails or refused to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or 7.1.1.4. Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition not dismissed within sixty (60) daysdays or Contractor files for dissolution or otherwise stops operating as a business; or 7.1.1.5. Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or 7.1.1.6. Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified; or 7.1.1.7. Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or 7.1.1.8. Contractor persistently disregards laws, or ordinances, or instructions of District; or 7.1.1.9. Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or 7.1.1.10. Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract. 7.1.2. Upon termination, District may immediately serve written notice of tender upon Surety whereby Surety shall have the right to takeover and perform this Contract only if Surety: 7.1.2.1. Within three seven (37) days after service upon it of the notice of tender, gives District written notice of Xxxxxx’s intention to takeover and perform this Contract; and 7.1.2.2. Commences performance of the Contract within seven ten (710) days from date of serving of its notice to District. 7.1.3. If Surety fails to notify District or begin performance as indicated herein, District may takeover take over the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to District for any excess cost or other damages the District incurs thereby. Time is of the essence in the Contract. If the District takes over the Work as herein provided, District may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.