Termination for Breach of Contract. 1. Except as provided in PSC-6, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, CITY may give CONTRACTOR written notice of the default. CITY’S default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of CITY. Additionally, CITY’S default notice may offer CONTRACTOR an opportunity to provide CITY with a plan to cure the default, which shall be submitted to CITY within the time period allowed by CITY. At CITY’S sole discretion, CITY may accept or reject CONTRACTOR’S plan. If the default cannot be cured or if CONTRACTOR fails to cure within the period allowed by CITY, then CITY may terminate this Contract due to CONTRACTOR’S breach of this Contract.
2. If the default under this Contract is due to CONTRACTOR’S failure to maintain the insurance required under this Contract, CONTRACTOR shall immediately: (1) suspend performance of any services under this Contract for which insurance was required; and
Termination for Breach of Contract. If either party commits a material breach of the Contract which is either not capable of remedy, or, if it is capable of remedy, he fails to remedy such breach within 28 days of being notified by the other party in writing to do so, that other party shall be entitled to terminate the Contract with immediate effect by notice in writing to the party that committed the material breach and without prejudice to any other rights or remedies of either party in respect of the breach concerned or any other breach of the Contract.
Termination for Breach of Contract. The Business Associate agrees that the Covered Entity may immediately terminate the Contract if the Covered Entity determines that the Business Associate has violated a material part of this Addendum.
Termination for Breach of Contract. 14.1. If CONTRACTOR or CAPCOG breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to terminate the contract or either party may invoke the dispute resolution process of Sec. 14.
14.2. Termination for breach under this section does not waive either party's claim for damages resulting from the breach.
Termination for Breach of Contract. 1. Except for excusable delays as provided in PSC-7, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, the CITY may give CONTRACTOR written notice of such default. If CONTRACTOR does not cure such default or provide a plan to cure such default which is acceptable to the CITY within the time permitted by the CITY, then the CITY may terminate this Contract due to CONTRACTOR’S breach of this Contract.
2. If a federal or state proceeding for relief of debtors is undertaken by or against CONTRACTOR, or if CONTRACTOR makes an assignment for the benefit of creditors, then the CITY may immediately terminate this Contract.
3. If CONTRACTOR engages in any dishonest conduct related to the performance or administration of this Contract or violates the CITY’S lobbying policies, then the CITY may immediately terminate this Contract.
4. In the event the CITY terminates this Contract as provided in this section, the CITY may procure, upon such terms and in such manner as the CITY may deem appropriate, services similar in scope and level of effort to those so terminated, and CONTRACTOR shall be liable to the CITY for all of its costs and damages, including, but not limited, any excess costs for such services.
5. All finished or unfinished documents and materials produced or procured under this Contract, including all intellectual property rights thereto, shall become CITY property upon date of such termination. CONTRACTOR agrees to execute any documents necessary for the CITY to perfect, memorialize, or record the CITY’S ownership of rights provided herein.
6. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that CONTRACTOR was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to PSC-10(A)
Termination for Breach of Contract. (i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.
(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.
(iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.
Termination for Breach of Contract. In the case of a breach by the Stagiaire of commitments under Article 6 or misconduct in carrying out activities under Article 3, the internship supervisor reserves the right to terminate the internship at any time and without notice, after informing the relevant person at the educational institution.
Termination for Breach of Contract.
1. The consequences of failing to fulfil an obligation (breach of contract) are governed by the Dutch Civil Code. The Dutch Civil Code contains provisions which determine when a failure is attributable and under which conditions the creditor(s) is (are) entitled to compensation. If parties do not include provisions regarding termination for breach, the provisions in the Dutch Civil Code will apply. Please bear in mind that article 6:265 of the Dutch Civil Code allows the rescission of a mutual agreement (e.g. a consortium agreement) in full or in part for every failure of a party in the performance of one of his obligations, unless the failure, given its specific nature or minor importance, does not justify this rescission and its legal effects.
2. However, as this section of the Dutch Civil Code is (mostly) permissive law, it is possible to derogate from the articles of this section of the Civil Code. The consortium agreement can set out circumstances in which a party can be terminated, e.g. if a party fails to perform on time or according to the full project proposal or does not perform at all. The provisions should include a formal notification procedure (e.g. a Notice of default) and a reasonable term for repairing the alleged breach. If after the reasonable term, the party has not complied, default arises and the other parties can terminate the defaulting party and demand compensation (unless the defaulting party can claim Force Majeure). With regard to the compensation the remaining parties are entitled to, please take into account the provisions with regard to the limitation of contractual liabilities.
3. If the fulfilment of a party’s obligations under the consortium agreement is permanently or temporarily impossible, this procedure need not be followed and the obligation of the party that is in breach to pay a compensation arises automatically (unless that party can claim Force Majeure).
Termination for Breach of Contract. 4.25.1 If CONTRACTOR refuses or fails to prosecute the WORK or any separable part thereof in accordance with the PLANS AND SPECIFICATIONS or with such diligence as will ensure its completion within the time specified herein, or an extension thereof, or fails to complete such WORK within time, or if he or any of his SUBCONTRACTOR(S) should violate any of the provisions of the CONTRACT, XXXXXXX may terminate this CONTRACT.
4.25.2 In the event of any such termination, XXXXXXX shall immediately serve written notice thereof upon the Surety and CONTRACTOR, and the Surety shall have the right to take over and perform the CONTRACT; provided however, that if the Surety within fifteen (15) DAYS after the serving upon it of a notice of termination does not give XXXXXXX written notice of its intention to take over and perform the CONTRACT and does not commence performance thereof within thirty (30) DAYS from the date of serving said notice, XXXXXXX may take over the WORK and prosecute the same to completion by CONTRACT or by any other method XXXXXXX may deem advisable. XXXXXXX may, without liability for so doing, take possession of and utilize in completing the WORK such MATERIALS, appliances, plants and other property belonging to CONTRACTOR that may be on the site of the WORK and be necessary therefore. For any portion of such WORK that XXXXXXX elects to complete by furnishing employees, MATERIALS, tools and equipment, XXXXXXX shall be compensated for such in accordance with the schedule of compensation for force account work in the section on payment for changes in the WORK.
4.25.3 The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to XXXXXXX.
Termination for Breach of Contract. This clause sets out the circumstances in which we or you may terminate the Contract and the procedures to be followed. For your position following termination for breach see clause 16 and clause 17.
15.1 If you breach the Contract we may terminate the Contract by giving you written notice of termination.
15.2 We may choose to give you an opportunity to remedy your breach. If you are given opportunity to remedy your breach but do not do so to our reasonable satisfaction, we may terminate the Contract. We are not obliged to give you an opportunity to remedy your breach.
15.3 Unless we are in breach of a condition implied by legislation you must not terminate the Contract for breach by us without first giving us written notice of the breach which allows us a reasonable opportunity to remedy the breach.
15.4 Because any termination by you which does not comply with this clause will be a serious breach of contract, you should discuss the matter with us if you think that we have breached the Contract.
