Termination for Breach or Default. If the County terminates the Contract for default or breach of any Contract provision or condition, then the termination will be immediate after notice of termination to the Contractor (unless the County provides for an opportunity to cure), and the Contractor will not be permitted to seek termination costs. Upon any termination pursuant to this section, the Contractor will be liable to the County for costs that the County must expend to complete the Work, including costs resulting from any related delays and from unsatisfactory or non-compliant work performed by the Contractor or its subcontractors. The County will deduct such costs from any amount due to the Contractor; or if the County does not owe the Contractor, the Contractor must promptly pay the costs within 15 days of a demand by the County. This section does not limit the County’s recovery of any other damages to which it is entitled by law. Except as otherwise directed by the County, the Contractor must stop work on the date of receipt the notice of the termination.
Termination for Breach or Default. VITA shall have the right to terminate this Contract, in whole or in part, or any order issued hereunder, in whole or in part, or an Authorized User may terminate an order, in whole or in part, for breach and/or default of Supplier. Supplier shall be deemed in breach and/or default in the event that Supplier fails to meet any material obligation set forth in this Contract or in any order issued hereunder. If XXXX xxxxx the Supplier to be in breach and/or default, VITA shall provide Supplier with notice of breach and/or default and allow Supplier thirty (30) days to cure the breach and/or default. If Supplier fails to cure the breach as noted, VITA may immediately terminate this Contract or any order issued hereunder, in whole or in part. If an Authorized User deems the Supplier to be in breach and/or default of an order, such Authorized User shall provide Supplier with notice of breach and/or default and allow Supplier thirty (30) days to cure the breach and/or default. If Supplier fails to cure the breach and/or default as noted, such Authorized User may immediately terminate its order, in whole or in part. Any such termination shall be deemed a Termination for Breach or a Termination for Default of an order. An Authorized User shall also have the right to terminate an affected Service as provided under any termination rights included in the applicable service level agreement. In addition, if Supplier is found by a court of competent jurisdiction to be in violation of or to have violated 31 USC 1352 or if Supplier becomes a party excluded from Federal Procurement and Nonprocurement Programs, VITA may immediately terminate this Contract, in whole or in part, for breach. VITA shall provide written notice to Supplier of such termination and Supplier shall provide written notice to VITA if Supplier is charged with violation of 31 USC 1352 or if federal debarment proceedings are instituted against Supplier.
Termination for Breach or Default. If either party fails substantially to perform any of its material obligations hereunder (the "Defaulting Party"), the other party (the "Non-defaulting Party") shall have the right to give the Defaulting Party a notice of default ("Notice of Default"). The Notice of Default shall set forth the nature of the obligation that the Defaulting Party has not performed. If, within the ninety (90) day period following the giving of the Notice of Default, the Defaulting Party in good faith commences to perform such obligation and cure such default and, thereafter, prosecutes to completion with diligence and continuity the curing thereof without material adverse affect on the financial performance or operations of Physicians Care, it shall be deemed that the default shall not have occurred and the Agreement shall remain in effect. If within such ninety (90) day period the Defaulting Party does not commence in good faith the curing of such default or does not thereafter prosecute to completion with diligence and continuity the curing hereof, the Non-defaulting Party shall have the right to terminate this Agreement at the end of that ninety (90) day period. The right to terminate this Agreement shall be in addition to any other remedy available to the Non-defaulting Party, on account of any such breach or default. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof.
Termination for Breach or Default. The Exchange shall have the right to terminate the Agreement, in whole or in part, for breach, default, or both by CDO. CDO shall be deemed in breach or default when CDO fails to meet any material obligation set forth in the Agreement. If the Exchange deems CDO to have materially breached the Agreement, the Exchange shall provide CDO with notice and allow CDO a reasonable period to cure the breach not to exceed fifteen (15) days. If CDO fails to cure the breach, the Exchange may immediately terminate the Agreement, in whole or in part.
Termination for Breach or Default. If the County terminates the Contract for default or breach of any Contract provision or condition, then the termination will be immediate after notice of termination to the Contractor (unless the County provides for an opportunity to cure), and the Contractor will not be permitted to seek termination costs. Except as otherwise directed by the County, the Contractor must stop work on the date of receipt the notice of the termination.
Termination for Breach or Default. If the GRANTEE fails to perform in the manner called for in this Agreement, the DEPARTMENT may terminate this Agreement for Breach or Default. Termination for Breach or Default shall be effected by serving a written notice of termination on the GRANTEE, setting forth the manner in which the GRANTEE is in breach or default. The GRANTEE shall only be paid for services performed in accordance with the manner of performance set forth in this Agreement. If it is later determined by the DEPARTMENT that the GRANTEE had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the GRANTEE, the DEPARTMENT, after setting up a new delivery of performance schedule, may allow the GRANTEE to continue work, or treat the termination as a termination for convenience.
Termination for Breach or Default. Either party may terminate a Statement of Work if the other party has committed a breach of its obligations under a Statement of Work and the breaching party has not cured said breach within [REDACTED: Time Period] after receipt of written notice of such breach; provided, however, that if the party providing such written notice of breach to the breaching party determines that the nature of the breach is such that more than [REDACTED: Time Period] may be required for its cure, then the party providing such written notice of breach may grant the breaching party a longer period of time to cure such breach.
Termination for Breach or Default. If either party ("Defaulting Party") fails substantially to perform any of its material obligations under this Agreement, the other party ("Non-Defaulting Party") shall have the right to give the Defaulting Party a "Notice of Default." The Notice of Default shall set forth the nature of the obligation that the Defaulting Party has not performed. If, within ten (10) days following the giving of the Notice of Default, the Defaulting Party in good faith commences to cure the default, and thereafter diligently and continuously pursues the curing to completion within thirty (30) days of such notice, unless the default is impossible to cure within thirty (30) days, in which event the Defaulting Party must continuously and diligently pursue a cure to completion within a reasonable time, it shall be deemed that the Notice of Default has not been given, and the Defaulting Party shall not lose any of its rights under this Agreement by reason of the event giving rise to the Notice of Default, although such Defaulting Party may be required to pay interest relating to such default if so required by the terms of this Agreement. If, within the ten (10) day notice period, the Defaulting Party does not commence in good faith the curing of the default or does not thereafter diligently and continuously prosecute and achieve the curing to completion within the applicable cure period, the Non-Defaulting Party shall have the right to terminate this Agreement upon ten (10) days' written notice to the Defaulting Party.
Termination for Breach or Default. (a) Each Party may terminate the Agreement upon written notice to the other Party in the event the other Party breaches a material term of the Agreement and fails to cure such breach within thirty (30) days after written notice from the non-breaching Party.
(b) Except as may be prohibited by the U.S. bankruptcy laws, the Agreement or any Order may also be terminated immediately by either Party if the other Party: (i) becomes insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver, or similar authority; or (ii) becomes subject to any bankruptcy or insolvency proceedings or orders.
Termination for Breach or Default. Either Party may immediately terminate this Agreement, by giving written notice of termination to the other, upon the occurrence of any of the following events:
i. A Party breaches any of its material obligations under this Agreement and does not cure the breach within thirty (30) calendar days (or such other time period, as may be reasonably agreed by the Parties under the circumstances) after the non-breaching Party provides written notice of the breach.
ii. A Party dissolves, liquidates or otherwise discontinues substantially all of its business operations, ceases to carry on business as a going concern, becomes the object of voluntary or involuntary bankruptcy or liquidation, or a receiver is appointed with respect to a substantial part of its assets.
iii. City fails to pay to Contractor, within forty-five (45) calendar days after Contractor makes written demand therefore through the invoice process, any past-due amount payable under this Agreement that is not the subject of a good faith dispute.
iv. Contractor engages in fraud, criminal conduct, or willful misconduct, or breaches the confidentiality obligations under this Agreement.
v. In the event of termination, such information prepared by Contractor to carry out this contract, including data, studies, surveys, records, drawings, maps and reports shall, at the option of City, become the property of the City and be immediately turned over to the City. Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials.
vi. Notwithstanding the above, Contractor shall not be relieved of liability to City by virtue of any breach of this contract by Contractor and City may withhold any payments to Contractor for the purpose of set off until such time as the exact amount of damages due City from Contractor are determined.
