TERMINATION FOR CAUSE/DEFAULT Clause Samples

TERMINATION FOR CAUSE/DEFAULT. Owner agrees and Contractor understands that NCORR through CM, may act on behalf of Owner to enforce Contractor’s performance under this Agreement including action to terminate this Agreement for cause or default to protect Owner’s interest in the Property and the expenditure of federal CDBG-▇▇ ▇▇▇▇▇ funds. Action to terminate the Agreement for cause may arise if the following occur: (1) Contractor is adjudged as bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed because of its insolvency; (2) Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough skilled labor or proper materials; (3) Contractor materially fails pay its subcontractors or suppliers; (4) Contractor persistently performs substandard work, that is, work that materially departs from the approved Construction Documents and/or uses materials not specified in the Construction Documents; (5) Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; (6) Contractor materially violates the Project’s safety protocols and/or federal/state safety standards or rules that resulted in a personal injury, death or significant property damage; (7) Contractor has persistently been found in noncompliance with the Federal Contract Terms and Requirements (Attachment C) in particular CDBG- DR requirements of this Agreement; (8) Contractor has materially and substantially breached the Contract; and (9) Contractor fails to so prosecute the Work as to ensure its completion by the Completion Date as extended by approved change order(s).

TERMINATION FOR CAUSE/DEFAULT. The City shall have the right to terminate the contract at any time for failure to provide satisfactory performance. Termination by the City for cause, default or negligence on the part of the contractor shall be excluded from any termination costs. Advance notice will be waived in the event of termination for cause.

TERMINATION FOR CAUSE/DEFAULT. 1. The COUNTY may, by written notice to the CONTRACTOR, terminate this Contract for default in whole or in part (delivery orders, if applicable) if the CONTRACTOR fails to: a. Provide products or services that comply with any specifications contemplated in this Contract or any attachment hereto or fails to meet the COUNTY’S performance standards; b. Deliver the supplies or to perform the services within the time specified in this Contract or any extension; c. Make progress so as to endanger performance of this Contract; or d. Perform any of the other provisions of this Contract. 2. Prior to termination for default, the COUNTY will provide adequate written notice to the CONTRACTOR through the Manager of the County’s Procurement Division, affording them the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the CONTRACTOR in accordance with the County’s Procurement Ordinance. The CONTRACTOR and its sureties (if any) shall be liable for any damage to the COUNTY resulting from the CONTRACTOR’S default of the contract. This liability includes any increased costs incurred by the COUNTY in completing contract performance.

TERMINATION FOR CAUSE/DEFAULT. The Contract shall remain in force for the Initial Contract Term or any Renewal Contract Term(s) and until MCPS determines that all of the Contract requirements and conditions have been met. MCPS shall have the right to terminate this Contract sooner if the Contractor is in breach or default or has failed to perform satisfactorily the Work required, as determined by MCPS at its discretion. If MCPS determines the Contractor has failed to perform satisfactorily, MCPS will give the Contractor written notice of such failure and the opportunity to cure such failures within at least fifteen (15) days before termination of the Contract takes effect (“Cure Period”). If the Contractor fails to cure within the Cure Period or as otherwise specified in the notice, the Contract may be terminated for the Contractor’s failure to provide satisfactory Contract Performance. If through any cause, the Contractor fails to fulfill in a timely and proper manner their obligations under the Contract, or if the Contractor violates any of the covenants, agreements, or stipulations of the Contract, MCPS shall thereupon have the right to terminate the Contract, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models and reports prepared by the Contractor under the Contract shall at the option of MCPS, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed. However, upon termination pursuant to this section, the Contractor shall be liable to MCPS for all costs incurred by MCPS after the effective date of termination, including costs required to be expended by MCPS to complete the Work covered by the Contract, including costs of delay in completing the Work or the cost of repairing or correcting any unsatisfactory or non-compliant work performed or provided by the Contractor or its subcontractors. Such costs shall be either deducted from any amount due the Contractor or shall be promptly paid by the Contractor to MCPS upon demand by MCPS. Additionally, and notwithstanding any provision in this Contractor to the contrary, the Contractor is liable to MCPS, and MCPS shall be entitled to recover all damages to which MCPS is entitled by this Contract or by law, including, but not limited to, direct damages, indirect damages, consequential damages, delay damages,...

TERMINATION FOR CAUSE/DEFAULT. In the event either party materially defaults on its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of the termination as set forth in the notice, which date shall be no sooner than ten (10) days after the date of notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination and except for reimbursement of (1) any payments made by the City for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance.

TERMINATION FOR CAUSE/DEFAULT. Upon written Notice, which must be provided in accordance with Article XVII. Notice of this Agreement, the City and/or the Board shall have the right to terminate this Agreement for cause, in whole or in part, if Developer fails to: (1) comply with any material term or condition of this Agreement, which shall be deemed a default (provided for the purposes of this section, a deviation of five percent (5%) or less in the number of homes stated in TABLE 1 within Section 5.2 of this Agreement shall not be a material breach); and (2) fails to cure such default in accordance with the requirements set forth in this Article 11.

TERMINATION FOR CAUSE/DEFAULT. If Contractor fails to provide the goods or services contracted for according to the provisions of the Contract or fails to comply with any of the terms or conditions of the Contract, TEA may, upon written notice of default to Contractor, immediately terminate all or any part of the Contract. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided in equity, by law or under the Contract. TEA may exercise any other right, remedy or privilege which may be available to it under applicable law of the State and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract, or to recover damages for the breach of any agreement being derived from the Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless TEA notifies Contractor in writing prior to the exercise of such remedy. Following any termination for cause/default, Contractor shall remain liable for all covenants and indemnities under the Contract and shall be liable for all costs and expenses, including court costs, incurred by TEA with respect to the enforcement of any of the remedies listed herein.

TERMINATION FOR CAUSE/DEFAULT. Upon written notice, which must be provided in accordance with Article XVII. Notice of this Agreement, the City and/or the Board shall have the right to terminate this Agreement for cause, in whole or in part, if Developer fails to: (1) comply with any material term or condition of this Agreement, which shall be deemed a default; and, (2) cure such default.

TERMINATION FOR CAUSE/DEFAULT. If the Performing Party fails to provide the goods or services contracted for according to the provisions of the Contract, or fails to comply with any of the terms or conditions of the Contract, TEA may, upon written notice of default to the Performing Party, immediately terminate all or any part of the Contract. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law or under the Contract. TEA may exercise any other right, remedy or privilege which may be available to it under applicable law of the state and any other applicable law or may proceed by appropriate court action to enforce the provisions of the Contract, or to recover damages for the breach of any agreement being derived from the Contract. The exercise of any of the foregoing remedies will not constitute a termination of the Contract unless TEA notifies the Performing Party in writing prior to the exercise of such remedy. The Performing Party shall remain liable for all covenants and indemnities under the Contract. The Performing Party shall be liable for all costs and expenses, including court costs, incurred by TEA with respect to the enforcement of any of the remedies listed herein.