Termination for Cause or Default. The City reserves the right to immediately cancel all or any part of this Agreement if the Consultant or any Subconsultant defaults or fails to deliver the Services in accordance with the terms and conditions of this Agreement. Such cancellation shall be in writing, may be without notice, and shall not result in any penalty or other charges to the City. Without limitation, the Consultant is in default of its obligations contained in this Agreement if the Consultant, or any Subconsultant:
Termination for Cause or Default. Estancia Corazón, Inc. may terminate this Agreement, in whole or in part, because of CONTRACTOR’s failure to fulfill any of its obligations. Estancia Corazón, Inc. shall terminate this Agreement by delivering to the CONTRACTOR a thirty (30) day notice of termination specifying the extent to which the performance of the service under this Agreement is terminated, the reason therefor and the effective date of termination. CONTRACTOR shall, upon written notice, be provided a ten (10) day opportunity to cure the alleged defect that resulted in the perceived default. If the defect is not cured within that period of time, CONTRACTOR shall immediately discontinue all such services being terminated and deliver to Estancia Corazón, Inc. all information, notes, drafts, documents, analysis, reports, compilations, studies and other materials accumulated or generated in performing the services contemplated in this Agreement, whether completed or in process. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to Estancia Corazón, Inc. for damage sustained to Estancia Corazón, Inc. and PRDOH CDBG-DR Program by virtue of any breach of the Agreement by the CONTRACTOR. The Estancia Corazón, Inc. may withhold any payments to the CONTRACTOR, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the Estancia Corazón, Inc. by the CONTRACTOR. Estancia Corazón, Inc. shall make payment, in accordance with the terms of this Agreement, of any amounts due to CONTRACTOR for allowable services rendered prior to the termination notice. Termination for Convenience: Estancia Corazón, Inc. may terminate this Agreement, in whole or in part, whenever the Estancia Corazón, Inc. determines that such termination is necessary or convenient to the organization. The Estancia Corazón, Inc. will terminate this Agreement by delivering to the CONTRACTOR a thirty (30) day notice of termination specifying the extent to which the performance of the work under this Agreement is terminated, and the effective date of termination. Upon receipt of such notice, the CONTRACTOR shall immediately discontinue all services affected and deliver to the Estancia Corazón, Inc. all information, studies and other materials property of the Estancia Corazón, Inc. In the event of a termination by Notice, the Estancia Corazón, Inc. shall be liable only for payment of services rendered up to and including the effective date of termination. Estancia Corazón, Inc. shall m...
Termination for Cause or Default. (i) If either Owner or Manager shall default in the performance of any of its material obligations or breach their respective representations and warranties under this Agreement, the other party (“‘Non-Defaulting Party”) shall provide the defaulting party (“Recipient”) with written notice thereof setting forth the nature of the default, and the Recipient shall have (i) ten (10) days to cure a monetary default or (ii) thirty (30) days to cure a non-monetary default; provided, however, that if the nature of the alleged non-monetary default is such that it cannot reasonably be cured within thirty (30) days, the Recipient may cure such default by commencing in good faith to cure such default promptly after its receipt of such written notice and thereafter prosecuting the cure of such default to completion with diligence and continuity. If the recipient does not cure the default within the grace period specified in the preceding sentence, the Non-Defaulting Party may elect to terminate this Agreement upon five (5) days written notice and, upon the expiration of such five-day period, this Agreement shall terminate, and, regardless of whether the Non-Defaulting Party elected to terminate the Agreement, the Non-Defaulting Party shall have the right to pursue all other legal remedies to which the Non-Defaulting Party may be entitled.
Termination for Cause or Default. Notwithstanding Section 2.01, this Agreement may be earlier terminated by Authority for Airline’s default in accordance with the provisions of Article 21 and such other provisions of this Agreement as are applicable.
Termination for Cause or Default. Company or Subcontractor may terminate this Agreement effective upon delivery of written notice of termination for Cause, pursuant to Article 18, to the other party for “Cause.” A party shall have Cause to terminate the Agreement if the other party: (i) breaches its obligations, or defaults in the performance of any of its obligations, under this Agreement; (ii) engages in acts of dishonesty; (iii) is convicted of, or pleads “guilty” or “no contest” to, a felony or crime involving moral turpitude; (iv) engages in illegal business practice(s), including but not limited to, the commission of fraud or embezzlement; or (v) manufactures, possesses, distributes, sells or offers for sale illegal, controlled or unauthorized substances that may cause addiction and/or affect coordination or memory. Additionally, Company shall have Cause if, in the sole discretion of Company, Subcontractor fails to comply with reasonable performance criteria established by Company and the Subcontractor was apprised by Company in writing of a failure, and: (i) the notification stated that notice was provided of failure of performance pursuant to this section; (ii) Subcontractor was afforded a reasonable opportunity, for a period of not less than two (2) business days, to comply with the criteria; and (iii) Subcontractor did not, in the sole discretion of Company, demonstrate substantial progress toward compliance with the Company’s performance criteria during the designated period. Upon receipt of said written notice of termination for Cause, the Agreement shall terminate and each party shall be paid or reimbursed for all work and services satisfactorily performed and all materials delivered through and until the effective date of termination. Additionally, each party reserves to itself all rights, offsets, counterclaims and other defenses which that party is or may be entitled to arising from or out of this Agreement.
Termination for Cause or Default. Either Party may terminate this Agreement as provided in this paragraph if the other Party fails to comply with the terms set forth herein. The Party alleging the default shall give the other party thirty (30) days prior written notice of the default citing the terms of the Agreement that have been breached and what action the defaulting Party must take to cure the default. If the Party in default fails to cure the default as specified in the notice, the Party giving the notice of default may terminate this agreement by thirty (30) days prior written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Agreement as allowed by law, including any damages or costs suffered by either party. This provision is not intended to and does not act as a waiver of the City’s sovereign immunity.
Termination for Cause or Default. If the County fails to provide the contracted for commodities and or services according to the provisions of this Contract, or fails to comply with any of the terms or conditions of this Contract, the OAG may, upon notice of default to the County, immediately terminate all or any part of this 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 this Contract. The OAG 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 proceed by appropriate court action to enforce the provisions of this Contract, or to recover damages for the breach of any agreement being derived from this Contract. The exercise of any of the foregoing remedies will not constitute a termination of this Contract unless the OAG notifies the County in writing prior to the exercise of such remedy. The County will remain liable for all covenants and indemnities under the aforesaid agreement. The County will be liable for all costs and expenses, including court costs, incurred by the OAG with respect to the enforcement of any of the remedies listed herein.
Termination for Cause or Default. In the event the College determines the Contractor has failed to comply with the terms and conditions of this Contract in a timely manner, the College has the right to suspend or terminate this Contract or any portion thereof. Before suspending or terminating the Contract, the College shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within thirty (30) days, the Contract may be terminated. In the event of termination, the Contractor shall be liable for damages as authorized by law including, but not limited to , any cost difference between the original Contact and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertisement, and staff time. The College reserves the right to suspend all or part of the Contract, withhold funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the College to terminate the Contract. A termination shall be deemed to be a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the College provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law.
Termination for Cause or Default. NPRB may terminate this Agreement, in whole or in part, in accordance with Appendix 2 and follow the procedures contained therein in the event that the Recipient: fails or refuses to perform any component of the Scope of Work within the time provided, fails to obtain appropriate permits, violates any of the conditions of this Agreement, o r if it becomes evident that the Recipient is not conducting the work in accordance with the specifications or with diligence so as to permit delivery on or before the specified delivery date. Delays in delivery beyond the time specified in this Agreement due to causes beyond the control and without the fault or negligence of the Recipient may be excused by NPRB if the Recipient notifies NPRB in writing of the cause of such delay within a reasonable time and requests an extension of the Project Period.
Termination for Cause or Default. Notwithstanding anything contained in the Lease to the contrary, Resident agrees to abide strictly by all covenants and conditions herein made and any violation shall be construed as a material breach of this Lease. In the event of such breach, this Lease may be terminated by Owner.
