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:
(a) Fails to supply sufficient, properly-skilled workers or proper workmanship, products, materials, tools, and equipment to perform the Services;
(b) Fails to observe or comply with all laws or ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, provincial, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
(c) Fails to observe or comply with the City’s reasonable instructions;
(d) Breaches any Conflict of Interest provision in article 15 of this Agreement; or
(e) Otherwise violates any provision of this Agreement.
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. 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. (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.
(ii) In the event of “cause”, Owner 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. As used herein, “cause” shall mean that (x) Xxxx Xxxxxxx, Xxxx Xxxxx and/or Don Ankeny is found, by final determination of a court of competent jurisdiction, to have committed fraud against Owner or misappropriation of Owner’s funds, (y) Manager makes a voluntary filing for protection under the bankruptcy laws, or (z) either (1) Manager is not controlled by one or more of Xxxx Xxxxxxx, Xxxx Xxxxx and/or Don Ankeny (or, if all of the foregoing individuals are disabled or deceased, other individuals currently or at any future time associated with Manager and reasonably acceptable to Owner), or (2) at least fifty percent (50%) of Manager is not owned, directly or indirectly, by one or more of such individuals, Manager’s employees (or employees of Affiliates of Manager), their immediate family members and/or trust and estate planning vehicles established for the benefit of the family members of any of such individuals.
Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Consultant or any subconsultant defaults or fails to deliver the Services in accordance with the terms and conditions of this Agreement. Such termination must be in writing, setting forth the effective date of termination, and will not result in any penalty or other charges to the City, and may be issued without any prior notice. Without limitation, Consultant is in default of its obligations contained in this Agreement if Consultant, or any subconsultant:
i. Fails to perform the required Services within the term and/or in the manner provided under this Agreement;
ii. Fails to supply sufficient, properly skilled workers or proper workmanship, products, material, tools and equipment to perform the Services;
iii. Fails to observe or comply with all laws, ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, state, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
iv. Fails to observe or comply with the City’s reasonable instructions;
v. Breaches the Conflict of Interest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.
Termination for Cause or Default. The Agreement may be terminated for cause under the following provisions:
Termination for Cause or Default. The MSJ may terminate this Agreement, in whole or in part, because of CONTRACTOR’s failure to fulfill any of its obligations. The MSJ 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 the MSJ 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 the MSJ for damage sustained to MSJ by virtue of any breach of the Agreement by the Contractor. The MSJ 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 MSJ by the Contractor. MSJ 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 Cause or Default. The Customer may terminate the Contract with immediate effect by giving written notice to the Supplier if the Supplier commits a Default and if: the Supplier has not remedied the Default to the satisfaction of the Customer within ten (10) Working Days or such other period as may be specified by the Customer, after issue of a written notice specifying the Default and requesting it to be remedied; or the Default is not, in the opinion of the Customer, capable of remedy; or the Default is a Material Breach of the Contract. If the Customer fails to pay the Supplier undisputed sums of money when due, the Supplier shall notify the Customer in writing of such failure to pay. If the Customer fails to pay such undisputed sums within ninety (90) Working Days of receipt of such notice of failure to pay undisputed sums of money from the Supplier, the Supplier may terminate the Contract by notice in writing to the Customer by giving the Customer thirty (30) Working Days notice, save that: such right of termination shall not apply where the failure to pay is due to the Customer exercising its rights under Clause 56.6 (Recovery of Sums Due); and any notice of termination from the Supplier to the Customer provided under this Clause 67.4.2 shall be deemed cancelled and ineffective if the Customer pays the undisputed sum of money due to the Supplier at least five (5) Working Days prior to the expiry of the notice of termination.
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, Tenant 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.
