Termination for Contractor Default Clause Samples

Termination for Contractor Default. Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Contractor fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Contractor shall be deemed to be in default of this Agreement (the “Contractor Default”), unless the default has occurred solely as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include:

Termination for Contractor Default. The Contractor’s failure to fully and timely perform its obligations under the Contract Documents or to strictly comply with terms and conditions of the Contract Documents shall constitute default of the Contractor; in such event, the District may terminate the Contract for cause upon seven (7) days written notice to the Contractor. Unless the Contractor commences, and diligently thereafter prosecutes to completion, all required actions to cure such default(s), the Contract is deemed terminated without further action of the District; such termination shall be effective the seventh (7th) day after the date of the District’s written notice. If the District terminates the Contract for default of the Contractor, the Contractor is liable to the District for all losses, costs and damages arising out of the Contractor’s default and costs to complete the Project Work which exceeds the remaining Contract Price at the time of termination.

Termination for Contractor Default. In addition to any other rights or remedies it has at law or in equity or under this Purchase Order, Tasmanian Railway may, by notice in writing to the Contractor terminate this Purchase Order, with effect from the date in the notice, if the Contractor: a. commits a breach of this Purchase Order; b. becomes, or in Tasmanian Railway's reasonable opinion is likely to become, bankrupt, insolvent or otherwise financially unable to fulfill its obligations under this Purchase Order, including becoming subject to external administration; c. ceases to carry on business; d. ceases to hold any licence, qualification, approval, authority or consent required for the Contractor to comply with its obligations under this Purchase Order (except to the extent that this is outside the Contractor's reasonable control); e. assigns any rights under this Purchase Order; or f. suffers a change in Control which in Tasmanian Railway's reasonable opinion may adversely affect the Contractor's ability to perform the Services under this Purchase Order. g. If this Purchase Order is terminated under this clause: h. subject to this Purchase Order, the parties are relieved from future performance of this Purchase Order, without prejudice to any right of action that has accrued at the date of termination; i. subject to this Purchase Order, all licenses’ and authorisations granted to the Contractor by Tasmanian Railway under this Purchase Order terminate immediately despite anything to the contrary contained in the relevant licence or authorisation; j. the Tasmanian Railway Confidential Information, Supplies and any other property supplied or given to the Contractor by Tasmanian Railway pursuant to this Purchase Order must be immediately returned to Tasmanian Railway; k. Tasmanian Railway is not obliged to make any further payments (including the payment of Fees) to the Contractor; and l. the Contractor will indemnify and hold Tasmanian Railway harmless against any Losses, costs and expenses arising out of or in connection with the termination or any breach of this Purchase Order by the Contractor.

Termination for Contractor Default. Retendering Election Subject to clause 51.1.2, the Authority shall be entitled to either: retender the provision of the Project in accordance with clause 51.2 (Retendering Procedure); or require an expert determination in accordance with clause 51.3 (No Retendering Procedure). the Authority shall be entitled to elect to retender the provision of the Project in accordance with clause 51.2 (Retendering Procedure) if: the Authority notifies the Contractor on or before the date falling twenty (20) Business Days after the Termination Date that it intends to retender; and there is a Liquid Market; and either: the Senior Lenders have not exercised their rights to step-in under the Direct Agreement; or the Contractor or the Senior Lenders have not procured the transfer of the Contractor's rights and liabilities under this Agreement to a Suitable Substitute Contractor and have failed to use all reasonable efforts to do so, but otherwise the Authority shall not be entitled to re-tender the provision of the Project and clause 51.3 (No Retendering Procedure) shall apply.

Termination for Contractor Default. If the Contractor shall fail to comply with any of the provisions or obligations under this Agreement or if the Contractor or any of its officers should be indicted or the subject of a governmental investigation (or if a subcontractor of Contractor or any of its officers has been indicted or the subject of a governmental investigation and Contractor does not terminate its subcontract with the subcontractor after instructions from Owner or Construction Manager to do so), Owner or Construction Manager shall have the right after three (3) days' written notice to the Contractor, to terminate in whole or in part Contractor's employment under this Agreement and to take possession of the Contractor's materials, tools, plant, equipment and appliances used or to be used for the construction, whether on or off the Site, (and for that purpose to enter the premises of the Contractor) and to cause the entire remaining Work to be finished and the materials therefor to be furnished by another contractor or contractors as the Owner or Construction Manager deems fit; and the Contractor shall not be entitled to any further payment unless and until all the Work specified in this Agreement shall be finished and then accepted by the Owner, at which time, if the unpaid balance of the amount to be paid under this Agreement shall exceed the expense incurred by the Owner and/or Construction Manager in finishing the Work, including overhead, attorneys' fees and damages incurred through the default of the Contractor, such excess shall be paid to the Contractor, but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Construction Manager if prior to Substantial Completion of the Work or to the Owner if after Substantial Completion of the Work. In the event of any such termination, Contractor shall comply with all directives of the Construction Manager or Owner with respect to Contractor’s activities on the Site, if any are permitted, and Contractor shall cooperate fully, as requested by the Construction Manager or Owner, to facilitate the efficient completion of Contractor's obligations hereunder. Should Contractor continue to perform Work following a termination, and should Owner or Construction Manager be willing to permit Contractor to do so, Contractor shall be deemed a volunteer with respect to any Work that was the subject of a termination, and Construction Manager’s or Owner’s willingness to permit Contractor to continue to perform ...

Termination for Contractor Default. If Contractor fails to perform the work set forth in the Owner-approved Correction Plan, in accordance with the revised schedule set forth therein, and Contractor fails to cure such failure within thirty (30) Calendar Days of notice thereof, Owner may terminate the Contract to the extent permitted by paragraph (f) of Article 26.2 (Termination for Contractor Default).

Termination for Contractor Default. 32.1 In addition to any other rights or remedies it has at law or in equity or under this Contract, DT Global may, by notice in writing to the Contractor terminate this Contract, with effect from the date in the notice, if the Contractor: (a) commits a breach of this Contract and: (i) that breach is not capable of remedy; (ii) fails to remedy that breach within 10 Business Days (or such further time as DT Global may, in its absolute discretion, specify), after receiving a notice from DT Global requiring the Contractor to remedy the breach; or (iii) does not commence to remedy that breach, within a reasonable time (having regard to the nature of the breach) after being given notice by DT Global requiring the Contractor to remedy the breach; (b) has regularly or persistently failed to meet any, some, or all requirements of this Contract, whether or not DT Global has required the Contractor to remedy a breach under Clause 32.1(a); (c) becomes, or in DT Global’s reasonable opinion is likely to become, bankrupt, insolvent or otherwise financially unable to fulfil its obligations under this Contract; (d) becomes subject to one of the forms of external administration provided for in Chapter 5 of the Corporations Act 2001; (e) is wound up by resolution or an order of the court; (f) ceases to carry on business; (g) makes an assignment of its estate for the benefit of creditors or enters into any arrangement or composition with its creditors or has a receiver and manager appointed on behalf of debenture holders or creditors; (h) suffers any execution against its assets having, or which in DT Global’s reasonable opinion is likely to have, an adverse effect on its ability to perform this Contract; (i) ceases to hold any licence, qualification, approval, authority or consent required for the Contractor to comply with its obligations under this Contract (except to the extent that this is outside the Contractor's reasonable control); (j) assigns its rights otherwise than in accordance with the requirements of this Contract; (k) suffers a change in Control which in DT Global's reasonable opinion may adversely affect the Contractor's ability to perform the Services under this Contract; (l) made a statement in its tender leading to this Contract and DT Global is satisfied on reasonable grounds that the statement was materially inaccurate or incorrect; (m) is in breach of any of the warranties regarding pre-listing proceedings, temporary suspension from tendering or listing ...

Termination for Contractor Default. 21.1.1 Save as otherwise provided in this Agreement, in the event that any of the defaults specified below shall have occurred, and the Contractor fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the Contractor shall be deemed to be in default of this Agreement (the “Contractor Default”), unless the default has occurred as a result of any breach of this Agreement by the Authority or due to Force Majeure. The defaults referred to herein shall include the following: (a) The Contractor fails to provide, extend or replenish, as the case may be, the Performance Security in accordance with this Agreement; (b) subsequent to the replenishment or furnishing of fresh Performance Security in accordance with Clause 7.3, the Contractor fails to cure, within a Cure Period of 30 (thirty) days, the Contractor Default for which the whole or part of the Performance Security was appropriated; (c) the Contractor does not achieve the latest outstanding Project Milestone due in accordance with the provisions of Schedule-I, subject to any Time Extension, and continues to be in default for 45 (forty five) days; (d) the Contractor abandons or manifests intention to abandon the construction of the Project without the prior written consent of the Authority; (e) the Contractor fails to proceed with the Works in accordance with the provisions of Clause 10.1 or stops Works for 30 (thirty) days without reflecting the same in the current programme and such stoppage has not been authorised by the Authority’s Engineer; (f) the Project Completion Date does not occur within the period specified in Schedule-I for the Scheduled Completion Date, or any extension thereof; (g) failure to complete the Punch List items within the periods stipulated therefor in Clause 12.3; (h) the Contractor fails to rectify any Defect, the non-rectification of which shall have a Material Adverse Effect on the Project, within the time specified in this Agreement or as directed by the Authority’s Engineer; (i) the Contractor subcontracts the Works or any part thereof in violation of this Agreement or assigns any part of the Works without the prior approval of the Authority; (j) the Contractor creates any Encumbrance in breach of this Agreement; (k) an execution levied on any of the assets of the Contractor has caused a Material Adverse Effect; (l) the Contractor is adjudged bankrupt or insolvent, or if a trustee or r...

Termination for Contractor Default. 32.1 In addition to any other rights or remedies it has at law or in equity or under this Contract, DT Global may, by notice in writing to the Contractor terminate this Contract, with effect from the date in the notice, if the Contractor: (a) commits a breach of this Contract and: (i) that breach is not capable of remedy; (ii) fails to remedy that breach within 10 Business Days (or such further time as DT Global may, in its absolute discretion, specify), after receiving a notice from DT Global requiring the Contractor to remedy the breach; or (iii) does not commence to remedy that breach, within a reasonable time (having regard to the nature of the breach) after being given notice by DT Global requiring the Contractor to remedy the breach; (b) has regularly or persistently failed to meet any, some, or all requirements of this Contract, whether or not DT Global has required the Contractor to remedy a breach under Clause 32.1(a); (c) becomes, or in DT Global’s reasonable opinion is likely to become, bankrupt, insolvent or otherwise financially unable to fulfil its obligations under this Contract; (d) becomes subject to one of the forms of external administration provided for in Chapter 5 of the Corporations Act 2001; (e) is wound up by resolution or an order of the court;