Termination for Contractor's Failure to Perform. If: 16.1.2.1 Any material representation or warranty of Contractor shall have been incorrect as of the date made and shall remain incorrect at the time in question; or 16.1.2.2 Contractor makes a assignment of this Agreement in violation of the terms of Section 22.3; or 16.1.2.3 Contractor fails to perform any of its material covenants or agreements contained in this Agreement, and does not make timely progress to correcting same upon the written notice of GEC; or 16.1.2.4 Any Security is repudiated or shall for any reason cease to be valid, binding and enforceable or there is a default under any Security; or 16.1.2.5 Contractor persistently and intentionally disregards any material Laws or Governmental Authorizations; or 16.1.2.6 Contractor fails to pay Liquidated Damages or any other amounts payable by Contractor under this Agreement when due; then, in any such case, if Contractor fails to correct such condition within thirty (30) Days in the case of any such default involving the payment of money or provision of security pursuant to Article 21 or, in the case of any other such default, within forty-five (45) Days of receipt of written notice from GEC stating the nature of the default and requiring Contractor to remedy the same, or if such default is not capable of being remedied within forty-five (45) Days, to diligently commence through the exercise of reasonable efforts to correct such condition within thirty (30) Days of receipt of such written notice of such condition and to complete the correction within ninety (90) Days after receipt of such written notice, GEC may, without prejudice to any right or remedy and after giving Contractor five (5) Business Days notice thereof, terminate this Agreement.
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Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement (Global Energy, Inc.)
Termination for Contractor's Failure to Perform. If:
16.1.2.1 Any any material representation or warranty of Contractor shall have been incorrect in a material manner as of the date made and shall remain incorrect in any material respect at the time in question; or
16.1.2.2 Contractor makes a assignment of this Agreement in violation of the terms of Section 22.3; or
16.1.2.3 Contractor fails to perform any of its material covenants or agreements contained in this Agreement, and does not make timely progress to correcting same upon the written notice of GECOwner; or
16.1.2.4 Any any Security is repudiated or shall for any reason cease to be valid, binding and enforceable or there is a default under any Security; or
16.1.2.5 Contractor persistently and intentionally disregards any material Laws or Governmental Authorizations; or
16.1.2.6 Contractor fails to pay Liquidated Damages or any other amounts payable by Contractor under this Agreement when due; then, in any such case, if Contractor fails to correct such condition within thirty (30) Days in the case of any such default involving the payment of money or provision of security pursuant to Article 21 or, in the case of any other such default, within forty-five (45) Days of receipt of written notice from GEC the Owner stating the nature of the default and requiring Contractor to remedy the same, or if such default is not capable of being remedied within forty-five (45) Days, to diligently commence through the exercise of reasonable efforts to correct such condition within thirty (30) Days of receipt of such written notice of such condition and to complete the correction within ninety (90) Days after receipt of such written notice, GEC Owner may, without prejudice to any right or remedy and after giving Contractor five (5) Business Days notice thereof, terminate this Agreement.
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Termination for Contractor's Failure to Perform. If:
16.1.2.1 Any any material representation or warranty of Contractor shall have been incorrect in a material manner as of the date made and shall remain incorrect in any material respect at the time in question; or
16.1.2.2 Contractor makes a assignment of this Agreement in violation of the terms of Section 22.3; or
16.1.2.3 Contractor fails to perform any of its material covenants or agreements contained in this Agreement, and does not make timely progress to correcting same upon the (he written notice of GECOwner; or
16.1.2.4 Any any Security is repudiated or shall for any reason cease to be valid, binding and enforceable or there is a default under any Security; or
16.1.2.5 Contractor persistently and intentionally disregards any material Laws or Governmental Authorizations; or
16.1.2.6 Contractor fails to pay Liquidated Damages or any other amounts payable by Contractor under this Agreement when due; then, in any such case, if Contractor fails to correct such condition within thirty (30) Days in the case of any such default involving the payment of money or provision of security pursuant to Article 21 or, in the case of any other such default, within forty-five (45) Days of receipt of written notice from GEC the Owner stating the nature of the default and requiring Contractor to remedy the same, or if such default is not capable of being remedied within forty-five (45) Days, to diligently commence through the exercise of reasonable efforts to correct such condition within thirty (30) Days of receipt of such written notice of such condition and to complete the correction within ninety (90) Days after receipt of such written notice, GEC Owner may, without prejudice to any right or remedy and after giving Contractor five (5) Business Days notice thereof, terminate this Agreement.
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Termination for Contractor's Failure to Perform. If:
16.1.2.1 Any material In the event Contractor (i) fails, neglects, refuses or is unable at any time during the course of the performance of the Work to provide sufficient material, equipment, services, or labor to timely perform the Work, (ii) fails to make prompt payment of undisputed invoices due to Subcontractors for materials or labor, or otherwise repudiates or is in default with respect to any of its obligations to any Subcontractor, (iii) disregards or breaches any Laws, (iv) is in breach of any representation or warranty of Contractor shall have been incorrect as furnished hereunder or in any certificate or notice to Owner, (v) fails to correct any defective Work during performance of the date made and shall remain incorrect at Work or within the time Primary Warranty Period of which it is advised by Owner or any representative of Owner, or (vi) otherwise is in question; or
16.1.2.2 Contractor makes default of a assignment material obligation of this Agreement in violation of the terms of Section 22.3; or
16.1.2.3 Contractor fails to perform any of its material covenants or agreements contained in this Agreement, and does not make timely progress to correcting same upon the written notice of GEC; or
16.1.2.4 Any Security is repudiated or shall for any reason cease to be valid, binding and enforceable or there is a default under any Security; or
16.1.2.5 Contractor persistently and intentionally disregards any material Laws or Governmental Authorizations; or
16.1.2.6 Contractor fails to pay Liquidated Damages or any other amounts payable by Contractor under this Agreement when due; then, in any such caseand, if Contractor fails to correct such condition within thirty fifteen (3015) Days in the case of any such default involving the payment of money or provision of security pursuant to Article 21 or, in the case of any other such default, within forty-five (45) Days of receipt of written notice from GEC stating the nature of the default and requiring Contractor to remedy the samethereof, or if such default is not capable of being remedied within fortywith respect to non-five (45) Daysmonetary defaults, to diligently commence through the exercise of reasonable best efforts to correct such condition within fifteen (15) Days thereof and to complete the correction of such condition within thirty (30) Days of receipt of (or such written notice of such condition and to complete the correction within ninety (90) Days after receipt of such written noticelonger period as Owner, GEC in its sole judgment, may permit), Owner may, without prejudice to any other right or remedy Owner may have and after giving Contractor five seven (57) Business Days Days' notice thereof, terminate this Agreement.
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Samples: Turnkey Engineering, Procurement and Construction Agreement (LSP Batesville Funding Corp)