Common use of Termination for Default by Either Party Clause in Contracts

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 28.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or 28.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.

Appears in 4 contracts

Samples: Contract to Provide Playground and Outdoor Fitness Equipment, Contract to Provide Playground and Outdoor Fitness Equipment, Contract to Provide Playground and Outdoor Fitness Equipment

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Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 28.2.1 a. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 b. The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or 28.2.3 c. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this the Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. Any notice of default pursuant to shall identify this Section of this Contract and shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.

Appears in 3 contracts

Samples: Memorandum of Understanding, Professional Services, Professional Services

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract Agreement upon the occurrence of one or more of the following events: 28.2.1 : The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this ContractAgreement, provided that, unless otherwise stated in this ContractAgreement, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 or The other party attempts to assign, terminate or cancel this Contract Agreement contrary to the terms hereof; or 28.2.3 or The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract Agreement shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract Agreement if the default is not cured within the specified period.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Contract

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 28.2.1 a. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 b. The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or 28.2.3 c. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this the Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. Any notice of default pursuant to shall identify this Section of this Contract and shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period. Notwithstanding anything contained herein to the contrary, upon termination of this Contract by the Company for default, the Company shall continue to provide the Products and perform the Services required by this Contract for the lesser of: (i) six (6) months after the date the City receives the Company’s written termination notice; or (ii) the date on which the City completes its transition to a new service provider.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract the Agreement upon the occurrence of one or more of the following events: 28.2.1 7.2.1 The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contractthe Agreement, provided that, unless otherwise stated in this Contractthe Agreement, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 7.2.2 The other party attempts to assign, terminate or cancel this Contract the Agreement contrary to the terms hereof; or 28.2.3 7.2.3 The other party ceases to do business as a going an ongoing concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract these Agreements shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. Any notice of default pursuant to shall identify this Section of the Agreement and shall identify and state the party’s intent to terminate this Contract the Agreement if the default is not cured within the specified period.

Appears in 2 contracts

Samples: Contract for Watersports Services, Contract for Watersports Services

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Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 28.2.1 (a) The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 (b) The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or 28.2.3 (c) The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.

Appears in 1 contract

Samples: Contract to Provide Automotive Parts and Services

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract Agreement upon the occurrence of one or more of the following events: 28.2.1 6.4.1. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this ContractAgreement, provided that, unless otherwise stated in this ContractAgreement, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: : (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or 28.2.3 6.4.2. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract Agreement shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. Any notice of default pursuant to this Section section shall identify Section 3.4 of this Agreement and shall state the party’s intent to terminate this Contract Agreement if the default is not cured within the specified period.

Appears in 1 contract

Samples: Contract for Purchase

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 28.2.1 10.2.1. The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated in this Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or 28.2.2 10.2.2. The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof; or 28.2.3 10.2.3. The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties. 10.2.4. Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Contract if the default is not cured within the specified period.

Appears in 1 contract

Samples: Contract to Provide

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