Common use of Termination for Default/Cause Clause in Contracts

Termination for Default/Cause. (i) If Contractor refuses or fails to perform any of the provisions of this Contract with such diligence as will ensure its completion within the time specified in this Contract, AURA may notify Contractor in writing of the non-performance, and if not promptly corrected within the time specified, AURA may terminate Contractor’s right to proceed with this Contract or such part of this Contract as to which there has been delay or a failure to properly perform. The Contractor shall continue performance of the Contract to the extent it is not terminated, and shall be liable for excess costs incurred by AURA in re-procuring similar goods or services elsewhere and excess costs incurred in AURA’s operation because of any resulting delay. Payment for completed services performed and accepted shall be at the price(s) provided in this Contract. (ii) AURA may withhold amounts due to Contractor as XXXX xxxxx to be necessary to reimburse itself for the excess costs incurred in curing, completing, or procuring similar goods and/or services and for excess costs incurred in AURA’s operation because of the breach. (iii) If, after termination of the Contractor’s right to proceed under this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the delay was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause. (iv) No failure by AURA to insist upon the performance of any of the terms and conditions of this Agreement shall be construed as a wavier or relinquishment of any rights under this Agreement, and the obligation of the Contractor to comply with the terms and conditions of this Agreement shall continue in full force and effect.

Termination for Default/Cause. (i) 12.1.1 If the Contractor refuses or fails to perform any of the provisions of this Contract Purchase Order with such diligence as will ensure its completion within the time specified in this ContractPurchase Order, AURA may notify the Contractor in writing of the non-performance, and if not promptly corrected within the time specified, AURA may terminate the Contractor’s right to proceed with this Contract Purchase Order or such part of this Contract Purchase Order as to which there has been delay or a failure to properly perform. The Contractor shall continue performance of the Contract Purchase Order to the extent it is not terminated, and shall be liable for excess costs incurred by AURA in re-procuring similar goods or services elsewhere and excess costs incurred in AURA’s operation because of any resulting delay. Payment for completed services performed and accepted shall be at the price(s) provided in this ContractPurchase Order. (ii) 12.1.2 AURA may withhold amounts due to the Contractor as XXXX xxxxx to be necessary to reimburse itself for the excess costs incurred in curing, completing, completing or procuring similar goods and/or and services and for excess costs incurred in AURA’s operation because of the breachContractor’s refusal or failure to perform any of the provisions of this Purchase Order. (iii) 12.1.3 If, after termination of the Contractor’s right to proceed under this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the delay was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause, Article 12.2. (iv) No failure by AURA to insist upon the performance of any of the terms and conditions of this Agreement shall be construed as a wavier or relinquishment of any rights under this Agreement, and the obligation of the Contractor to comply with the terms and conditions of this Agreement shall continue in full force and effect.