Termination for Default of Consultant Sample Clauses

Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
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Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, District may, after compliance with the provisions of Section 17, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the nonrefundable deposit compensation set forth in Section 3.1 of this Agreement, (provided that the District shall use reasonable efforts to mitigate such damages), and District may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed the District consistent with the terms of this Agreement.
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Termination for Default of Consultant. COMMISSION reserves the express right to terminate this Agreement for cause due to the default by CONSULTANT in its performance obligations under this Agreement. COMMISSION may, after compliance and in connection with the notice of default provisions in this Agreement, elect to terminate this Agreement. The notice of default from COMMISSION shall advise CONSULTANT if COMMISSION elects to terminate this Agreement and in such event, CONSULTANT shall immediately cease provision of services for this Agreement. In such event of termination, COMMISSION may, but is not required, to take over the work and prosecute the same to completion by contract or otherwise. Also, in such event of termination, CONSULTANT shall be liable to the extent that the total cost for completion of the Scope of Services, Exhibit B, required for this Agreement exceeds the Schedule of Compensation, Exhibit C, (provided that COMMISSION shall use reasonable efforts to mitigate such damages), and COMMISSION may withhold any payments to CONSULTANT for the purpose of set off or partial payment of the amounts owed COMMISSION as previously set forth in this Agreement.
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Termination for Default of Consultant. 1. COUNTY may, by written notice of default to CONSULTANT, terminate the whole or any part of this Agreement if, in the judgment of COUNTY,: a) CONSULTANT has materially breached this Agreement; b) CONSULTANT fails to timely and/or satisfactorily perform any task, deliverable, service, or other work required either under this Agreement; or c) CONSULTANT fails to demonstrate a high probability of timely fulfillment of performance requirements under this Agreement, or of any obligations of this Agreement and in either case, fails to demonstrate convincing progress toward a cure within three (3) calendar days (or such longer period as the County may authorize in writing) after receipt of written notice from COUNTY specifying such failure. 2. In the event COUNTY terminates this Agreement in whole or in part as provided in this Paragraph OO, COUNTY may procure, upon such terms and in such manner as COUNTY may deem appropriate, goods and services similar to those so terminated. CONSULTANT shall be liable to COUNTY for any incremental and excess costs for such similar goods and services. CONSULTANT shall continue the performance of this Agreement to the extent not terminated under the provision of this Section. 3. If, after giving Notice of Termination of this Agreement under the provisions of this Paragraph OO, it is determined for any reason that CONSULTANT was not in default under the provisions of this Section or that the default was excusable, the rights and obligations of the parties shall be the same as if the Notice of Termination had been issued pursuant Paragraph NN, Termination for Convenience of the County, herein above. 4. Upon termination of this Agreement, CONSULTANT shall adhere to the termination provisions of Paragraph NN, Termination for Convenience of County, herein above. 5. The rights and remedies of COUNTY provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
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Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, Client may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that Client shall use reasonable efforts to mitigate such damages), and Client may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed Client as previously stated.
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Termination for Default of Consultant. Upon the occurrence of any Consultant Event of Default, the Client shall notify the Consultant that the default must be corrected. If the Consultant fails to correct the default within thirty (30) calendar days after receipt of such notice or, where the default is not susceptible of being corrected within such time, if the Consultant fails to provide a corrective measures plan acceptable to the Client within thirty (30) calendar days, the Client may terminate this Agreement by written notice to the Consultant. Upon such termination, the Client may, without prejudice to all its other remedies, take possession of the Services, including, whether completed or in progress, all Deliverables in order to have the Services completed by a third party.
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Related to Termination for Default of Consultant

  • Termination for Default The Commonwealth may terminate this Agreement by notice where it reasonably believes the Grantee: (a) has breached this Agreement; or (b) has provided false or misleading statements in their application for the Grant; or (c) has become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.

  • SUSPENSION & TERMINATION FOR DEFAULT Enterprise Services may suspend Contractor’s operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Master Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Master Contract, until such obligations have been fulfilled.

  • Erroneous Termination for Default If, after notice of termination of Vendor’s right to proceed under the provisions of this clause, it is determined for any reason that the contract was not in default, or that the delay was excusable under the provisions of the prior paragraph (Excuse for Nonperformance or Delayed Performance), the rights and obligations of the parties shall be the same as if the notice of termination had been one of termination for convenience.

  • Termination of Default An Event of Default shall be deemed to have been terminated upon the earliest to occur of: 13.7.1. The date the Representative and the Company enter into a settlement of all claims; or 13.7.2. If an Acceleration has not been authorized by the Holders, the date the Company has paid (i) to the Holders, all payments due through such date; and (ii) to the Representative, all the fees and expenses described in section 12.3.2(f); or 13.7.3. If an Acceleration has been authorized by the Holders, the date the Company has paid (i) to the Holders all payments due through such date; and (ii) to the Representative, all the expenses described in section 12.3.2(f); but only if a Majority agrees to annul the demand for Acceleration.

  • Default Termination a. In the event that the Property has been sold contrary to or any person bids in contravention of the provisions in Clause 4 above, then such sale shall be cancelled and become null and void and of no further effect wherein all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately. b. If the Purchaser defaults in complying with any of these Conditions of Sale or in payment of any sums payable, then the Assignee may (without prejudice to its rights for specific performance) treat such default as a repudiation of the contract and terminate the sale by giving the Purchaser written notice thereof, in which event all monies paid by the Purchaser hitherto including the Deposit shall be forfeited absolutely and immediately. c. In the event of the sale being set aside for any reason whatsoever by the Assignee or by an Order of Court (other than that due to any act of default and/or omission by the Purchaser), then such sale shall be cancelled and become null and void and of no further effect wherein only monies paid by the Purchaser towards the account of the purchase price shall be refunded to the Purchaser free of interest less costs and fees incurred by the Assignee in connection with or relating to the sale. The Purchaser shall not be entitled to an account thereof or any claim or demand whatsoever against the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents on the above. A certificate by an officer of the Assignee verifying such expenses and/or fees shall be final and conclusive and shall be binding on the Purchaser. Upon payment by the Assignee herein, the Purchaser shall have no other or further claims, or demands whatsoever in nature and howsoever caused against the Assignee, the Assignee’s Solicitors and the Auctioneer or their respective servants or agents. d. If in the meanwhile the Purchaser has entered into possession of the Property, then the Purchaser is liable at own costs to reinstate the Property and thereafter peaceably to yield up vacant possession of the Property to the Assignee within fourteen (14) days from the date of notification of such termination failing which the Purchaser shall pay the Assignee interest/compensation charges at the rate of 10% per annum on the total purchase price calculated on daily basis from the date of such notification to the date of actual delivery of vacant possession and the Assignee reserves its right to take all further necessary steps or actions to recover or resume possession of the Property at the Purchaser’s costs and expenses. In the event the sale is terminated for any reason whatsoever, the Assignee shall not be liable to the Purchaser for the cost of any improvements to the Property carried out by the Purchaser. The costs to reinstate the Property (if any damage is caused by the Purchaser in possession thereof) or expenses to recover possession of the Property from the Purchaser shall be deducted and set-off against the monies paid herein towards account of the purchase price and thereafter in the event there is any residue, the said residue shall be refunded to the Purchaser free of interest or if the monies paid are not sufficient to cover all such costs and expenses, the Purchaser shall then reimburse and pay the balance amount outstanding to the Assignee failing which the Assignee shall be entitled to take all further necessary steps or actions to recover the same. For this purpose a certificate duly signed by an officer of the Assignee verifying the amount of such costs and expenses shall be accepted by the Purchaser as correct and conclusive. It shall be deemed final and binding upon the Purchaser. e. Subject as aforesaid, the Purchaser shall not be entitled to nor have any or further reimbursements, claims, demands or legal recourses of action or remedies whatsoever in nature and howsoever caused against the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents or any other party on account thereof. f. The Purchaser or the Purchaser’s Solicitors shall return or cause to be returned the Assignment or the Memorandum of Transfer and other documents to the Assignee with the Assignee’s interest intact PROVIDED ALWAYS THAT if the Assignment or the Memorandum of Transfer has been adjudicated and stamped, the Purchaser or the Purchaser’s Solicitors shall surrender the same to the relevant authorities to obtain a refund of the stamp duty paid and for cancellation of the same. g. The Assignee shall be at liberty to put up the Property for sale again at a time, place and reserve price to be fixed by the Assignee at its sole discretion or to dispose of and/or otherwise deal with the Property in whatsoever manner the Assignee shall think fit without further reference to the Purchaser. The costs and expenses of in connection with and resulting from such resale together with any deficiency in the price resulting from the resale or the purchase price if there is no resale (as the case may be) shall be recoverable from the defaulting Purchaser. For this purpose a certificate duly signed by an officer of the Assignee verifying the amount of such costs and expenses shall be accepted by the Purchaser as correct and conclusive. It shall be deemed final and binding upon the Purchaser.

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