Termination for Default of Contractor. If termination is due to the failure of the Contractor 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 Contractor 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 Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City-owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 9.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 9.3.
Termination for Default of Contractor. If termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, CITY may take over work and prosecute the same to completion by contract or otherwise, and CONTRACTOR shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the for the purpose of setoff or partial payment of the amounts owed to the CITY.
Termination for Default of Contractor. (a) The Owner may terminate this Agreement at any time by giving ten (10) days written notice to the Contractor specifying that termination is being made under the provisions of this Paragraph and specifying the effective date of termination, if
1) The Contractor refuses or fails to supply enough properly skilled workmen or equipment or materials of the proper quality or quantity to perform the Work;
Termination for Default of Contractor. 46.1 COUNTY may, subject to the provisions outlined below, by written notice of default to CONTRACTOR, terminate the whole or any part of this Contract in any one of the following circumstances:
A. If CONTRACTOR fails to perform the service within the time specified, or with prior COUNTY approval, any extension thereof, or
B. If CONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to make progress as to endanger performance of this Contract in accordance with its terms, and in either of these two (2) circumstances does not cure such failure within a period of ten (10) business days (or such longer period as COUNTY may authorize in writing) after receipt of notice from COUNTY specifying such failure.
46.2 If, after giving Notice of Termination of this Contract under provision of this clause, it is determined for any reason that CONTRACTOR was not in default under the provisions of this clause 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 to Termination for Convenience of COUNTY, Section VII, Paragraph 45. In such case, CONTRACTOR shall adhere to the termination provisions of the Section VII, Paragraph 45 herein above. Agreement to the provisions of this Section VII shall in no way constitute a waiver by CONTRACTOR of any of its rights and remedies.
Termination for Default of Contractor. 55.1 COUNTY may, by written notice to CONTRACTOR, terminate the whole or any part of this CONTRACT, if, in the judgment of COUNTY CONTRACT Management Director:
55.1.1 CONTRACTOR has materially breached this CONTRACT;
55.1.2 CONTRACTOR fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required either under this CONTRACT, including but not limited to the Exhibit A to this CONTRACT, Statement of Work; or
55.1.3 CONTRACTOR fails to demonstrate a high probability of timely fulfillment of performance requirements under this CONTRACT, or of any obligations of this CONTRACT and in either case, fails to demonstrate convincing progress toward a cure within five working days (or such longer period as COUNTY may authorize in writing) after receipt of written notice from COUNTY specifying such failure.
55.2 In the event COUNTY terminates this CONTRACT in whole or in part as provided in Paragraph 55.1, COUNTY may procure, upon such terms and in such manner as COUNTY may deem appropriate, services similar to those terminated. CONTRACTOR shall be liable to COUNTY for any and all excess costs incurred by COUNTY, as determined by COUNTY, for such similar goods and services. CONTRACTOR shall continue the performance of this CONTRACT to the extent not terminated under the provisions of this Subsection.
55.3 Except with respect to defaults of any subcontractor, CONTRACTOR shall not be liable for any such excess costs of the type identified in Paragraph 55.2 if its failure to perform this CONTRACT arises out of causes beyond the control and without the fault of negligence of CONTRACTOR. Such causes may include, but are not limited to: acts of God or the public enemy, acts of COUNTY in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, failure to perform must be beyond the control and without the fault or negligence of CONTRACTOR. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both CONTRACTOR and subcontractor, and without the fault or negligence of either of them, CONTRACTOR shall not be liable for any such excess costs for failure to perform, unless the goods or services to be furnished by the subcontractor were obtainable from other sources in sufficient ...
Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, ATN 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 Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that ATN shall use reasonable efforts to mitigate such damages), and ATN may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed ATN as previously stated.
Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, the Developer 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 Contractor shall be liable to the extent that the cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Developer shall use reasonable efforts to mitigate such damages), and the Developer may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the Developer as previously stated.
Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, the City may, after compliance with the provisions of Section 7.2, take over the services and see them to completion by contract or otherwise. Should this occur, the Contractor shall be liable to the extent that the total cost for completion of the services required exceeds the Schedule of Compensation in this Agreement (provided that the City shall use reasonable efforts to mitigate such costs), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of amount in excess of the Schedule of Compensation.
Termination for Default of Contractor. The occurrence of any one or more of the following events shall constitute default by Contractor hereunder:
(a) Contractor is adjudged as bankrupt or insolvent;
(b) Contractor makes a general assignment for the benefit of creditors;
(c) a trustee or receiver is appointed for Contractor or for any of Contractor's property;
(d) Contractor files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws;
(e) Contractor fails to make prompt payments for Labor, materials or Equipment unless such payments are withheld due to a failure by the supplier to properly perform the Labor or supply acceptable materials or Equipment;
(f) Contractor violates, contravenes, or disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or disregards safety rules, security, regulations and accident prevention programs of Owner at the Mine; In the event that Contractor is in default under this Section 12.2.2 or Contractor commits a material breach of its obligations under this Agreement and (a) Contractor fails, neglects, refuses or is unable to remedy such breach within fifteen (15) days after receipt by Contractor of Owner's written notice of such breach, or (b) if the breach is not capable of remedy within fifteen (15) days, Contractor fails to commence all necessary steps, within Contractor's control, to remedy the breach within fifteen (15) days after receiving written notice thereof from Owner or if Contractor fails thereafter to continue diligently and efficiently and in good faith to remedy such breach, then Owner may, without prejudice to any other right or remedy available to Owner, immediately terminate this Agreement upon giving written notice of termination to Contractor, specifying the reasons for termination and the date on which such termination becomes effective. In the event of termination of this Agreement pursuant to this Section, Owner shall have the right, but not the obligation to continue and complete the Work. If the cost of Work following the date of termination exceeds the payments that Contractor would have received for such Work under the terms of this Agreement, Contractor shall be liable for such excess costs and, upon demand by Owner, shall pay Owner the excess payment, subject to the Limitation of Liability clause in Section 19.7 of this Agreement. In such event Contractor shall not be entitled to receive any further payment and shall hold Owner harmless with respect...
