Common use of Termination for Default or Convenience Clause in Contracts

Termination for Default or Convenience. ‌ a. Termination for Default 1. Consultant’s failure to perform the services as detailed herein and in any modifications to this Contract. 2. Consultant’s failure to complete this Contract within the timeframe specified herein and in any modifications to this Contract. 3. Consultant’s failure to comply with any of the material terms of this Contract. If the Department contemplates termination under the provisions of Subsections a.1., a.2., or a.3. above, the Department shall issue a written notice of default describing the deficiency. The Consultant shall have five (5) business days to cure such deficiency. In the event the Consultant does not cure such deficiency, the Department may terminate the Contract without further consideration by issuing a Notice of Termination for Default and may recover compensation for damages. If, after the Notice of Termination for Default has been issued, it is determined that the Consultant was not in default or the termination for default was otherwise improper, the termination shall be deemed to have been a Termination for Convenience.