Termination for Owner Default Sample Clauses

Termination for Owner Default a. The Private Entity’s sole remedies for any failure or delay in payment by the Owner shall be the remedies provided in Article 4 of the Virginia Public Procurement Act, Virginia Code sections 2.2-4347, et seq. The Private Entity may neither terminate this Agreement nor stop the Work due to a failure or delay in payment, and any attempt to terminate this Agreement or stop the Work shall constitute a default on the part of the Private Entity. b. The Private Entity may terminate the Agreement for default if, through no fault of the Private Entity, Contractor, subcontractor, sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Private Entity or Contractor, repeated suspensions, delays or interruptions of the entire Work have been solely caused by the Owner, the Owner’s Representative or the Owner’s other contractors, or any of them, other than resulting from a termination for convenience or termination of Private Entity for default, as described in the Agreement, and such repeated suspensions, delays, or interruptions constitute in the aggregate more than ninety (90) days in any three hundred sixty five (365) day period. However, as a condition precedent to such action the Private Entity shall have given written notice to the Owner and Owner’s Representative of each such claimed delay and a reasonable opportunity to cure such delay.
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Termination for Owner Default a. The Operator may terminate the contract for default if, through no act or fault of the Operator or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the work under direct or indirect contract with the Operator, the Owner has not issued a certificate for payment and has not notified the Operator of the reason for withholding the certificate for payment within thirty (30) calendar days of receipt of a valid invoice, or because the Owner has not made payment within thirty (30) calendar days after the time stated in the Agreement for payment. The Operator shall notify Owner of said default, and Owner does not cure the default within ten (10) days. b. The Operator may terminate the Agreement for default if, through no fault of the Operator, Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the work under direct or indirect contract with the Operator or Contractor, repeated suspensions, delays or interruptions of the entire work by the Owner, other than resulting from a termination for convenience or termination of Operator for default, as described in the contract, constitute in the aggregate more than one hundred twenty (120) calendar days in any three hundred sixty-five (365) calendar day period.
Sample 1
Termination for Owner Default. If Owner shall materially fail to perform its obligations hereunder, the following cure periods shall apply: (1) In the event of a monetary breach or a breach that can reasonably be cured within a fifteen (15) day period, Owner shall be in default under this Agreement if such failure continues for fifteen (15) days after written notice thereof from Manager to Owner of such failure; or (2) if the nature of such breach is such that the same cannot reasonably be cured within a fifteen (15) day period, Owner shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as reasonably practicable. If such failure continues beyond such applicable cure periods, then Manager may terminate this Agreement by giving thirty (30) days written notice to Owner and Owner agrees to pay Manager the Management Fees due to Manager pursuant to Section 4.1 with respect to the Projects the Manager is managing as of the date of termination, where such ongoing Management Fees shall, for each Project, be based on the Gross Revenues for each Project based on the end of the month of the date of termination.
Sample 1
Termination for Owner Default. The Private Entity’s sole remedies for any failure or delay in payment by the Owner shall be the remedies provided in Article 4 of the Virginia Public Procurement Act, Virginia Code sections 2.2-4347, et seq. The Private Entity may neither terminate this Agreement nor stop the Work due to a failure or delay in payment, and any attempt to terminate this Agreement or stop the Work shall constitute a default on the part of the Private Entity.
Sample 1
Termination for Owner Default a. The DB’s sole remedies for any failure or delay in payment by the Owner shall be the remedies provided in Article 4 of the Virginia Public Procurement Act, Virginia Code §§ 2.2-4347, et seq. b. The DB may terminate the Contract if the Work is stopped for a period of 30 consecutive days or 120 days during any 12 month period through no act or fault of the DB or a Subcontractor, Sub- subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the DB, for any of the following reasons: 1. Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; 2. An act of government, such as a declaration of national emergency that requires all Work to be stopped. c. The DB may terminate the Agreement for default if, through no fault of the DB, Contractor, subcontractor, sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the DB or Contractor, repeated suspensions, delays or interruptions of the entire Work have been solely caused by the Owner, the Owner’s Representative or the Owner’s other contractors, or any of them, other than resulting from a termination for convenience or termination of DB for default, as described in the Agreement, and such repeated suspensions, delays, or interruptions constitute in the aggregate more than ninety (90) days in any three hundred sixty-five (365) day period. However, as a condition precedent to such action the DB shall have given written notice to the Owner and Owner’s Representative of each such claimed delay and a reasonable opportunity to cure such delay.
Sample 1
Termination for Owner Default a. The Contractor may terminate the Agreement for default if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, the Owner has not issued a certificate for payment and has not notified the Contractor of a valid reason for withholding the certificate for payment within thirty (30) calendar days of receipt of a valid invoice, or because the Owner has not made payment within thirty (30) calendar days after the time stated in the Agreement for payment. b. The Contractor may terminate the Agreement for default if, through no fault of the Contractor, Contractor, or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor or Contractor, repeated suspensions, delays or interruptions of the entire work by the Owner, other than resulting from a termination for convenience or termination of Contractor for default, as described in the contract, constitute in the aggregate more than one hundred twenty (120) calendar days in any three hundred sixty five (365) calendar day period.
Sample 1
Termination for Owner Default. The Contractor may terminate the Agreement for default if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, the Owner has not issued a certificate for payment and has not notified the Contractor of a valid reason for withholding the certificate for payment within thirty (30) calendar days of receipt of a valid invoice, or because the Owner has not made payment within thirty (30) calendar days after the time stated in the Agreement for payment.
Sample 1
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Termination for Owner Default 
Sample 1

Related to Termination for Owner Default

  • 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.

  • 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 for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement: (a) Contractor fails or refuses to perform or observe any term, covenant or condition contained in any of the following Sections of this Agreement:

  • 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.

  • Termination for Cause with Notice to Cure Requirement Contractor may terminate this contract for the Department’s failure to perform any of its duties under this contract after giving the Department written notice of the failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period.

  • 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.

  • Termination for fault 19.3.1 The Commonwealth may terminate this Agreement by notice where the Grantee has: (a) failed to comply with an obligation under this Agreement and the Commonwealth believes that the non‐compliance is incapable of remedy or where clause 19.2.2(b) applies; (b) provided false or misleading statements in relation to the Grant; or (c) become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration. 19.3.2 The Grantee agrees, on receipt of the notice of termination, to: (a) stop the performance of the Grantee’s obligations; (b) take all available steps to minimise loss resulting from the termination; and (c) report on, and return any part of the Grant to the Commonwealth, or otherwise deal with the Grant, as directed by the Commonwealth.

  • Notice of Servicer Default The Servicer shall deliver to the Issuer, the Indenture Trustee, the CPUC and the Rating Agencies, promptly after having obtained knowledge thereof, but in no event later than five (5) Business Days thereafter, written notice of any event which with the giving of notice or lapse of time, or both, would become a Servicer Default under Section 7.01.

  • TERMINATION FOR CAUSE BY CONTRACTOR 4.06.1 Contractor may terminate its performance under this Agreement only if the City defaults and fails to cure the default after receiving written notice of it. Default by the City occurs if the City fails to perform one or more of its material duties under this Agreement. If a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the Director describing the default and the proposed termination date. The date must be at least 30 days after the Director receives the notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the City cures the default before the proposed termination date, then the proposed termination is ineffective. If the City does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date

  • Termination for Failure to Pay If Company fails to make any payment due hereunder, Hospital shall have the right to terminate this Agreement upon ten (10) business days written notice, unless Company makes such payments plus any interest due, as set forth in Section 4.7, within said ten (10) day notice period. If payments are not made, Hospital may immediately terminate this Agreement at the end of said ten (10) day period. Company shall be entitled to only one such cure period in a calendar year; for a second failure to make payment on time, Hospital shall have the right to terminate this Agreement immediately upon written notice.

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