Termination for Owner’s Failure to Perform Sample Clauses

Termination for Owner’s Failure to Perform. General Contractor may stop Work or terminate this Agreement if: 16.3.2.1 Owner fails to pay General Contractor any undisputed amount due under any invoice within twenty (20) days after the amount became payable; or 16.3.2.2 Owner materially fails to observe or perform any of its material covenants or agreements contained in this Agreement; then in any such case, if Owner fails to correct such condition with thirty (30) Days of receipt of written notice from Contractor stating the nature of the condition and requiring Owner to remedy the same, or if such default is non-monetary and is not capable of being remedied within such thirty (30) Days to diligently commence to correct such condition within fifteen (15) Days of receipt of such written notice and to complete the correction within forty-five (45) Days after receipt of such notice;or 16.3.2.3 the Work is suspended for more than six (6) consecutive months pursuant to Section 16.4 or by reason of Force Majeure. Any such stop work or termination shall be without prejudice to any existing rights, powers, or remedies of Contractor under this Agreement. LIMA/GEC/EPC 61 Confidential Business Information
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Termination for Owner’s Failure to Perform. If: 16.3.2.1 Owner fails to pay Contractor any undisputed amount due under any invoice within thirty (30) days after the amount became payable; or 16.3.2.2 if Owner fails to observe or perform any of its material covenants or agreements contained in this Agreement; or 16.3.2.3 if the Work is suspended for more than twelve (12) consecutive months pursuant to Section 16.4 or by reason of Force Majeure; or 16.3.2.4 any material representation or warranty of Owner shall have been incorrect as of the date made and shall remain incorrect at the time in question. Then in any such case, if Owner fails to correct such condition with thirty (30) Days of receipt of written notice from Contractor stating the nature of the condition and requiring Owner to remedy the same, or if such default is not capable of being remedied within such thirty (30) Days to diligently commence to correct such condition within fifteen (15) Days of receipt of such written notice and to complete the correction within forty-five (45) Days after receipt of such notice, Contractor may stop Work or terminate this Agreement. Any such stop Work or termination shall be without prejudice to any existing rights, powers or remedies of Contractor under this Agreement.
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Termination for Owner’s Failure to Perform. If: 16.3.2.1 Owner fails to pay Contractor any undisputed amount due under any invoice within thirty (30) days after the amount became payable; 16.3.2.2 Owner fails to observe or perform any of its material covenants or agreements contained in this Agreement; 16.3.2.3 The Work is suspended for more than three (3) months total pursuant to Section 16.4; or 16.3.2.4 Any material representation or warranty of Owner shall have been incorrect as of the date made.
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Related to Termination for Owner’s Failure to Perform

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • 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.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • 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 Force Majeure 15.5.1. The License Agreement may be terminated for Force Majeure Reasons as specified in Article -14.

  • Failure to Perform Obligations In the event Business Associate fails to perform its obligations under this Agreement, Covered Entity may immediately discontinue providing PHI to Business Associate. Covered Entity may also, at its option, require Business Associate to submit to a plan of compliance, including monitoring by Covered Entity and reporting by Business Associate, as Covered Entity in its sole discretion determines to be necessary to maintain compliance with this Agreement and applicable law.

  • BREACH; TERMINATION Customer/Project Sponsor may terminate this Agreement at any time in its sole discretion by providing notice to the Company not less than one hundred and eighty (180) days before such termination. In the event of breach of any material terms or conditions of this Agreement, if the breach has not been remedied within 30 days following receipt of written notice thereof from the other Party (provided that, if the breaching Party has commenced and is diligently pursuing efforts to cure such breach, then such 30-day period shall be extended until the earlier of (i) 30 additional days or (ii) end of diligent efforts to cure the breach), then the non-breaching party may terminate this Agreement by written notice at any time until cure of such breach occurs. In the event of any proceedings by or against either Party in bankruptcy, insolvency or for appointment of any receiver or trustee or any general assignment for the benefit of creditors (excluding, for the avoidance of doubt, an assignment in accordance with Article XI or other collateral assignment to obtain project financing), the other Party may terminate this Agreement. If the Customer/Project Sponsor increases the capability or the capacity of the Facility to exceed 4.999 MW, this Agreement shall immediately terminate. The Company shall not be liable to the Customer/Project Sponsor for damages resulting from a termination pursuant to this paragraph. If the Customer/Project Sponsor's generating equipment produces zero (0) kilowatt- hours during any period of twelve (12) consecutive Billing Periods after the Commercial Operation Date [Effective Date for existing resources] for a reason other than a force majeure event, the Company may terminate this Agreement.

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