Termination of Agreement for Default. If CONTRACTOR breaches this Agreement by failing to satisfactorily fulfill in a timely or proper manner CONTRACTOR’s obligations under this Agreement, or failing to perform any of the promises, terms, or conditions of this Agreement, and having been given reasonable notice of and opportunity to cure such default, fails to take satisfactory corrective action within the time specified by RCUH, RCUH shall have the right to terminate this Agreement in whole or in part, by giving written notice to CONTRACTOR of such termination at least seven (7) calendar days before the effective date of such termination. In the case of a partial termination, CONTRACTOR shall continue performance of this Agreement to the extent it is not terminated. CONTRACTOR shall, within four (4) weeks of the effective date of such termination (or within four (4) weeks of the scheduled expiration of the time of performance specified in this Agreement, whichever is earlier), compile and submit in an orderly manner to RCUH an accounting of the work performed up to the effective date of termination or expiration. In such event, CONTRACTOR shall be paid for the actual cost of the services rendered, but in no event more than the total compensation payable to CONTRACTOR under this Agreement. As of the date of termination provided in the notice, CONTRACTOR shall incur no further obligations in connection with the terminated performance, and CONTRACTOR shall stop performance to the extent specified. CONTRACTOR shall also terminate outstanding orders and subcontracts as they relate to the terminated performance. CONTRACTOR shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated performance, subject to RCUH’s approval. RCUH may choose to direct CONTRACTOR to assign CONTRACTOR’s right, title, and interest under terminated orders or subcontracts to RCUH. CONTRACTOR shall not be relieved of liability to RCUH for damages sustained because of any breach by CONTRACTOR of this Agreement, including but not limited to RCUH’s procurement of similar goods and services in a manner and upon terms deemed appropriate by RCUH. In such an event, RCUH may retain any amounts which may be due and owing to CONTRACTOR until such time as the exact amount of damages due to RCUH from CONTRACTOR has been determined. RCUH may also set off any damages so determined against the amounts retained. Upon termination of this Agreement (or upon the scheduled expir...
Termination of Agreement for Default. In the event of the Railway giving notice under clause 7 hereof for special maintenance, repair, modification, shifting or removal of the crossing and the owner failing within the time stipulated to carry out the said works except such portion thereof as the Railway may propose to carry out under the provisions of clause 3 hereof or in the event of the owner committing any other breach of this Agreement or any part thereof, the Railway shall be entitled in its absolute discretion (notwithstanding the provisions of clause 8 hereof) to terminate this Agreement and all and any of the privileges hereby granted upon the expiration of six month‟s notice in writing of its intentions so to do being given in the manner provided by clause 7.
Termination of Agreement for Default. If a party fails to cure any breach of its obligations hereunder within ten (10) days after its receipt of written notice thereof from the other party, then the other party may terminate this Agreement at any time thereafter by providing the defaulting party with written notice of termination.
Termination of Agreement for Default a. If CONTRACTOR breaches this Agreement by failing to satisfactorily fulfill in a timely or proper manner CONTRACTOR’s obligations under this Agreement, or failing to perform any of the promises, terms, or conditions of this Agreement, and having been given reasonable notice of and opportunity to cure such default, fails to take satisfactory corrective action within the time specified by RCUH, RCUH shall have the right to terminate this Agreement in whole or in part, by giving written notice to CONTRACTOR of such termination at least seven (7) calendar days before the effective date of such termination. In the case of a partial termination, CONTRACTOR shall continue performance of this Agreement to the extent it is not terminated.
Termination of Agreement for Default. (a) This Agreement may be terminated in whole or in part by the County providing to Consultant a written Notice of Default if the Consultant fails to perform any covenant or condition of this Agreement, as determined by the Director.
Termination of Agreement for Default. Either Party (the “Terminating Party”) may terminate this Agreement at any time by giving written notice of termination to the other Party (the “Defaulting Party”), when:
Termination of Agreement for Default. Either party may terminate this Agreement as a result of the other party's failure to meet its obligations under the Agreement, provided, however, in cases of curable breaches the party seeking to terminate must have previously given the other party thirty (30) days written notice of the alleged breach or default in the performance of any required obligations under this Agreement and the defaulting party shall not have cured such breach or default within the thirty (30) day period.; however, should the Superintendent/Designee determine, that the program of instruction offered by the instructor has not meet educational standards, the Superintendent/Designee shall have the authority to terminate this agreement immediately. Solicitation of Additional Behind-the-Wheel Driver Education: During the period any student is enrolled in the course offered by the instructor pursuant to this agreement, the instructor shall not solicit students and/or relatives of students to enroll in or purchase other or additional behind-the-wheel driver education services or products. Administrative Code: The program and course of instruction shall in all respects be administered and conducted in accordance with the provisions of Section .0300 et.seq, of Subchapter 6, Title 16 of the North Carolina Administrative Code. If Title 16 of the Code is modified, the parties hereto agree to make and implement in a timely manner any needed modifications in the program to reflect such changes. Any provision of this Agreement contrary to said provision shall be deemed null and void and the Code provisions shall prevail. Survival Provision: Should any provision or portion of any provision hereto be declared void or unlawful by any appropriate authority, the remaining provisions hereof shall necessarily remain in full force and effect between the parties.
Termination of Agreement for Default. If at any time 1) Contractor fails to conform to the requirements of this Agreement; 2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceeding is commenced against Contractor which may interfere with the performance of this Agreement; or 4) Contractor has failed to supply an adequate working force, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of this Agreement, which default is not fully corrected or remedied to the reasonable satisfaction of City within ten (10) days following the date a written notice thereof by City, then City shall have the right and power, at its option and without prejudice to any other rights or remedies it may have, to immediately terminate this Agreement. Any cost or expense incurred by City arising out of Contractor’s breach or default hereunder, and for City’s enforcement of these rights, shall be the obligation of Contractor and may, at City’s discretion, be deducted from any amounts that may then be owing to Contractor under this Agreement, without any release or waiver of any other rights or remedies in law or equity to which City may be entitled.
Termination of Agreement for Default. The validity of any termination may be judicially challenged by Owner. Any such judicial challenge must be brought within sixty (60) days of service on Owner, by first class mail, postage prepaid, of written notice of termination by City.
Termination of Agreement for Default. If at any time 1) Contractor fails to conform to the requirements of this Agreement;
