Termination of Contract for Default. 26.2.1 If the Service Provider fails to satisfy any of its obligations under a Contract, and the Agency considers that the failure is:
(a) not capable of remedy, the Agency may, by notice terminate the Contract immediately; or
(b) capable of remedy, the Agency may, by notice require that the failure be remedied within a reasonable time as specified in the notice and, if not remedied within that time, may terminate the Contract immediately by giving a second notice.
26.2.2 The Agency may also by notice, terminate a Contract immediately (but without prejudice to any prior right of action or remedy which either party has or may have) if the Service Provider:
(a) being a corporation, subject to the Agency complying with any requirements under the Corporations Xxx 0000 (Cth), comes under one of the forms of external administration referred to in chapter 5 of the Corporations Act, or has an order made against it for the purpose of placing it under external administration;
(b) being an individual or partnership, becomes bankrupt or enters into a scheme of arrangement with creditors; or
(c) is terminated for default under clause 26.1.
26.2.3 The Service Provider may only terminate a Contract by issuing a notice to terminate if:
(a) the Agency has not paid a correctly rendered Tax Invoice that is not disputed by the Agency within 40 Business Days after payment was due (Payment Due Date) provided that the Service Provider has:
i. notified the Agency in writing of its claim for payment at least 20 Business Days after the Payment Due Date (or such other period specified in the Order); and
ii. subsequently notified the Agency at least 40 Business Days after the Payment Due Date (and at least 10 Business Days has elapsed since this subsequent notice was provided) (or such other periods specified in the Order); or
(b) the Agency breaches a material provision and has failed to remedy the breach within 40 Business Days or such other period agreed by the parties after receiving a notice requiring it to remedy the breach.
Termination of Contract for Default. A. Upon a failure by CONTRACTOR to cure a default under this Contract within ten (10) days of receipt of notice from COUNTY of the default, COUNTY may, in its sole discretion, terminate this Contract for default by written notice to CONTRACTOR. In this event, COUNTY may take over the work and complete it by Contract or otherwise. CONTRACTOR and its sureties, if any, will be liable for any damage to COUNTY resulting from CONTRACTOR’S default, including any increased costs incurred by COUNTY in completing the work.
B. The occurrence of any of the following constitutes an event of default:
1. Abandonment of or refusal or failure to prosecute the work or any separable part thereof with the diligence that will insure completion within the time specified in this Contract, including any extension, or a failure to complete the work (or the separable part of the work) within the specified time;
2. Persistent or repeated refusal or failure to supply enough properly skilled workers or materials to perform the work on schedule;
3. Failure to provide competent supervision at the site;
4. Failure to take down, rebuild, repair, alter or amend any defective or deficient work, or to remove any defective or deficient material;
5. Failure to make prompt payment to SUBCONTRACTORS or suppliers for material or labor;
6. Loss of CONTRACTOR’S business or other required license or authority, or any curtailment or cessation for any reason of business or business operations that would substantially impair or preclude CONTRACTOR’S performance of this Contract;
7. Disregard of laws, ordinances, or the instructions of COUNTY or its representatives, or any otherwise substantial violation of any provision of the Contract; or
8. If a voluntary or involuntary action for bankruptcy is commenced with respect to CONTRACTOR, or CONTRACTOR becomes insolvent, makes a general assignment for the benefit of creditors, or has a receiver or liquidator appointed in respect of its assets.
C. In the event of a termination for default:
1. All finished and unfinished as-builts, shop drawings, documents, data, studies, surveys, drawings, photographs, reports and other information in whatever form, including electronic, acquired or prepared by CONTRACTOR for this project become COUNTY’S property and will be delivered to COUNTY not later than five (5) business days after the effective date of the termination;
2. COUNTY may withhold payments to CONTRACTOR arising under this or any other Contract for the purpo...
Termination of Contract for Default. For three (3) years following the Commencement Date, subject to any applicable cure periods set forth herein, either party may terminate this Agreement for cause only (for cause being in the event of a breach by a party that allows the non-breaching party to pursue its remedies against the breaching party) in which case such termination shall be effective 90 days after the date of such notice. After the third anniversary of the term of this Agreement, either party may terminate this Agreement for any reason, at any time, upon 90 days written notice. Such termination shall be effective 90 days after the date of such notice. No termination upon notice shall constitute a waiver of any rights granted under this Agreement, or at law or in equity, for any default under this Agreement. In the event of termination of the Contract for default(s), the City, consistent with its primary obligation to protect the public health and welfare which may, with or without notice of any kind, require immediate action, including an emergency takeover of Contractor’s Dedicated Ambulances, will give Contractor reasonable written notice setting forth the nature of the default(s) and a timeline or deadline by which Contractor must cure such default. Contractor will be permitted to submit a written plan to cure such default(s). Depending on the event of default, Contractor may be afforded the opportunity to cure such default(s) within a timeframe as set forth in the contract. Failure to satisfactorily cure (such failure to be determined in the sole discretion of the City), or failure to timely deliver an acceptable cure plan to the City and to perform the cure in a timely and satisfactory manner may permit the City to terminate the Contract. Contractor will cooperate fully and immediately with the City to effect a prompt and orderly transfer of all responsibilities. Contractor may dispute a default(s) asserted by the City; however, such dispute will not delay, in any way, the transfer of operations as required by or to the City (immediate if the interests of the public health and safety require as determined by the City in its sole discretion). Such dispute by Contractor will not delay or in any way interfere with the City’s access to the Performance Security. Contractor agrees that all rights and remedies (including drawing against the Performance Security) afforded the City in the event of default(s) and termination is reasonable and necessary for the protection of the public heal...
Termination of Contract for Default. (a) If the Service Provider fails to perform any obligation under the contract.
(b) If the Service Provider, in either of the circumstances does not cure its default within a period of Ten (10) days (or such longer period as USF may authorize in writing) after receipt of the default notice from USF. USF may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Service Provider terminate this Contract forthwith.
Termination of Contract for Default. 4.10.1. The Owner shall serve written notice upon the Contractor of its intention to terminate this Contract in the presence of at least one of the following events, collectively an “Event of Default:”
i. Failure of the Contractor to start the Work on the date given in the Notice to Proceed or if the Contractor, in any way, abandons the Work;
ii. Evidence that the progress being made by the Contractor is insufficient to complete the Work within the specified time, as it may be extended in accordance with the Contract Documents;
iii. Willful or deliberate failure or violation on the part of the Contractor of any requirement of the Contract Documents, including the Plans and Specifications, Special Provisions, or if the Contractor is executing the same in bad faith or otherwise not in accordance with its obligations;
iv. Failure to maintain any required bonds, licenses, permits, and/or insurance as required in the Contract Documents;
v. Failure of the Contractor to promptly repair, replace or remove any defects in materials or Work or any defects in materials or Work of any other nature, the correction of which has been directed in writing by the Project Manager;
vi. Substantial evidence of collusion for the purpose of illegally procuring a Contract or perpetrating fraud on the Owner in the construction of Work under Contract;
vii. If the Contractor files a voluntary petition in bankruptcy, if a receiver is appointed for the Contractor or any of its property, or the insolvency of the Contractor;
viii. If the Contractor shall allow any final judgment to stand against him unsatisfied for a period of ten (10) days or shall make an assignment for the benefit of creditors;
ix. If the Contractor or any of its officers or employees are convicted, plead nolo contendre, enter into a formal agreement in which they admit guilt, enter a plea of guilty, or otherwise admit culpability to criminal offenses of bribery, kickbacks, collusive bidding, bid-rigging, anti-trust, fraud, undue influence, theft, extortion, or any offense of similar nature, in connection with the Contractor’s business;
x. If other just causes exist for termination.
Termination of Contract for Default. 25.2.1 If the Legal Services Provider fails to satisfy any of its obligations under a Contract, and the Agency considers that the failure is:
(a) not capable of remedy, the Agency may by notice terminate the Contract immediately; or
(b) capable of remedy, the Agency may by notice require that the failure be remedied within a reasonable time as specified in the notice and, if not remedied within that time, may terminate this Contract immediately by giving a second notice.
25.2.2 The Agency may also by notice terminate a Contract immediately (but without prejudice to any prior right of action or remedy which either party has or may have) if the Legal Services Provider:
(a) fails to comply with any requirement relating to the Legal Services Directions;
(b) being a corporation, subject to the Agency complying with any requirements under the Corporations Act, comes under one of the forms of external administration referred to in chapter 5 of the Corporations Act, or has an order made against it for the purpose of placing it under external administration;
(c) being an individual or partnership, becomes bankrupt or enters into a scheme of arrangement with creditors; or
(d) is terminated for default under clause 25.1.
Termination of Contract for Default. If the Consultant fails to fulfill its obligation under this contract properly and on time, or otherwise violates any provision of this contract, the State may terminate this contract by written notice to the Consultant. The notice shall specify the acts or omissions relied on as cause for termination. All finished or unfinished services provided by the Consultant shall, at the State's option, become the State's property. If the damages are more than the compensation payable to the Consultant, the State can affirmatively collect damages. The term "damages" as used in this paragraph may include attorney's fees and litigation costs. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.
Termination of Contract for Default. If the Owner terminates this Contract pursuant to the terms of this Contract because of the Design- Builder’s default, then the Owner may, acting in its sole and unfettered discretion:
(a) take possession of the Work Site, material and Work, and to utilize the Design- Builder’s construction machinery and equipment at the Work Site (subject to the rights of third parties), and to complete the Work by whatever method it may deem expedient at the Design-Builder's expense;
(b) withhold any payments owing to the Design-Builder until the Work is finished; and
(c) upon completion of the Work set off from any payments owing by the Owner to the Design-Builder an amount equal to all costs, losses and damages suffered by the Owner by reason of the default of the Design-Builder and by reason of non-completion of that Work by the Design-Builder, including the costs of the Owner’s staff, overhead costs and costs if any of consultants and Other Contractors retained by the Owner, and if such total costs incurred by the Owner exceed the amount of payments owing by the Owner to the Design-Builder, then such shortfall will be due and owing immediately by the Design-Builder to the Owner and will bear interest at the Default Rate until paid. If the costs as described above of completing the Work is less than the unpaid balance of the Contract Price, the Owner will pay the Design-Builder the difference, less a reasonable amount for fulfilment of the Design-Builder’s warranty obligations under this Contract, as determined by the Owner, acting reasonably.
Termination of Contract for Default. See Exhibit “C”, UTC Article 4.16.
Termination of Contract for Default. Should Customer breach at any time, any of the clauses contained herein, Cayenta reserves the right to terminate the Contract for default by written notice of termination issued by Cayenta. Such notice shall state the extent to which such performance shall be terminated and the date upon which such termination shall become effective. Cayenta shall be paid for all work that was authorized by Customer prior to the date of termination. Provisions 5, 6, 7, 8, 9, 10, 11, 13 and 18 shall survive any termination of this Contract. BOTH PARTIES hereto warrant and represent that they have full right, power and authority to execute this Contract.
