Contractor Fault definition

Contractor Fault means the falsity of any material representation made by the Contractor under this Contract or any breach, failure, non-performance or non-compliance by the Contractor with its obligations hereunder caused by any willful or negligent act, error or omission by the Contractor, its officials, agents, employees, representatives or independent contractors or Subcontractors which materially and adversely affects Rockland Green’s performance or rights or obligations under this Contract.
Contractor Fault means the unexcused nonperformance or malperformance by the Contractor or the negligent or willful act or omission of an agent or employee of the Contractor under this Agreement.
Contractor Fault means (a) any breach, failure, nonperformance or noncompliance by Contractor (including those of any of its Subcontractors) with the terms and provisions of this Agreement for any reason, except to the extent such breach, failure, nonperformance or noncompliance is caused by the occurrence or continuing effect of an Uncontrollable Circumstance or SPSA Fault, or (b) any negligence or willful misconduct of Contractor or any agent, officer, employee, contractor or Subcontractor (at any tier) of or to Contractor or any or all of the foregoing that, in the case of either clause (a) or (b) of this definition, (i) prevents or, individually or cumulatively, materially interferes with or materially delays Contractor’s or SPSA’s performance of its obligations, (ii) deprives SPSA of any of its material rights or (iii) materially increases SPSA’s costs of performing its obligations under this Agreement.

Examples of Contractor Fault in a sentence

  • In the event a Governmental Approval cannot be obtained within a reasonable period of time (as determined by the Sewer District), for reasons other than Design- Build Contractor Fault, such failure to obtain a Governmental Approval shall be considered an Uncontrollable Circumstance.

  • Except for the BWS Events of Default described in subsection (A) (Events of Default Permitting Termination) of this Section, the failure of the BWS to perform any other material obligation under this Service Agreement (unless such default is due to DBOM Contractor Fault), shall constitute an Uncontrollable Circumstance as and to the extent provided in Article 19 (Uncontrollable Circumstances), and the DBOM Contractor shall have no right to terminate this Service Agreement.

  • The Contractor shall promptly repair or replace all KRRC Property and all private property (including Separate Contractor work or property) damaged by any Contractor Person as a result of Contractor Fault.

  • The Fixed Design-Build Price shall be reduced for omitted Design-Build Work resulting from any Design-Build Contractor Fault by the greater of: (1) the reduction in value of the Project due to the omitted Design-Build Work; or (2) the reduction in the Design-Build Contractor’s cost of the Design-Build Work.

  • The DBOM Contractor shall be entitled to Uncontrollable Circumstance relief as and to the extent provided in Article 19 (Uncontrollable Circumstances) in the event of the issuance of any such directive, except to the extent caused due to DBOM Contractor Fault.

  • The failure, refusal or other default by the Sewer District in its duty: (1) to pay the amount required to be paid to the Design-Build Contractor under this Design-Build Agreement within sixty (60) days following the due date for such payment; or (2) to perform any other material obligation under this Design- Build Agreement (unless such default is excused by an Uncontrollable Circumstance or Design-Build Contractor Fault).

  • However, if any loss, damage, injury or death occurs due to DBOM Contractor Fault, DBOM Contractor shall be fully liable for all costs, damages, claims, actions, suits, attorneys’ fees and all other expenses arising therefrom or relating thereto.

  • Notwithstanding the preceding sentence, the DBOM Contractor shall reimburse the BWS in an amount equal to any charges or penalties imposed by the electricity provider resulting from DBOM Contractor Fault on a monthly basis as an Extraordinary Item credit.

  • Contractor shall be solely responsible for, and pay when due, all fines, fees and penalties pertaining to Permit violations and all other costs, fees and expenses of performing all work included in administrative orders, notices or similar directives of violation that were the result of Contractor Fault or caused by the occurrence of a Change in Law.

  • The DBOM Contractor and the BWS shall periodically meet and confer (not less frequently than once each Contract Year) to discuss the Five-Year Major Maintenance, Repair and Replacement Plan and each update thereto and to agree whether or not any Excluded Project Equipment and Structures require replacement during the Term that is not the responsibility of the DBOM Contractor pursuant to Schedule 12 (Major Maintenance, Repair and Replacement) or due to DBOM Contractor Fault.


More Definitions of Contractor Fault

Contractor Fault means any breach, failure, non-performance, or non-compliance by the Contractor with the terms and conditions of this Agreement or the terms of any permits, licenses, or approvals applicable to the MCIA Transfer Station and/or the Anaerobic Digestion Facility or any negligent or willful act or omission of any officer, agent, employee, contractor, subcontractor of any tier or independent consultant or contractor of the Contractor which prevents or delays the Contractor from performing its obligations under the terms of this Agreement or which increases the cost of such performance or limits or impairs the ability of MCIA to receive the benefits of its rights under this Agreement.
Contractor Fault means any breach, failure, non-performance or non-compliance by the Contractor with the terms and conditions of the Contract or the terms of any Permits applicable to the Disposal Site, or any negligent or willful act or omission of any officer, agent, employee, contractor, subcontractor of the Contractor which prevents or delays the Contractor from performing its obligations under the terms of the Contract or which increases the cost of such performance or limits or impairs the ability of City to receive the benefits of its rights under the Contract.
Contractor Fault means: (1) any material breach by the Contractor of its representations, warranties and covenants, all as set forth in this Contract (including the untruth of any Contractor representation or warranty herein set forth), and (2) any negligence, failure, non-performance or non-compliance by the Contractor with respect to its obligations and responsibilities under this Contract to the extent not directly attributable to any Uncontrollable Circumstance.

Related to Contractor Fault

  • Contractor means the Party selected to provide the goods or Services to the State under this Contract.

  • Contractor Materials means Materials owned or developed prior to the provision of the Work, or developed by Contractor independently from the provision of the Work and without use of the JBE Materials or Confidential Information.

  • Contractors means the bidder whose bid has been accepted by the COE;

  • EPC Contractor means Seller’s engineering, procurement and construction contractor or such Person performing those functions.

  • Contractor Group means the Contractor, its subcontractors of any tier, its and their respective Affiliates, successors and permitted assignees, and its and their respective directors, officers, employees (including agency personnel);