TERMINATION FOR CAUSE BY CITY. 4.05.1 If Contractor defaults under this Agreement, the Director may terminate this Agreement after providing Contractor written notice and an opportunity to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies that exist now or in the future. Default by Contractor occurs if:
4.05.1.1 Contractor fails to perform any of its material duties under this Agreement;
4.05.1.2 Contractor becomes insolvent;
4.05.1.3 all or a substantial part of Contractor’s assets are assigned for the benefit of its creditors; or
4.05.1.4 a receiver or trustee is appointed for Contractor.
4.05.2 If a default occurs and the Director determines that the City wishes to terminate the Agreement, then the Director must deliver a written notice to Contractor describing the default and the proposed termination date, with a copy of the notice to the CPO. The date must be at least 30 days after Contractor receives notice. The Director, at his or her sole option, may extend the termination date to a later date. If Contractor cures the default before the proposed termination date, then the proposed termination is ineffective. If Contractor does not cure the default before the termination date, then the Director may terminate this Agreement on the termination date, at no further obligation of the City.
4.05.3 To effect final termination, the Director must notify Contractor in writing, with a copy of the notice to the CPO. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and promptly cancel all orders or subcontracts chargeable to this Agreement.
TERMINATION FOR CAUSE BY CITY. City may terminate this Agreement for cause if the Artist fails to cure any defect in the Artist’s performance of the Basic Services under this Agreement within seven (7) calendar days after Artist’s receipt of written notice to cure, unless such default may not be cured within seven days and, in the City’s determination, the Artist is diligently pursing a cure of such default.
TERMINATION FOR CAUSE BY CITY. If Contractor defaults under this Agreement, the Director may either terminate this Agreement or allow Contractor to cure the default as provided below. The City's right to terminate this Agreement for Contractor's default is cumulative of all rights and remedies which exist now or in the future. Default by Contractor occurs if:
(1) Contractor fails to perform any of its duties under this Agreement;
(2) Contractor becomes insolvent;
(3) all or a substantial part of Contractor’s assets are assigned for the benefit of its creditors; or
(4) a receiver or trustee is appointed for Contractor. If a default occurs, the Director may, but is not obligated to, deliver a written notice to Contractor describing the default and the termination date. The Director, at his or her sole option, may extend the termination date to a later date. If the Director allows Contractor to cure the default and Contractor does so to the Director’s satisfaction before the termination date, then the termination is ineffective. If Contractor does not cure the default before the termination date, then the Director may terminate this Agreement on the termination date, at no further obligation of the City. To effect final termination, the Director must notify Contractor in writing with a copy of the notice to the CPO. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, and promptly cancel all orders or subcontracts chargeable to this Agreement.
TERMINATION FOR CAUSE BY CITY. 4.05.1 If Contractor defaults under this Agreement, the Director may terminate this Agreement after providing Contractor written notice and an opportunity to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies, which exist now or in the future. Default by Contractor occurs if:
4.05.1.1 Contractor fails to perform any of its material duties under this Agreement;
TERMINATION FOR CAUSE BY CITY. 12.3.1. If Licensee defaults under this Agreement, the City may terminate this Agreement subject to Licensee’s ability to cure such defaults below. The City's right to terminate this Agreement for Licensee's default is cumulative of all its rights and remedies which exist now or in the future. Default by Licensee includes, but is not limited to:
12.3.1.1. Failure of the Licensee to comply with any material term of this Agreement;
TERMINATION FOR CAUSE BY CITY. 5.3.1 If Architect/Engineer defaults under this Contract, the Director may either terminate this Contract or allow Architect/Engineer to cure the default as provided below. The City's rights and remedies provided in this Section 5.3 are in addition to all rights and remedies provided by law or under this Contract. Default by Architect/Engineer occurs if:
5.3.1.1 Architect/Engineer fails to perform any of its duties under this Contract;
5.3.1.2 Architect/Engineer becomes insolvent;
5.3.1.3 All or a substantial part of Architect/Engineer’s assets are assigned for the benefit of its creditors; or
5.3.1.4 A receiver or trustee is appointed for Architect/Engineer.
5.3.2 If a default occurs, the Director may deliver a written notice to Architect/Engineer describing the default and the termination date. The Director, at his or her sole option, may extend the termination date to a later date. If Architect/Engineer cures the default to the Director’s satisfaction before the termination date, then the termination is ineffective. If Architect/Engineer does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Contract on the termination date, at no further obligation of the City.
5.3.3 To effect final termination, the Director must notify Architect/Engineer in writing. After receiving the notice, Architect/Engineer shall, unless the notice directs otherwise, immediately discontinue all services under this Contract, promptly cancel all orders or subcontracts chargeable to this Contract and deliver all materials, supplies, and work products accumulated in performing this Contract to a place designated by the Director.
5.3.4 In the event of termination due to Architect/Engineer's failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Architect/Engineer shall be liable to the City for any additional cost occasioned to the City thereby.
5.3.5 If after termination for failure to fulfill contract obligations, it is determined that the Architect/Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, payment shall be made as provided in Section 5.2.
TERMINATION FOR CAUSE BY CITY. 5.3.1. If Engineer defaults under this Contract, the Director may either terminate this Contract or allow Engineer to cure the default as provided below. The City's rights and remedies provided in this Section 5.3 are in addition to all rights and remedies provided by law or under this Contract. Default by Engineer occurs if:
5.3.1.1. Engineer fails to perform any of its duties under this Contract;
5.3.1.2. Engineer becomes insolvent;
5.3.1.3. all or a substantial part of Engineer’s assets are assigned for the benefit of its creditors; or
5.3.1.4. a receiver or trustee is appointed for Engineer.
5.3.2. If a default occurs, the Director may deliver a written notice to Engineer describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If Engineer cures the default to the Director’s satisfaction before the termination date, then the termination is ineffective. If Engineer does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Contract on the termination date, at no further obligation of the City.
5.3.3. To effect final termination, the Director must notify Engineer in writing. After receiving the notice, Engineer shall, unless the notice directs otherwise, immediately discontinue all services under this Contract, promptly cancel all orders or subcontracts chargeable to this Contract and deliver all supplies, materials, and work products accumulated in performing this Contract to a place designated by the Director.
5.3.4. In the event of termination due to Engineer's failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Engineer shall be liable to the City for any additional cost occasioned to the City thereby.
5.3.5. If after termination for failure to fulfill contract obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, payment shall be made as provided in Section 5.2.
TERMINATION FOR CAUSE BY CITY. 10.3.1. If Licensee defaults under this Agreement, the City may terminate this Agreement subject to Licensee’s ability to cure such defaults below. The City’s right to terminate this Agreement for Licensee’s default is cumulative of all its rights and remedies which exist now or in the future. Default by Licensee includes, but is not limited to:
10.3.1.1. Failure of the Licensee to comply with any material term of this Agreement;
10.3.1.2. Licensee becomes insolvent;
10.3.1.3. The Licensee’s failure to obtain all licenses, permits, and certification required by the City under this Agreement and pay all fees associated therewith after the City has notified the Licensee that licenses, permits, and certifications must be obtained to work in the Public Right-of-Way;
10.3.1.4. All or a substantial part of Licensee’s assets are assigned for the benefit of its creditors;
10.3.1.5. A receiver or trustee is appointed for Licensee; or
10.3.1.6. Licensee fails to apply for permits to Collocate on Service Poles in the Public Right-of-Way within one year of the Effective Date of this Agreement.
10.3.2. If a default occurs, the City shall deliver a written notice to Licensee describing the default and the termination date. If the City sends a default notice, the Licensee shall have 60 days from the receipt of such notice to cure the default (unless the nature of the event takes longer to cure and the Licensee commences a cure within such 60-day period and thereafter diligently pursues it but will not exceed 180 days unless agreed to by the City which agreement will not be unreasonably withheld). If Licensee cures the default before the proposed termination date, the proposed termination is ineffective.
10.3.3. If the default is not cured in the time and manner set out above or by the City, then the City may immediately terminate this Agreement by notifying Licensee in writing of such termination. After receiving the notice, Licensee shall, immediately cease operations and remove Network Nodes from the Service Poles in accordance with the Section 7.1 of this Agreement, and any payment due through the date of termination shall be remitted by Licensee within 30 days of the receipt of the notice to the address in the Section 1.1 of this Agreement.
10.3.4. The City may revoke Licensee’s permit to occupy one or more Service Poles for non-compliance with the permit provisions for the impacted Service Poles or this Agreement. Such revocation will not operate to terminate the Ag...
TERMINATION FOR CAUSE BY CITY. CITY may immediately terminate EMPLOYEE’s employment with CITY and this Agreement at any time by providing EMPLOYEE written notice of EMPLOYEE’S termination for cause and the reason(s) for the termination, and an opportunity for a discussion with the City Manager or the City Manager’s designee. In the event the City Manager and EMPLOYEE are unable to resolve any disagreement regarding the cause for EMPLOYEE’S termination, the Parties agree to binding arbitration as provided in Section 6. No “severance payment” shall be paid in the event EMPLOYEE’s employment is terminated for cause, except that CITY shall pay EMPLOYEE for EMPLOYEE’S accrued and unused vacation, sick and administrative leave, as provided for in this Agreement. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent breach of duties, 3) resume fraud or other acts of material dishonesty, 4) unauthorized absence or leave not otherwise supported by valid documentation from a healthcare provider, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY’s anti-harassment policies and/or a finding that EMPLOYEE engaged in legally prohibited personal acts of harassment, discrimination, and/or retaliation against a CITY official, CITY employee, or any individual protected by state or federal laws prohibiting harassment, discrimination, and/or retaliation, 7) violation of the CITY’s Municipal Code, ordinances, rules or regulations, including but not limited to the CITY’s Rules and Regulations and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Council or City Manager, and 12) gross misfeasance or gross malfeasance. If the CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, EMPLOYEE shall not be enti...
TERMINATION FOR CAUSE BY CITY. 5.3.1. Any violation or breach of terms of this Agreement on the part of the Consultant or its Subcontractors may result in the suspension or termination of this Agreement or such other action that may be necessary to enforce the rights of the Parties to this Agreement. The duties and obligations imposed by the Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.
5.3.2. If Consultant defaults under this Agreement, the Director may either terminate this Agreement or allow Consultant to cure the default as provided below. The City's right to terminate this Agreement for Consultant's default is cumulative of all rights and remedies which exist now or in the future. Default by Consultant occurs if:
5.3.2.1. Consultant fails to perform any of its material duties under this Agreement;
5.3.2.2. Consultant becomes insolvent;
5.3.2.3. all or a substantial part of Consultant's assets are assigned for the benefit of its creditors; or
5.3.2.4. a receiver or trustee is appointed for Consultant.
5.3.3. If a default occurs, the Director may, but is not obligated to, deliver a written notice to Consultant describing the default and the termination date. The Director, at his sole option, may extend the termination date to a later date. If the Director allows Consultant to cure the default and Consultant does so to the Director's satisfaction before the termination date, then the termination is ineffective. If Consultant does not cure the default before the termination date, then the Director upon notice of termination, may terminate this Agreement on the termination date, at no further obligation to the City, and pay Consultant for all services performed, if any, through such date.
5.3.4. To effect final termination, the Director must notify Agreement in writing. After receiving the notice, Consultant shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, promptly cancel all orders or subcontracts chargeable to this Agreement and deliver all supplies and materials accumulated in performing this Agreement to a place designated by the Director.
5.3.5. In the event of termination due to Consultant's failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Consultant shall be liable to the City for any addit...
