TERMINATION FOR CAUSE BY THE CITY. 5.4.1 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:
TERMINATION FOR CAUSE BY THE CITY. 5.4.1. 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:
TERMINATION FOR CAUSE BY THE CITY. City may terminate this Contract in the event of a material default by Construction Project Manager and a failure by Construction Project Manager to cure such default after receiving notice thereof, as provided in this Section. Default by Construction Project Manager shall occur if Construction Project Manager fails to observe or perform any of its duties under this Contract, if Construction Project Manager dies (if an individual), Construction Project Manager becomes insolvent, all or a substantial part of Construction Project Manager's assets are assigned for the benefit of its creditors, a receiver or trustee is appointed for Construction Project Manager, or for some other reason is unable to render services hereunder. Should such a default occur, the Director will deliver a written notice to Construction Project Manager describing such default and the proposed date of termination. Such date may not be sooner than the seventh day following receipt of the notice. The Director, at his or her sole option, may extend the proposed date of termination to a later date. If Construction Project Manager cures such default to the Director's reasonable satisfaction prior to the proposed date of termination, then the proposed termination shall be ineffective. If Construction Project Manager fails to cure such default prior to the proposed date of termination, then City may terminate its performance under this Contract as of such date, and Construction Project Manager shall deliver all Documents to the Director within seven days of the effective date of the termination. If the City's cost of obtaining completion of the work by other engineers, in combination with other direct costs sustained by the City as a result of the default, exceeds the remaining contract amounts unpaid to Construction Project Manager, the City shall not be obligated to make any further payment to Construction Project Manager. This provision does not relieve Construction Project Manager of any other obligation Construction Project Manager may have to the City. After receiving the Notice of Termination, Construction Project Manager shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, and promptly cancel all orders, Consultants or subcontractors chargeable to this Agreement.
TERMINATION FOR CAUSE BY THE CITY. The City shall have the right to terminate this Agreement immediately in the event the City determines, in its reasonable judgment, that MaineHousing has failed to perform its obligations hereunder or has breached any representation or warranty made by MaineHousing hereunder, which failure or breach is not cured within fourteen (14) days of written notice thereof. If the failure or breach is not cured within the foregoing grace period, such termination shall be effective on the date specified in a notice of termination given by the City to MaineHousing. In the event of such termination, MaineHousing shall be obligated to pay the City only for costs actually incurred by the City or its agents, or as to costs which the City or its agents are contractually obligated to pay, to the effective date of such termination provided that such costs have been accepted by MaineHousing as set forth herein.
TERMINATION FOR CAUSE BY THE CITY. A. Upon the happening of any of the following events of default by the Contract Partner, the City shall have the right to terminate this Agreement and/or to pursue a cause of action for actual damages, all as more fully described herein: (1) the persistent and repeated failure by the Contract Partner to provide the Services in accordance with the terms and provisions of this Agreement, and/or applicable laws, rules and regulations; (2) the failure of the Contract Partner to perform any of its covenants, agreements, obligations and/or duties created by this Agreement; (3) if any representation and/or warranty which is not capable of cure is made by the Contract Partner that shall prove to be false and/or misleading in any material respect and the legality of this Agreement or the ability of the Contract Partner to carry out its duties and obligations under this Agreement is thereby materially and adversely affected; (4) the commencement of any bankruptcy, insolvency, liquidation and/or similar proceeding against the Contract Partner, its parent corporation or Guarantor and which materially and adversely affects the Contract Partner's ability to perform its duties or obligations under this Agreement; the consent by the Contract Partner, or its parent to the appointment of and/or taking possession by a receiver, liquidator, assignee, trustee and/or custodian of the Contract Partner, its parent corporation or Guarantor and/or any substantial part of their respective assets which materially and adversely affects the Contract Partner's ability to perform its duties or obligations under this Agreement; the making by the Contract Partner, and/or its parent
TERMINATION FOR CAUSE BY THE CITY. The City may terminate this Agreement for cause if Engineer fails to cure any defect in Engineer’s performance of the work under this Agreement within seven (7) calendar days after receiving written notice to cure.
TERMINATION FOR CAUSE BY THE CITY. 10.1.1. The City, upon serving written notice of intent to terminate, may initiate termination of the Agreement and Consultant’s right to provide further Services, in the event that the Director has determined that the Consultant has failed to perform in accordance with the requirements of the Agreement.
TERMINATION FOR CAUSE BY THE CITY. In the event Contractor fails to cure a Contractor Event of Default as authorized herein, or upon the occurrence of a Contractor Event of Default as specified in Section 7.a.i.(3), the City may terminate this Agreement in whole or in part, effective upon receipt by Contractor of written notice of termination pursuant to this provision, and may pursue such remedies at law or in equity as may be available to the City. City Default -- Provisions and Remedies of Contractor.
TERMINATION FOR CAUSE BY THE CITY. 5.4.1. If Concessionaire defaults under this Agreement, the Director may either terminate this Agreement or allow Concessionaire to cure the default as provided below. The City’s right to terminate this Agreement for Concessionaire’s default is cumulative of all rights and remedies which exist now or in the future. Default by Concessionaire occurs if:
TERMINATION FOR CAUSE BY THE CITY. If Construction Project Manager defaults under this Agreement, the Director may either terminate this Agreement, in whole or in part or allow Construction Project Manager to cure the default as provided below. The City’s right to terminate this Agreement for Construction Project Manager's default is cumulative of all rights and remedies which exist now or in the future. "Event of Default" by Construction Project Manager occurs if:
