Common use of Consultant's default Clause in Contracts

Consultant's default. ‌ (a) Where the Consultant: (i) fails to perform any part of the Services; or (ii) fails to comply with any reasonable and lawful direction of the Principal; or (iii) commits a substantial breach of the Agreement. Substantial breaches include, but are not limited to: (A) breach of an acknowledgement and agreement in clause 2.13; (B) failing to effect insurance or provide evidence of insurance; (C) wrongful suspension of the Services; (D) substantial departure from a program without reasonable cause or the Principal’s approval; and (E) where there is no program, failing to proceed with due expedition and without delay, then the Principal may give the Consultant a notice to remedy the failure. The notice must be in writing and contain particulars of the substantial breach or the failure to perform or comply. (b) If the Consultant does not remedy or does not diligently commence to remedy the substantial breach or the failure to perform or comply, within 7 Business Days of receiving the notice under clause 6.3(a)(iii), then the Principal may: (i) in accordance with clause 6.4 take out of the Consultant’s hands the whole or part of the Services remaining to be completed and suspend payment until it becomes due and payable pursuant to clause 6.5; or (ii) terminate this Agreement and no further payment other than as set out in clause 6.9(b) will be payable to the Consultant and the Principal may engage another consultant or consultants to perform or complete the Services.

Consultant's default. ‌ (a) Where the Consultant: (i) fails to perform any part of the Services; or (ii) fails to comply with any reasonable and lawful direction of the Principal; or (iii) commits a substantial breach of the Agreement. Substantial breaches include, but are not limited to: (A) breach of an acknowledgement and agreement in clause 2.13; (B) failing to effect insurance or provide evidence of insurance; (C) wrongful suspension of the Services; (D) substantial departure from a program without reasonable cause or the Principal’s approval; and (E) where there is no program, failing to proceed with due expedition and without delay, then the Principal may give the Consultant a notice to remedy the failure. The notice must be in writing and contain particulars of the substantial breach or the failure to perform or comply. (b) If the Consultant does not remedy or does not diligently commence to remedy the substantial breach or the failure to perform or comply, within 7 Business Days of receiving the notice under clause 6.3(a)(iii), then the Principal may: (i) in accordance with clause 6.4 take out of the Consultant’s hands the whole or part of the Services remaining to be completed and suspend payment until it becomes due and payable pursuant to clause 6.5; or (ii) terminate this Agreement and no further payment other than as set out in clause 6.9(b) will be payable to the Consultant and the Principal may engage another consultant or consultants to perform or complete the Services.Services.‌