Contractor Breach. Each of the following shall constitute a Breach of Contract on the part of CONTRACTOR: 11.2.1. A material failure to keep, observe, perform, meet, or comply with any covenant, agreement, term, or provision of this Contract to be kept, observed, met, performed, or complied with by CONTRACTOR hereunder. 11.2.2. A material failure to meet or comply with any court order, ACA Standards, or federal or state requirement of law. 11.2.3. A failure to maintain ACA accreditation in accordance with Section 5.11; 11.2.4. CONTRACTOR (i) admits in writing its inability to pay its debts; (ii) makes a general assignment for the benefit of creditors; (iii) suffers a decree or order appointing a receiver or trustee for all or substantially all of its property to be entered and, if entered without its consent, not to be stayed or discharged within sixty (60) days; (iv) suffers proceedings under any law relating to bankruptcy, insolvency, or the reorganization or relief of debtors to be instituted by or against it and, if contested by it, not to be dismissed or stayed within sixty (60) days; or (v) suffers any judgment, writ of attachment or execution, or any similar process to be issued or levied against a substantial part of its property which is not released, stayed, bonded, or vacated within sixty (60) days after issue or levy; or 11.2.5. Any other action by CONTRACTOR which would be considered a breach of this Contract at common law.
Appears in 2 contracts
Sources: Operations and Management Service Contract, Operations and Management Service Contract