DEFAULT AND TERMINATION OF CONTRACT Sample Clauses

DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of his/her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor:
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DEFAULT AND TERMINATION OF CONTRACT. The XXXX Contractor will be in default if any of the following occur: Failure to complete the Project within Contract’s Time; The XXXX Contractor becomes insolvent or a petition is filed in the Bankruptcy Courts of the US under Chapters 7 or 13 of the Bankruptcy Code naming the XXXX Contractor as debtor or conversion of a proceeding or petition from Chapter 11 to Chapter 7 or 13 of the Bankruptcy Code or seeks a forced respite under the laws of this state or similar debtor protection by courts of other states; Allowance of any final judgment to stand unsatisfied for a period of 14 Calendar Days; Assignment or arrangement for performance by others of all or part of the performance of the Contract, other than by subcontracting pursuant to XXXX Section 507-1, without written approval and consent in advance of CPRA and the Surety in the case of an assignment of the entire Contract, and an assignment of Contract proceeds for the benefit of one or more creditors other than pursuant to a security interest in accordance with Louisiana Revised Statutes 10:9-501, et seq., without prior written approval and consent of CPRA. Any such purported assignment will not be honored without evidence of compliance with this XXXX Section 507-9(D); Discontinuation of the prosecution of the Work; Failure to perform with sufficient workers, equipment, or materials to assure prompt completion of the Work; Performance of the Work unsuitably or neglect or refusal to remove materials or replace or repair rejected Work; Failure to resume discontinued Work within ten Calendar Days after notice to do so; Failure to perform the Work in an acceptable manner, violation of any provision in the Contract, or failure to follow any federal, state, or local laws pertaining to performance; Failure to follow federal, state, or local laws, rules, and regulations concerning construction safety and health standards or permits or conditions upon the site of the Work which are unsanitary, hazardous, or dangerous to the health or safety of the XXXX Contractor's workmen or the public; or Fraud. CPRA will give written notice to the XXXX Contractor, with a copy to the XXXX Contractor’s Surety, of CPRA's determination that the XXXX Contractor is in default for any cause specified in this XXXX Section 507-9. CPRA may give notice to the XXXX Contractor of its intent to put the XXXX Contractor in default under this XXXX Section 507-9 and specify a period of time in which the XXXX Contractor shall cure the defici...
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DEFAULT AND TERMINATION OF CONTRACT. If the Contractor: • Fails to begin work as provided by the contract within the time specified in the Notice to Proceed; or • Fails to perform the work with sufficient employees and equipment or sufficient materials to assure the prompt completion of the work; or • Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected by the Engineer or Consulting Engineer as unacceptable and unsuitable; or • Discontinues the prosecution of the work; or • Fails to resume work that has been discontinued within a reasonable time after notice by the Engineer or Consulting Engineer to do so; or • Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency, or allows any final judgment to stand against it unsatisfied for a period of ten days; or • Makes an assignment of the contract for the benefit of creditors; or • For any other cause whatsoever, fails to carry out the contract terms in an acceptable manner; then the Contract Administrator will give notice in writing to the Contractor and its surety of such delay, neglect or default and shall set forth within that notice an explanation of how the Contractor or surety can cure the delay, neglect or default. If the Contractor or surety, within a period of ten days after such notice, does not proceed in accordance therewith, the Department will, upon written notification from the Contract Administrator of the failure to cure, have full power and authority, without breaching the contract, to terminate the contract. The Department may appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement with another contractor for the completion of the contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer, Consulting Engineer or Contract Administrator will be required for the completion of the contract in an acceptable manner. The Department will deduct all cost charges it incurs, together with the cost of completing the work under contract, from any money due or which may become due to the Contractor. If such expense exceeds the sum that would have been payable under the contract, then the Contractor and the surety will be liable and shall pay to the Department the amount of such excess.
Sample 1
DEFAULT AND TERMINATION OF CONTRACT. A. If, at any time during the term of the Contract, the Contractor, in the sole discretion of the District; (a) has failed to provide the level of services required under the Contract; (b) has failed to fulfill services required in accordance with agreed schedules; (c) has become insolvent; (d) makes an assignment for the benefit of creditors; (e) files a voluntary petition in bankruptcy; (f) is subject to an involuntary petition in bankruptcy not discharged within thirty (30) days; (g) abandons the work; (h) subcontracts, assigns, transfers, conveys or otherwise disposes of its obligations under the Contract other than as provided herein; (i) fails to provide the insurance required under Article XI; or (j) fails to comply with any other term or condition contained in the Contract, the District shall have the right to terminate the Contract upon written notice to the Contractor. In the case of subsections (a), (b), (g), (h), (i) or (j), the District shall provide Contractor prior written notice of the default and Contractor shall have five (5) days to cure such default. If the default is not cured in five (5) days, the District can terminate this Contract. The District shall not be obligated to provide the cure period if the Contractor has defaulted more than three (3) times in the prior year.
Sample 1
DEFAULT AND TERMINATION OF CONTRACT. A. If, at any time during the term of the Contract, the Contractor, in the sole discretion of the Board; (a) has failed to provide the level of services required under the Contract; (b) has failed to fulfill services required in accordance with agreed schedules; (c) has become insolvent; (d) makes an assignment for the benefit of creditors; (e) files a voluntary petition in bankruptcy; (f) is subject to an involuntary petition in bankruptcy not discharged within thirty (30) days; (g) abandons the work; (h) subcontracts, assigns, transfers, conveys or otherwise disposes of its obligations under the Contract other than as provided herein; (i) fails to provide the insurance required under Article IX; or (j) fails to comply with any other term or condition contained in the Contract, the Board shall have the right to terminate the Contract upon written notice to the Contractor.
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DEFAULT AND TERMINATION OF CONTRACT. If the Contractor:
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Related to DEFAULT AND TERMINATION OF CONTRACT

  • Default and Termination A. In the event of substantial failure by PROVIDER to perform in accordance with the terms hereof, A&M System may terminate this Agreement upon fifteen (15) days written notice of termination setting forth the nature of the failure (the termination shall not be effective if the failure is fully cured prior to the end of the fifteen-day period), provided that said failure is through no fault of A&M System.

  • Events of Default and Termination 13.1 If:

  • Default Events and Termination 18.1 Each of the following circumstances shall constitute a General Default:

  • COMMENCEMENT AND TERMINATION OF AGREEMENT 18 4.1 Term 18 4.2 Effect of Termination on Obligations; Survival 19 4.3 Mutual Termination 19 4.4 Early Termination 19

  • H DEFAULT, DISRUPTION AND TERMINATION H1 Termination on insolvency and change of control H1.1 The Client may terminate the Contract with immediate effect by notice in writing where the Contractor is a company and in respect of the Contractor:

  • Default, Disruption and Termination H1 Termination on Change of Control and Insolvency H2 Termination on Default H3 Break H4 Consequences of Termination H5 Disruption H6 Recovery upon Termination H7 Force Majeure

  • DETERMINATION OF BREACH AND TERMINATION OF AGREEMENT A. Prior to making a determination that the Applicant has failed to comply in any material respect with the terms of this Agreement or to meet any material obligation under this Agreement, the District shall provide the Applicant with a written notice of the facts which it believes have caused the breach of this Agreement, and if cure is possible, the cure proposed by the District. After receipt of the notice, the Applicant shall be given ninety (90) days to present any facts or arguments to the Board of Trustees showing that it is not in breach of its obligations under this Agreement, or that it has cured or undertaken to cure any such breach.

  • Term Suspension and Termination 9.1. Term of this MSA. This MSA comes into force on the date you first accept it by whatever means and continues until all Subscriptions expire or have been terminated.

  • Amendment and Termination of Agreement (a) We may amend any provision of this Agreement by giving you written notice of the amendment. Either party to this Agreement may terminate the Agreement without cause by giving the other party at least thirty (30) days' written notice of its intention to terminate. This Agreement will terminate automatically in the event of its assignment (as defined in the 1940 Act).

  • Term and Termination of Agreement 1. This Agreement shall run for a period of one (1) year from the date first written above and will be renewed from year to year thereafter unless terminated by either party as provided hereunder.

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