Default by the Consultant Clause Samples
The 'Default by the Consultant' clause defines the circumstances under which a consultant is considered to have failed to meet their contractual obligations. Typically, this clause outlines specific actions or omissions—such as missing deadlines, delivering substandard work, or breaching confidentiality—that constitute a default. Its core practical function is to provide a clear framework for identifying consultant failures, thereby enabling the client to take appropriate remedial actions, such as issuing warnings, withholding payment, or terminating the contract if necessary.
POPULAR SAMPLE Copied 1 times
Default by the Consultant. In case the Consultant fails to fulfill her obligations and responsibilities under this Contract, and provided the Consultant has not remedied such failure(s) within ten (10) days of having been given BCRC-Caribbean’s express written notification of the nature of the failure(s), and provided that such failure is not subject to any dispute resolution in progress between the Parties, BCRC-Caribbean may, at its sole option and without prejudice to its right to withhold payment(s) as hereinbefore provided, hold the Consultant in default under this Contract. When the Consultant is judged to be in default, BCRC-Caribbean may, by giving written notice to the Consultant, terminate the Contract as a whole or such part or parts thereof in respect of which the Consultant is in default. Upon such notice, BCRC-Caribbean shall have the right to seek completion, at the Consultant's expense, of that part or those parts of the Contract with respect to which the Consultant is in default. The Consultant shall, in this case, be solely responsible for any reasonable costs of completion, including such costs which are incurred by BCRC-Caribbean over and above the originally agreed Contract price stipulated hereinbefore. Provided always that if the Consultant disputes any claim that they have failed to fulfill their obligations and responsibilities under this Contract of which they are given notice by the BCRC-Caribbean, they may invoke the provisions of Annex A, Clause 13, related to Settlement of Disputes, and the Consultant shall not be held to be in default of the Contract until after the dispute settlement process has been completed. Basel Convention Regional Centre for Training and Technology Transfer for the Caribbean 7 IN WITNESS WHEREOF, the Parties hereto have executed this Contract. BASEL CONVENTION REGIONAL CENTRE FOR TRAINING AND TECHNOLOGY TRANSFER FOR THE CARIBBEAN [BCRC-CARIBBEAN] XXXX Consultancy for the Development of Hazardous Waste Disposal/Stabilisation Strategies Signature: Signature: Name: Name: Position: Position: Date: Date: Basel Convention Regional Centre for Training and Technology Transfer for the Caribbean 8
Default by the Consultant. In case the Consultant fails to fulfill their obligations and responsibilities under this Contract, and provided the Consultant has not remedied such failure(s) within ten (10) days of having been given BCRC-Caribbean’s express written notification of the nature of the failure(s), and provided that such failure is not subject to any dispute resolution in progress between the Parties, BCRC-Caribbean may, at its sole option and without prejudice to its right to withhold payment(s) as hereinbefore provided, hold the Consultant in default under this Contract. When the Consultant is judged to be in default, BCRC-Caribbean may, by giving written notice to the Consultant, terminate the Contract as a whole or such part or parts thereof in respect of which the Consultant is in default. Upon such notice, BCRC-Caribbean shall have the right to seek completion, at the Consultant's expense, of that part or those parts of the Contract with respect to which the Consultant is in default. The Consultant shall, in this case, be solely responsible for any reasonable costs of completion, including such costs which are incurred by BCRC-Caribbean over and above the originally agreed Contract price stipulated hereinbefore. Provided always that if the Consultant disputes any claim that they have failed to fulfill their obligations and responsibilities under this Contract of which they are given notice by the BCRC-Caribbean, they may invoke the provisions of Annex A, Clause 13, related to Settlement of Disputes, and the Consultant shall not be held to be in default of the Contract until after the dispute settlement process has been completed.
Default by the Consultant. The Client shall notify the Consultant, in writing, if he considers that the Consultant is in breach of any of his obligations under this Agreement, stating the default on the part of the Consultant constituting such breach. In the event that the Consultant does not respond to such notice within fifteen (15) days or fails to rectify the default within a reasonable period not exceeding thirty (30) days, the Client may by further notice to the Consultant terminate the Agreement as of the date stated in such further notice. Such termination shall be without prejudice to the right of the Client to claim damages for default of the Consultant.
Default by the Consultant. 10.1 The Client shall notify the Consultant, in writing and detailing the basis of its objection, if it considers that the Consultant is not discharging its obligations under the Agreement. In the event that the Consultant fails to instigate remedial action within a period of fourteen (14) days after receiving the notice or, if it is not reasonable or practical to instigate action within the said period, fails to notify the Client in writing, within the said period, of a strategy for remedying the fault at issue in as short a period as possible and by no later than a date thirty (30) days after expiration of the said period, then the Client may terminate the Agreement by giving not less than thirty (30) days written notice. In such event, the Consultant shall be entitled to receive fees due and costs incurred in respect of the Services rendered up to the date of termination.
Default by the Consultant. In the event the Consultant without reasonable cause-
Default by the Consultant. 1. If the Consultant fails to start the work on the specified date and time, and/or repudiates the contract before the expiry of such period without any reasonable grounds acceptable to the Commission, the Commission without prejudice to any other remedy may recover damages for breach of the contract at the rate of 2% (two percent) of the awarded amount and black list the consultant from award of any work in future for certain period as the Commission may deem fit.
2. In case of failure of the Consultant in fulfilling the contract, the Commission may at its discretion, terminate the contract either wholly or in part by giving 15 days advance notice to the Consultant assigning reasons thereof. On termination of the contract, it shall be the responsibility of the Consultant to remove his manpower and materials within two days of date specified. The Commission shall not indemnify any loss caused to the Consultant by such terminations, whatsoever it may be.
3. That, if at any stage during the period of the contract any case involving moral turpitude is instituted in a court of law against the Consultant or its employees, the Commission reserves exclusive and special rights for the outright termination of the contract without any notice to the contractor and in that event the contractor shall not be entitled to any compensation from the Commission.
4. If the performance of the Consultant is found poor despite repeated instructions, the Commission may recover up to 10% (ten percent) of the awarded amount towards Liquidated Damages and the performance guarantee and the security deposit so deducted may also be forfeited; and/or terminate the contract after giving 15 days notice. The Consultant shall not be entitled for compensation for any loss which it may incur on such termination Indicative milestones to monitor progress of activities shall be observed as under.
Default by the Consultant. If it is required for the Consultant to carry out Services or to repeat Services as a result of any error, omission, delay, or misjudgement or any other relevant action / inaction by the Consultant, then the Consultant shall carry out such Services or repeated Services promptly and shall not be entitled to any additional sums or extension to the Time for Completion. At any time, the acceptance of the Services provided will not relieve the Consultant of the responsibility for subsequent correction of any errors and from the clarification of any ambiguity therein.
Default by the Consultant. 6.1 The Consultant shall be considered in default if any of the following cases occurred during the performance of this contract:
i. Any unjustified delays occurred in the completion of the work, duties and performance of the services required.
ii. If it has performed a work of a level does not commensurate with the practices and the norms of the profession or neglected his duties.
iii. Failed to replace any of its technical staff contrary to the instructions specified in article (5) of this Contract.
iv. If it directed a sub-contracting of any portion of the tasks entrusted to the Consultant without the consent of the Client.
v. If did not adhere to the submission of a work that meets the basic requirements of the ITS.
vi. If it became bankrupt, financially insolvent, or made a discharge for the benefit of his creditors.
i. Issue a warning to the Consultant and offering him a period of time (21) days to remedy the failure.
ii. If the warning period has lapsed without acceptable correction of the situation or taking serious and convincing actions to eliminate the reasons of the default, the Client may terminate the Contract and forfeiture of the performance guarantee or any part thereof, and accomplish the services required by his own staff or to entrust other consultants to carry out such services.
iii. The Consultant shall get paid for what it has completed of approved stages of the work up to date deducted thereof any differences in Remuneration for the cost incurred by the Client to complete the remaining stages, and these differences shall be calculated by the a committee mentioned in sub-paragraph (iv) of this article below.
iv. If the Client, during the implementation of the works covered by this Contract or thereafter, found out that there is any short comings or an error in the study that would cause a serious mischiefs of the ITS or a significant increase in the cost of constructing the ITS due to the default of the Consultant or its staff, the Client shall form a technical committee comprising of experienced and competent members to determine the Consultant responsibility as follows: - The Director of LTRC or whoever delegated him in writing –Chairman of the Committee. - An engineer Delegate of the Ministry of Transport. - An engineer Delegate of the Municipality of Greater Amman. - An engineer Delegate of the Consultant - An engineer from the Audit Bureau.
v. This committee would examine the problem, and communicate and coordinate with the conc...
Default by the Consultant. If the Client suffers damage as a result of a default by the Consultant in the execution of its obligations under this Agreement, the Client shall give a written notice to the Consultant and seek to resolve with the Client the dispute relating to such damage in accordance with the process under Clause 8.