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.
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 ANNEX A The BCRC-Caribbean - General Conditions of Contract
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. 8.1 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. 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.
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:
Default by the Consultant. (a) 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.
