Default Termination and Cancellation Clause Samples
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Default Termination and Cancellation. A. Termination by Default: If either party becomes aware of an event of default, that party shall give written notice of said default to the party in default that shall state the following:
1. The alleged default and the applicable Agreement provision.
2. That the party in default has ten (10) days upon receiving the notice to cure the default (Time to Cure). If the party in default does not cure the default within ten (10) days of the Time to Cure, then such party shall be in default and the party giving notice may terminate the Agreement by issuing a Notice of Termination. The party giving notice may extend the Time to Cure at their discretion. Any extension of Time to Cure must be in writing, prepared by the party in default for signature by the party giving notice, and must specify the reason(s) for the extension and the date in which the extension of Time to Cure expires.
1. If County terminates this Agreement, in whole or in part, for default: County reserves the right to procure the goods or services, or both, similar to those terminated, from other sources and Consultant shall be liable to County for any excess costs for those goods or services. County may deduct from any payment due, or that may thereafter become due to Consultant, the excess costs to procure from an alternate source.
2. County shall pay Consultant the sum due to Consultant under this Agreement prior to termination, unless the cost of completion to County exceeds the funds remaining in the Agreement. In which case the overage shall be deducted from any sum due Consultant under this Agreement and the balance, if any, shall be paid to Consultant upon demand.
3. County may require Consultant to transfer title and deliver to County any completed work under the Agreement. The following shall be events of default under this Agreement:
1. Failure by either party to perform in a timely and satisfactory manner any or all of its obligations under this Agreement.
2. A representation or warranty made by Consultant in this Agreement proves to have been false or misleading in any respect.
3. Consultant fails to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Agreement, unless County agrees, in writing, to an extension of the time to perform before that time period expires.
4. A violation of ARTICLE XXIV, Conflict of Interest.
Default Termination and Cancellation. A) Default: Upon the occurrence of any default of the provisions of this Agreement, a party shall give written notice of said default to the party in default (notice). If the party in default does not cure the default within ten (10) days of the date of notice (time to cure), then such party shall be in default. The time to cure may be extended at the discretion of the party giving notice. Any extension of time to cure must be in writing, prepared by the party in default for signature by the party giving notice and must specify the reason(s) for the extension and the date on which the extension of time to cure expires. Notice given under this section shall specify the alleged default and the applicable Agreement provision and shall demand that the party in default perform the provisions of this Agreement within the applicable period of time. No such notice shall be deemed a termination of this Agreement unless the party giving notice so elects in this notice, or the party giving notice so elects in a subsequent written notice after the time to cure has expired. In the event of termination for default, County reserves the right to take over and complete the work by contract or by any other means.
Default Termination and Cancellation. If NAPA is unable to provide a product in the time needed by County and the product is not available at the closest NAPA store location identified in section 1(e) above, then County is authorized to purchase the item outside of the Agreement and the purchase will not be considered in determining whether NAPA is the County's primary supplier.
Default Termination and Cancellation. ARTICLEIV Taxes: Consultant certifies that as of today's date, it is not in default on any unsecured property taxes or other taxes or fees owed by Consultant to County. Consultant agrees that it shall not default on any obligations to County during the term of this Agreement.
Default Termination and Cancellation. A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement, noncompliance with the AIDS Housing Opportunity Act, 42 U.S.C. Sections 12901 to 12912 or the Housing Opportunities for Persons With AIDS Program Final Rule as amended in 61 FR 7963, February 29, 1996, HOPWA regulations published at ▇▇ ▇▇▇ ▇▇▇, and 24 CFR Part 85.
Default Termination and Cancellation. A. Default/Violation: Upon the occurrence of any default or violation of the provisions of this Agreement, the Permit Officer shall give written notice of said default or violation to the Fire District (notice). If the Fire District does not cure the default or violation within ten (10) days of the date of notice (time to cure), then the Fire District shall be in default. Upon failure to cure the default or violation within the specified time to cure, the Permit Officer may, in their sole discretion extend the time to cure, or suspend, revoke or terminate the Fire District’s permit in accordance with the paragraph “Suspension, Revocation and/or Termination” herein below. Any extension of time to cure must be in writing, prepared by the Fire District for signature by the Permit Officer and must specify the reason(s) for the extension and the date on which the extension of time to cure expires. Notice given under this section shall specify the alleged default or violation, and the applicable Agreement provision or cite the appropriate section of the Ambulance Ordinance, and shall demand that the Fire District perform the provisions of this Agreement within the applicable period of time.
Default Termination and Cancellation. Termination or Cancellation without Cause: Either party may terminate this MOU in whole or in part upon seven (7) calendar days written notice by County without cause. Upon receipt of a Notice of Termination, County and City shall promptly discontinue all services affected, as of the effective date of termination set forth in such Notice of Termination, unless the notice directs otherwise.
Default Termination and Cancellation. In no event shall County be obligated to pay Contractor for any amount above the Maximum Obligation of this Agreement.
Default Termination and Cancellation