Common use of Events of Default; Termination for Cause Clause in Contracts

Events of Default; Termination for Cause. If Consultant: (1) fails to comply with applicable laws and ordinances; or (2) assigns or subcontracts its obligations under the Agreement or any part hereof without Purchaser’s consent; or (3) otherwise fails or refuses to perform its obligations under the Agreement in any respect; or (4) fails to provide Purchaser, upon request with adequate assurance of future performance of the Agreement; or (5) becomes insolvent or makes a general assignment for the benefit of creditors or admits in writing its inability to pay debts as they mature or if a trustee or receiver of Consultant or of any substantial part of Consultant’s assets is appointed by any court or proceedings instituted under any provisions of the Federal Bankruptcy Code or any state insolvency law by or against Consultant are acquiesced in or are not dismissed within thirty (30) days or result in an adjudication in bankruptcy or insolvency; or; (6) unnecessarily delays the Work or any part thereof; or (7) fails to perform the Work in accordance with the acceptable practices and customary diligence of the profession or industry of which Consultant is a member or in a timely way, then Purchaser may terminate the Agreement immediately or cancel any remaining portion of the Work (and Purchaser’s corresponding obligations) and/or pursue any further remedies available at law or in equity. Notice of termination shall be in writing and shall be effective upon receipt thereof. Upon a final determination by a court of competent jurisdiction that a termination pursuant to this Article 11(A) was improper, the termination shall be deemed a termination for convenience pursuant to Article 11(B).

Events of Default; Termination for Cause. If ConsultantSupplier: (1) fails to comply with applicable laws and ordinances; or (2) assigns or subcontracts its obligations under the Agreement or any part hereof without Purchaser’s prior written consent; or (3) otherwise fails or refuses to perform its obligations under the Agreement in any respect; or (4) fails to provide Purchaser, upon request with adequate assurance of future performance of the Agreement; or (5) becomes insolvent or makes a general assignment for the benefit of creditors or admits in writing its inability to pay debts as they mature or if a trustee or receiver of Consultant Supplier or of any substantial part of ConsultantSupplier’s assets is appointed by any court or proceedings instituted under any provisions of the Federal Bankruptcy Code or any state insolvency law by or against Consultant Supplier are acquiesced in or are not dismissed within thirty (30) days or result in an adjudication in bankruptcy or insolvency; or; or (6) unnecessarily delays the Work or any part thereof; or (7) fails to perform the Work in accordance with the acceptable practices and customary diligence of the profession or industry of which Consultant Supplier is a member or in a timely way; or (8) engages in conduct that violates FirstEnergy’s Supplier Code of Conduct (defined below), including but not limited to Supplier’s obligation to promptly notify Purchaser of any potential compliance or ethics concerns; then Purchaser may terminate the Agreement immediately or cancel any remaining portion of the Work (and Purchaser’s corresponding obligations) and/or pursue any further remedies available at law or in equity. Notice of termination shall be in writing and shall be effective upon receipt thereof. Upon a final determination by a court of competent jurisdiction that a termination pursuant to this Article 11(A) was improper, the termination shall be deemed a termination for convenience pursuant to Article 11(B).