Common use of Grounds for Default Clause in Contracts

Grounds for Default. The WDC shall have the right to declare the Contractor in default: 1. Upon a breach by the Contractor of a material term or condition of this Contract, including unsatisfactory performance of the services; 2. Upon insolvency or the commencement of any proceeding by or against the Contractor, either voluntarily or involuntarily, under the Bankruptcy Code or relating to the insolvency, receivership, liquidation, or composition of the Contractor for the benefit of creditors; 3. If the Contractor refuses or fails to proceed with the services under the Contract when and as directed by the Executive Director; 4. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are indicted or convicted after execution of the Contract under any state or federal law of any of the following: a. a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract; b. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving stolen property; c. a criminal violation of any state or federal antitrust law; d. violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract; e. conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any statute described in subparagraph (d) above; or f. an offense indicating a lack of business integrity that seriously and directly affects responsibility as a WDC vendor. 5. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are subject to a judgment of civil liability under any state or federal antitrust law for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or 6. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities makes or causes to be made any false, deceptive, or fraudulent material statement, or fail to make a required material statement in any bid, proposal, or application for WDC, City of New York, or government work.

Grounds for Default. The WDC shall have the right to declare the Contractor in default: 1. Upon a breach by the Contractor of a material term or condition of this Contract, including unsatisfactory performance of the services; 2. Upon insolvency or the commencement of any proceeding by or against the Contractor, either voluntarily or involuntarily, under the Bankruptcy Code or relating to the insolvency, receivership, liquidation, or composition of the Contractor for the benefit of creditors; 3. If the Contractor refuses or fails to proceed with the services under the Contract when and as directed by the Executive Director; 4. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are indicted or convicted after execution of the Contract under any state or federal law of any of the following: a. a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract; b. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving stolen property; c. a criminal violation of any state or federal antitrust law; ; d. violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract; e. conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any statute described in subparagraph (d) above; or f. an offense indicating a lack of business integrity that seriously and directly affects responsibility as a WDC vendor. 5. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are subject to a judgment of civil liability under any state or federal antitrust law for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or 6. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities makes or causes to be made any false, deceptive, or fraudulent material statement, or fail to make a required material statement in any bid, proposal, or application for WDC, City of New York, or government work.