Non-Default Clause Samples
The Non-Default clause defines circumstances under which a party is not considered to be in default under the agreement. Typically, it outlines specific actions or omissions that do not constitute a breach, such as delays caused by force majeure events or compliance with legal requirements. By clarifying what does not amount to a default, this clause helps prevent unnecessary disputes and ensures that parties are not unfairly penalized for situations beyond their control.
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Non-Default. By requesting extension for a Renewal Term as set forth above, or by consenting to a Renewal Term in any manner, Contractor shall be deemed to affirmatively assert that (i) the City is not currently in default, nor has been in default at any time prior to the Renewal Term, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the commencement date of the Renewal Term are forever waived.
Non-Default. That there has occurred no Event of Default under this Agreement, which has not been cured within the applicable cure period.
Non-Default. The Company is not in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any indenture, mortgage, deed of trust or other material instrument or agreement to which it is a party or by which it or its property may be bound;
Non-Default. Except as disclosed in the Memorandum, neither the Company nor any of its Subsidiaries is in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any indenture, mortgage, deed of trust or other material instrument or agreement to which it is a party or by which it or its property may be bound;
Non-Default. No Default or Event of Default has occurred or is continuing.
Non-Default. NONCONTRAVENTION: During the operative period, the CONSULTANT is not in violation of its articles or certificate of incorporation or by-laws or, in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any material contract, lease or other instrument to which it is a party, and the CONSULTANT's execution and delivery of this Agreement, and the incurrence of the obligations herein and therein set forth, and the consummation of the transactions contemplated do not (i) conflict with, or constitute breach of, or a default under the articles or certification of incorporation or by-laws of the CONSULTANT, or any material contract, lease or other material agreement or instrument to which the CONSULTANT is a party or in which the CONSULTANT has a beneficial interest or by which the CONSULTANT is bound: (ii) violates any existing applicable law, rule, regulation, judgment, order or decree of any governmental agency or court, domestic or foreign, having jurisdiction over the CONSULTANT or any of its properties or business; or (iii) has or has had any material adverse effect on any permit, certification, registration, approval, consent, license or franchise necessary for the CONSULTANT to own or lease and operate any of its properties and to conduct its business or the ability of the CONSULTANT to make use thereof.
Non-Default. Borrower shall be in compliance with all of the terms and conditions set forth herein and an Event of Default as specified herein, or an event which upon notice or lapse of time or both would constitute such an Event of Default, shall not have occurred or be continuing at the time of such Advance.
Non-Default. The Company, except as described in the SEC Filings, is not in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any indenture, mortgage, deed of trust or other material instrument or agreement to which it is a party or by which it or its property may be bound.
Non-Default. No Canadian Default or Canadian Event of Default has occurred or is continuing.
Non-Default. By executing this Fourth Amendment, the Construction Manager affirmatively asserts that (i) NMA is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of this Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. [SIGNATURES ON FOLLOWING PAGES] K-1920-133 Amendment #4 Exhibit A Municipal Courts Renovation Exhibit A – Basis for GMP K-1920-113 - Municipal Courts Renovation January 13th, 2023 ▇▇▇▇▇▇ ▇▇▇▇ City Clerk City of Norman RE: City of ▇▇▇▇▇▇ Municipal Complex Renovation – Municipal Courts Recommendation Award Letter Bid Package #01 - Letter #1 Dear ▇▇▇. ▇▇▇▇, For the above referenced project, we are proposing a guaranteed maximum price (GMP) of three million five hundred thousand dollars ($3,500,000). Bids for the City of ▇▇▇▇▇▇ Courts Renovation – Bid Package #1, were received and publicly read aloud in the city council ▇▇▇▇▇▇▇▇ at ▇▇▇ ▇ ▇▇▇▇ ▇▇. ▇▇▇▇▇▇, OK on January 5th, 2023 at 2:00 PM CST. The bidding process was conducted in accordance with the Oklahoma Public Competitive Bidding Act, 61 O.S. 1974, §101 ▇▇▇▇▇▇▇▇▇ Construction Company has reviewed the bids for qualifications, completeness, responsiveness, cost, & best value to the owner. For additional information, see breakout pages & summaries below. Subcontractor / Supplier Total 2A Demolition (M&M Wrecking) $64,600 • ▇▇▇▇▇▇▇▇▇ Construction is recommending responsive low bidder, M&M Wrecking, for this trade contract. Scope includes the entirety of trade contract 2A as detailed in Bid Package #01 documents. 3A Concrete (Crossland) $120,000 • ▇▇▇▇▇▇▇▇▇ Construction is recommending responsive low bidder, Crossland, for this trade contract. Scope includes the entirety of trade contract 3A as detailed in Bid Package #01 documents. 5A Structural Steel (Weibee Steel) $110,000 • ▇▇▇▇▇▇▇▇▇ Construction is recommending responsive low bidder, Weibee Steel, for this trade contract. Scope includes the entirety of trade contract 5A as detailed in Bid Package #01 documents. 6A Millwork (FADCO) $329,015 • ▇▇▇▇▇▇▇▇▇ Construction is recommending responsive low bidder, FADCO, for this trade contract. Scope includes the entirety of trade contract 6A as detailed in Bid Package #01 documents. 7B Joint Sealants and Waterproofing (OK Building Solutions) $16,910 • ▇▇▇▇▇▇▇▇▇ Construction is recommending responsive low bidder, OK Buildin...