PERFORMANCE AND DEFAULT. If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under this contract, the State shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option of the State, become its property, and the Vendor shall be entitled to receive just and equitable compensation for any acceptable work completed on such materials. Notwithstanding, Vendor shall not be relieved of liability to the State for damages sustained by the State by virtue of any breach of this contract, and the State may withhold any payment due the Vendor for the purpose of setoff until such time as the exact amount of damages due the State from such breach can be determined. The State reserves the right to require at any time a performance bond or other acceptable alternative guarantees from a successful Vendor without expense to the State. In case of default by the Vendor, the State may procure the services necessary to complete performance hereunder from other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the Contractor under this contract, or upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the State may immediately cease doing business with the Contractor, immediately terminate this contract for cause, and may act to debar the Contractor from doing future business with the State
PERFORMANCE AND DEFAULT. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the District shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the District, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of this agreement, and the Agency may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the District from such breach can be determined. In case of default by the Contractor, the District may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The District reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the District. In addition, in the event of default by the Contractor under this contract, the District may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the District has with the Contractor, and de-bar the Contractor from doing future business with the District. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the District may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the District, and de-bar the Contractor from doing future business Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
PERFORMANCE AND DEFAULT. Black Hawk College reserves the right to require performance bond from successful bidder. Otherwise, in case of default on part of the contractor Black Hawk College may procure the articles or services from other sources and hold the contractor responsible for any excess costs occasioned thereby. The accepted remedies of force majeure will be considered in assessing any contractor default.
PERFORMANCE AND DEFAULT. (a) If, through any cause, the Vendor shall fail to fulfill in timely and proper manner the obligations under this Agreement, the University shall thereupon have the right to terminate this Agreement, but only after Vendor has had reasonable opportunity to cure by giving written notice to the Vendor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this Agreement prepared by the Vendor shall, at the option of the University, become the University’s property, and the Vendor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. The University reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful Vendor without expense to the University.
PERFORMANCE AND DEFAULT. The State reserves the right to require a performance bond from the successful bidder, as provided by law, without expense to the State. Otherwise, in case of default of the contractor, the State may contract the service from other sources and hold the contractor responsible for any excess cost occasioned thereby. NONDISCRIMINATION The Nebraska Fair Employment Practice Act prohibits contractors to the State of Nebraska, and their subcontractors, from discrimination against any employee or applicant for employment, to be employed in the performance of such contracts, with respect to hire, tenure, terms, condition or privileges of employment because of race, color, religion, sex, disability, marital status, or national origin. The bidder’s signature to this Proposal is a guarantee of compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this proposal. EXECUTION Drug Policy: Proposals will only be accepted from bidders who have a Drug-Free Workplace policy filed with State of Nebraska, Administrative Services, Materiel Division. Bidders may submit a policy with their proposal if such policy is not on file. The Bidders Proposal form must be signed in ink by the bidder and all pricing quotations must be typewritten or in ink. Erasures and alternations must be initialed by the bidder in ink. Faxed copies of the bid will be accepted only if they fully comply with all other conditions in the Request for Proposal. No telephone or voice proposals will be accepted. Failure to comply with these provisions may result in the rejection of the proposal. DRUG FREE POLICY To: POTENTIAL STATE VENDORS This letter is to inform vendors of the State of Nebraska’s Drug Free Workplace Policy. This policy is a term and condition of bidding and requires any contractor or vendor doing business with the State to provide assurance that they operate a drug free workplace. To be in compliance with the policy, all vendors must submit a written Drug Free Workplace Policy with their bid proposal. Failure to comply with the Drug Free Workplace Policy may preclude vendors from being awarded State business. You may already have a drug/alcohol policy which you may submit with your proposal to meet this condition. An example of an acceptable Drug Free Workplace Policy follows and include...
PERFORMANCE AND DEFAULT. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this Agreement, the CDSA shall thereupon have the right to terminate this Contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this Contract prepared by the Contractor shall, at the option of the CDSA, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the CDSA for damages sustained by the CDSA by virtue of any breach of this agreement, and the CDSA may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the CDSA from such breach can be determined. In case of default by the Contractor, without limiting any other remedies for breach available to it, the CDSA may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The filing of a petition for bankruptcy by the Contractor shall be an act of default under this Contract. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
PERFORMANCE AND DEFAULT. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this Service Agreement, the College shall thereupon have the right to terminate this Service Agreement after giving written notice to the Contractor specifying the defect and providing a reasonable time for the Contractor to cure defect. Upon termination, all finished or unfinished deliverable items under this Service Agreement prepared by the Contractor shall, at the option of the College, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the College for damages sustained by the College by virtue of any default on or breach of this agreement, and the College may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the College from such breach can be determined. In case of default by the Contractor, the College may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strike, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
PERFORMANCE AND DEFAULT. Time is of the essence of this Contract. If Purchaser fails to perform in accordance with this Contract, then at the option of Seller, and upon notice to Purchaser, the xxxxxxx money shall be forfeited by Purchaser as liquidated damages and this Contract shall terminate, or Seller may refuse to accept the xxxxxxx money as liquidated damages and pursue any and all legal remedies that may be available in law or in equity against Purchaser. If Seller defaults in the full and timely performance of any of its obligations hereunder and such breach or default continues for a period of 5 days after Seller’s receipt of written notice from Purchaser, Purchaser may, as its sole and exclusive remedy under this Contract (the parties agreeing that in the event of a default hereunder, actual damages would be impossible to calculate): (i) terminate this Contract by written notice to Seller and upon such notice this Contract shall terminate, the Xxxxxxx Money shall be disbursed to Purchaser and the parties shall have no further obligations hereunder, except those provisions that expressly survive the termination of this Contract; or (ii) seek specific performance of this Contract. Purchaser’s right to specific performance shall terminate unless an action is brought for same within 90 days of the date of Seller’s default. In addition, the non-prevailing party shall pay all reasonable attorney fees and costs incurred by the prevailing party in enforcing the terms of this Contract, or in defending any proceeding to which Purchaser or Seller is made a party as a result of any act or omission of the other party.
PERFORMANCE AND DEFAULT. 16. Termination ..........................................................................................................
PERFORMANCE AND DEFAULT. 15.1 Where any part of the Service is stated in Schedule 8 to be subject to a specific KPI the Provider shall provide the Service in such a manner as will ensure the Achieved KPI in respect of that element of the Services is equal to or higher than the specific Target KPI.
