Common use of Suspension or Termination for Cause Clause in Contracts

Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days written notice to Consultant suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may, in its sole discretion, authorize. Consultant shall also be deemed in default if: (i) it fails to make reasonable progress as defined by NYSDOT on the Project in accordance with this Agreement; or (ii) the software provided under the contract does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iii) other material violation of this Agreement that significantly endangers substantial performance of the Project.

Appears in 3 contracts

Samples: www.dot.ny.gov, www.dot.ny.gov, www.dot.ny.gov

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Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days days' written notice to Consultant Consultant, suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder, including those instances enumerated in the Escrow Agreement, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may, in its sole discretion, may authorize. Consultant shall also be deemed in default if: (i1) it fails to make reasonable progress as defined by NYSDOT on the HOOCS Services Project in accordance with this Agreement; or (ii2) the software provided under the contract HOOCS System does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iiior 3) other material violation of this Agreement that significantly endangers substantial performance of the Project.

Appears in 2 contracts

Samples: www.dot.ny.gov, www.dot.ny.gov

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Suspension or Termination for Cause. NYSDOT may for cause and, unless in NYSDOT's judgment the public interest requires earlier action, upon not less than seven (7) days days' written notice to Consultant Consultant, suspend Consultant's performance under this Agreement or terminate this Agreement if Consultant breaches or is in default of any obligation hereunder, including those instances enumerated in the Escrow Agreement, which default is incapable of cure or which, being capable of cure, has not been cured within twenty (20) days after receipt of notice of such default from NYSDOT or within such additional cure period as NYSDOT may, in its sole discretion, may authorize. Consultant shall also be deemed in default if: (i1) it fails to make reasonable progress as defined by NYSDOT on the CSMIN Services Project in accordance with this Agreement; or (ii2) the software provided under the contract CSMIN System does not perform in accordance with the requirements of this Agreement, notwithstanding Consultant’s remedial or maintenance efforts; or, (iiior 3) other material violation of this Agreement that significantly endangers substantial performance of the Project.

Appears in 2 contracts

Samples: www.dot.ny.gov, www.dot.ny.gov

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