Common use of Termination by Owner for Contractor's Event of Default Clause in Contracts

Termination by Owner for Contractor's Event of Default. 37.1.1 Each of the following events, unless occurring solely as a result of breach by the Owner of its obligations under this Contract or a Force Majeure event, shall constitute an event of default and the Owner may terminate this Contract by giving 30 (thirty) days written notice of termination to the Contractor other than in case of Clause 37.1.1.3 where the Owner may terminate this Contract by giving 7 (seven) days written notice ("Contractor's Event of Default"): 37.1.1.1 Contractor refuses or neglects to comply with any reasonable order given to it in writing by the Owner in connection with the Services to be provided under this Contract; 37.1.1.2 Abandonment of the Services by the Contractor; 37.1.1.3 Contractor indulging in Corrupt Practices or Coercive Practices or Fraudulent Practices or Obstructive Practices during the signing of this Contract or during the Term in the opinion of the Owner; 37.1.1.4 Any Bankruptcy Event or insolvency of the Contractor; provided, that in the case of involuntary bankruptcy proceedings, the Contractor shall have 60 (sixty) days cure period after the commencement of such proceedings to stay or lift such proceedings; 37.1.1.5 Transfer or charge by the Contractor of any of its rights or obligations under this Contract without prior written consent of the Owner; 37.1.1.6 Any act or omission by the Contractor such that the Owner is or is likely to be or become in breach of any of its obligations under this Contract or constitutes or is likely to give rise to a Owner's event of default as mentioned under Clause 37.2; 37.1.1.7 Contractor ceases to carry on its business; 37.1.1.8 Failure of the Contractor to comply with an Arbitral Award within 30 (thirty) days of the Arbitral Award or within such time as prescribed under such award, whichever is earlier; 37.1.1.9 Contractor has incurred or is liable for penalty in excess of the amount set out in Clause 6.1.1; 37.1.1.10 Failure by the Contractor to perform any obligation under this Contract with due diligence and expedition including any breach of Applicable Laws and such failure continues after written notice is provided to the Contractor by the Owner; provided, that the Contractor shall have up to fifteen (15) days after such notice is given to cure such default or to diligently commence and continue in good faith to cure such default prior to any such termination (provided that in no Contract for MHU Page 34 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT

Appears in 1 contract

Samples: otpcindia.in

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Termination by Owner for Contractor's Event of Default. 37.1.1 Each of the following events, unless occurring solely as a result of breach by the Owner of its obligations under this Contract or a Force Majeure event, shall constitute an event of default and the Owner may terminate this Contract by giving 30 (thirty) days written notice of termination to the Contractor other than in case of Clause 37.1.1.3 43.1.1.5 where the Owner may terminate this Contract by giving 7 (seven) days written notice ("Contractor's Event of Default"): 37.1.1.1 Contractor refuses or neglects to comply with any reasonable order given to it in writing by the Owner in connection with the Services to be provided under this Contract; 37.1.1.2 Abandonment of the Services by the Contractor; 37.1.1.3 Contractor indulging in Corrupt Practices or Coercive Practices or Fraudulent Practices or Obstructive Practices during the signing of this Contract or during the Term in the opinion of the Owner; 37.1.1.4 Any Bankruptcy Event or insolvency of the Contractor; provided, that in the case of involuntary bankruptcy proceedings, the Contractor shall have 60 (sixty) days cure period after the commencement of such proceedings to stay or lift such proceedings; 37.1.1.5 Transfer or charge by the Contractor of any of its rights or obligations under this Contract without prior written consent of the Owner; 37.1.1.6 Any act or omission by the Contractor such that the Owner is or is likely to be or become in breach of any of its obligations under this Contract or constitutes or is likely to give rise to a Owner's event of default as mentioned under Clause 37.243.2; 37.1.1.7 Contractor ceases to carry on its business; 37.1.1.8 Failure of the Contractor to comply with an Arbitral Award within 30 (thirty) days of the Arbitral Award or within such time as prescribed under such award, whichever is earlier; 37.1.1.9 Contractor has incurred or is liable for penalty in excess of the amount set out in Clause 6.1.1; 37.1.1.10 Failure by the Contractor to perform any obligation under this Contract with due diligence and expedition including any breach of Applicable Laws and such failure continues after written notice is provided to the Contractor by the Owner; provided, that the Contractor shall have up to fifteen (15) days after such notice is given to cure such default or to diligently commence and continue in good faith to cure such default prior to any such termination (provided that in no Contract for MHU Horticulture Maintenance and Landscaping Page 34 35 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT

Appears in 1 contract

Samples: At Palatana Power

Termination by Owner for Contractor's Event of Default. 37.1.1 41.1.1 Each of the following events, unless occurring solely as a result of breach by the Owner of its obligations under this Contract or a Force Majeure event, shall constitute an event of default and the Owner may terminate this Contract by giving 30 (thirty) days written notice of termination to the Contractor other than in case of Clause 37.1.1.3 41.1.1.3 where the Owner may terminate this Contract by giving 7 (seven) days written notice ("Contractor's Event of Default"): 37.1.1.1 41.1.1.1 Contractor refuses or neglects to comply with any reasonable order given to it in writing by the Owner in connection with the Services to be provided under this Contract; 37.1.1.2 41.1.1.2 Abandonment of the Services by the Contractor; 37.1.1.3 41.1.1.3 Contractor indulging in Corrupt Practices or Coercive Practices or Fraudulent Practices or Obstructive Practices during the signing of this Contract or during the Term in the opinion of the Owner; 37.1.1.4 41.1.1.4 Any Bankruptcy Event or insolvency of the Contractor; provided, that in the case of involuntary bankruptcy proceedings, the Contractor shall have 60 (sixty) days cure period after the commencement of such proceedings to stay or lift such proceedings; 37.1.1.5 41.1.1.5 Transfer or charge by the Contractor of any of its rights or obligations under this Contract without prior written consent of the Owner; 37.1.1.6 41.1.1.6 Any act or omission by the Contractor such that the Owner is or is likely to be or become in breach of any of its obligations under this Contract or constitutes or is likely to give rise to a Owner's event of default as mentioned under Clause 37.241.2; 37.1.1.7 41.1.1.7 Contractor ceases to carry on its business; 37.1.1.8 41.1.1.8 Failure of the Contractor to comply with an Arbitral Award within 30 (thirty) days of the Arbitral Award or within such time as prescribed under such award, whichever is earlier; 37.1.1.9 41.1.1.9 Contractor has incurred or is liable for penalty in excess of the amount set out in Clause 6.1.1; 37.1.1.10 (6.1.1. reference is wrong) 41.1.1.10 Failure by the Contractor to perform any obligation under this Contract with due diligence and expedition including any breach of Applicable Laws and such failure continues after written notice is provided to the Contractor by the Owner; provided, that the Contractor shall have up to fifteen (15) days after such notice is given to cure such default or to diligently commence and continue in good faith to cure such default prior to any such termination (provided that in no Contract for MHU Facility Management Service Page 34 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT44 OTPC TOWNSHIP, KHILPARA, GOMATI DISTRICT, TRIPURA

Appears in 1 contract

Samples: www.otpcindia.in

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Termination by Owner for Contractor's Event of Default. 37.1.1 Each of the following events, unless occurring solely as a result of breach by the Owner of its obligations under this Contract or a Force Majeure event, shall constitute an event of default and the Owner may terminate this Contract by giving 30 (thirty) days written notice of termination to the Contractor other than in case of Clause 37.1.1.3 where the Owner may terminate this Contract by giving 7 (seven) days written notice ("Contractor's Event of Default"): 37.1.1.1 Contractor refuses or neglects to comply with any reasonable order given to it in writing by the Owner in connection with the Services to be provided under this Contract; 37.1.1.2 Abandonment of the Services by the Contractor; 37.1.1.3 Contractor indulging in Corrupt Practices or Coercive Practices or Fraudulent Practices or Obstructive Practices during the signing of this Contract or during the Term in the opinion of the Owner; 37.1.1.4 Any Bankruptcy Event or insolvency of the Contractor; provided, that in the case of involuntary bankruptcy proceedings, the Contractor shall have 60 (sixty) days cure period after the commencement of such proceedings to stay or lift such proceedings; 37.1.1.5 Transfer or charge by the Contractor of any of its rights or obligations under this Contract without prior written consent of the Owner; 37.1.1.6 Any act or omission by the Contractor such that the Owner is or is likely to be or become in breach of any of its obligations under this Contract or constitutes or is likely to give rise to a Owner's event of default as mentioned under Clause 37.2; 37.1.1.7 Contractor ceases to carry on its business; 37.1.1.8 Failure of the Contractor to comply with an Arbitral Award within 30 (thirty) days of the Arbitral Award or within such time as prescribed under such award, whichever is earlier; 37.1.1.9 Contractor has incurred or is liable for penalty in excess of the amount set out in Clause 6.1.1; 37.1.1.10 Failure by the Contractor to perform any obligation under this Contract with due diligence and expedition including any breach of Applicable Laws and such failure continues after written notice is provided to the Contractor by the Owner; provided, that the Contractor shall have up to fifteen (15) days after such notice is given to cure such default or to diligently commence and continue in good faith to cure such default prior to any such termination (provided that in no Contract for MHU Page 34 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANTevent shall such cure period exceed sixty (60) days including the fifteen (15) days of notice period); or 37.2 Termination due to Force Majeure Events

Appears in 1 contract

Samples: otpcindia.in

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