Common use of TERMINATION FOR CAUSE/DEFAULT Clause in Contracts

TERMINATION FOR CAUSE/DEFAULT. Owner agrees and Contractor understands that NCORR through CM, may act on behalf of Owner to enforce Contractor’s performance under this Agreement including action to terminate this Agreement for cause or default to protect Owner’s interest in the Property and the expenditure of federal CDBG-▇▇ ▇▇▇▇▇ funds. Action to terminate the Agreement for cause may arise if the following occur: (1) Contractor is adjudged as bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed because of its insolvency; (2) Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough skilled labor or proper materials; (3) Contractor materially fails pay its subcontractors or suppliers; (4) Contractor persistently performs substandard work, that is, work that materially departs from the approved Construction Documents and/or uses materials not specified in the Construction Documents; (5) Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; (6) Contractor materially violates the Project’s safety protocols and/or federal/state safety standards or rules that resulted in a personal injury, death or significant property damage; (7) Contractor has persistently been found in noncompliance with the Federal Contract Terms and Requirements (Attachment C) in particular CDBG- DR requirements of this Agreement; (8) Contractor has materially and substantially breached the Contract; and (9) Contractor fails to so prosecute the Work as to ensure its completion by the Completion Date as extended by approved change order(s).

TERMINATION FOR CAUSE/DEFAULT. Owner agrees and Contractor understands that NCORR through CM, may act on behalf of Owner to enforce Contractor’s performance under this Agreement including action to terminate this Agreement for cause or default to protect Owner’s interest in the Property and the expenditure of federal CDBG-▇▇ ▇▇▇▇▇ funds. Action to terminate the Agreement for cause may arise if the following occur: (1) Contractor is adjudged as bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed because of its insolvency; (2) Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough skilled labor or proper materials; (3) Contractor materially fails pay its subcontractors or suppliers; (4) Contractor persistently performs substandard work, that is, work that materially departs from the approved Construction Documents and/or uses materials not specified in the Construction Documents; (5) Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; (6) Contractor materially violates the Project’s safety protocols and/or federal/state safety standards or rules that resulted in a personal injury, death or significant property damage; (7) Contractor has persistently been found in noncompliance with the Federal Contract Terms and Requirements (Attachment C) in particular CDBG- DR requirements of this Agreement; (8) Contractor has materially and substantially breached the Contract; and (9) Contractor fails to so prosecute the Work as to ensure insure its completion by the Completion Date as extended by approved change order(s).

TERMINATION FOR CAUSE/DEFAULT. Owner agrees and Contractor understands that NCORR NCEM through CM, may act on behalf of Owner to enforce Contractor’s performance under this Agreement including action to terminate this Agreement for cause or default to protect Owner’s interest in the Property and the expenditure of federal CDBG-▇▇ ▇▇▇▇▇ funds. Action to terminate the Agreement for cause may arise if the following occur: (1) Contractor is adjudged as bankrupt, or if it makes a general assignment for the benefit of its creditors, or if a receiver is appointed because of its insolvency; (2) Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough skilled labor or proper materials; (3) Contractor materially fails pay its subcontractors or suppliers; (4) Contractor persistently performs substandard work, that is, work that materially departs from the approved Construction Documents and/or uses materials not specified in the Construction Documents; (5) Contractor persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; (6) Contractor materially violates the Project’s safety protocols and/or federal/state safety standards or rules that resulted in a personal injury, death or significant property damage; (7) Contractor has persistently been found in noncompliance with the Federal Contract Terms and Requirements (Attachment C) in particular CDBG- DR requirements of this Agreement; (8) Contractor has materially and substantially breached the Contract; and (9) Contractor fails to so prosecute the Work as to ensure insure its completion by the Completion Date as extended by approved change order(s).