Termination for Contractor's Failure to Perform. If Contractor is in material default of any provision of this Agreement with respect to a Facility, and fails to fully cure the same within thirty (30) days after receipt of written notice thereof from Company (or such longer period not to exceed ninety (90) days as may be reasonably required to cure the same, provided Contractor has commenced cure of such default within thirty (30) days after receipt of such written notice and diligently pursues such cure to completion), Company may, without prejudice to any other right or remedy, terminate this Agreement as to the affected Facility by written notice to Contractor. 12.3
Termination for Contractor's Failure to Perform. If Contractor refuses or fails, except in cases for which an extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or it fails to meet the Construction Schedule, or if it fails to make prompt payment of undisputed invoices due to Contractor's Subcontractors or for materials or labor, or otherwise repudiates or is in default with respect to any of its obligations to any Contractor's Subcontractor, or otherwise is guilty of a material violation of a provision of this Agreement or fails to correct or commence correction of any defective Work during performance of the Work of which it is advised by Company or any Company’s Representative within five (5) Days of receipt of notice, or if Contractor is cited for failure or failures to observe the Occupational Safety and Health Act of 1970, as amended, and the regulations issued thereunder, which citations and failure in the judgement of Company will adversely affect the proper and timely completion of the Work or the necessary operations and work of Company or for the breach of paragraphs 22 or 25 of Part II of this Agreement, Company may, without prejudice to any right or remedy and after giving Contractor one (1) Business Day's notice thereof, terminate this Agreement.
Termination for Contractor's Failure to Perform. 34 16.1.3 Owner’s Rights 34 16.1.4 General Obligations 35 16.1.5 Payment Obligations 35 16.2 Optional Cancellation by Owner 36 16.2.1 Rights 36 16.2.2 Remedies 36 16.3 Termination by Contractor 37
Termination for Contractor's Failure to Perform. In the event Contractor (i) fails, neglects, refuses or is unable at any time during the course of the performance of the Work to provide sufficient material, equipment, services, or labor to timely perform the Work, (ii) fails to make prompt payment of undisputed invoices due to Subcontractors for materials or labor, or otherwise repudiates or is in default with respect to any of its obligations to any Subcontractor, (iii) disregards or breaches any Laws, (iv) is in breach of any representation or warranty furnished hereunder or in any certificate or notice to Owner, (v) fails to correct any defective Work during performance of the Work or within the Primary Warranty Period of which it is advised by Owner or any representative of Owner, or (vi) otherwise is in default of a material obligation of this Agreement, and, if Contractor fails to correct such condition within fifteen (15) Days thereof, or with respect to non-monetary defaults, to diligently commence best efforts to correct such condition within fifteen (15) Days thereof and to complete the correction of such condition within thirty (30) Days (or such longer period as Owner, in its sole judgment, may permit), Owner may, without prejudice to any other right or remedy Owner may have and after giving Contractor seven (7) Days' notice thereof, terminate this Agreement.
Termination for Contractor's Failure to Perform. If Contractor refuses or fails except in cases for which extension of time is provided by Owner, to perform in accordance with this Contract including, but not limited to, under Article 5.2.3 (relating to achieving milestones in the applicable Critical Dates) or as a result of a breach of any of any other of Contractor's covenants, agreements, representations and warranties, then, if Contractor fails to correct such condition within fifteen (15) Days after written notice of such condition from Owner, or if not capable of being corrected within such fifteen (15) Day period, to commence to correct such condition within such fifteen (15) Days after receipt of notice of such condition from Owner and to thereafter diligently prosecute such corrective action to completion (in a time period not to exceed ninety (90) Days) in a manner satisfactory to Owner in its sole discretion, Owner may, at its option, without prejudice to any other right or remedy under this Contract, terminate Contractor's employment and this Contract.
Termination for Contractor's Failure to Perform
