Unsatisfactory Performance/Default Sample Clauses
The Unsatisfactory Performance/Default clause defines the consequences and procedures that apply when a party fails to meet its contractual obligations or performs inadequately. Typically, this clause outlines the standards of performance expected, the process for notifying the defaulting party, and any opportunities to remedy the issue within a specified timeframe. Its core function is to provide a clear mechanism for addressing breaches or subpar performance, thereby protecting the interests of the non-defaulting party and ensuring accountability within the contractual relationship.
Unsatisfactory Performance/Default. (A) In accordance with Section 24(i) of the 1937 Act, if the Grantee defaults under this grant agreement, HUD may withdraw any unobligated grant amounts and may pursue other actions as described in this Article. HUD shall redistribute any withdrawn amounts to one or more other applicants eligible for Choice Neighborhoods assistance or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the Transformation Plan of the original Grantee. This section applies to all Grantees regardless of their status as a government, PHA, for-profit, or other entity.
(B) Default. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, may constitute a default by the Grantee under this Grant Agreement, as determined by HUD in its sole discretion:
(1) use of funds provided under this Grant Agreement for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement;
(2) failure to comply with the Choice Neighborhoods Requirements or any other Federal, State, or local laws, regulations or requirements applicable in creating the Transformation Plan;
(3) failure to make any submission under Article III, perform any obligation, or otherwise fail to proceed in a manner consistent with the Transformation Plan, (including, without limitation, failure to accomplish an activity by the date specified in the Program Schedule);
(4) any material misrepresentation in any of the required submissions, including, without limit, any misrepresentations in any of the submissions required by Article III(B); or
(5) failure to comply with, or any material breach of, any other requirements, conditions or terms of this Grant Agreement.
(C) Notice of Default and Action(s) to Cure.
Unsatisfactory Performance/Default. (a) The Grantee acknowledges and agrees that HUD may impose special conditions or restrictions upon the Grantee in accordance with this paragraph 1, with which the Grantee will comply, in order to ensure that all activities and expenditures of grant funds under the Revitalization Plan are properly and efficiently carried out. HUD may impose such conditions or restrictions if HUD determines that the performance of the Grantee, or any subgrantee, under this Grant Agreement is unsatisfactory (whether or not the Grantee is in default in accordance with paragraph 2 below).
(b) The special conditions or restrictions which HUD may impose include the following:
(i) withholding authority to proceed to the next phase of activities until receipt of evidence of acceptable performance within a given funding period;
(ii) requiring additional, more detailed financial reports;
(iii) additional project monitoring;
(iv) requiring the Grantee (or subgrantee) to obtain technical or management assistance; or
(v) establishing additional prior approvals.
(c) If HUD decides to impose any such conditions or restrictions upon the Grantee (or subgrantee), HUD will notify the Grantee (or subgrantee) in writing, as early as possible. Such notice will contain the following information:
(i) a description of the special conditions or restrictions;
(ii) the nature of the unsatisfactory performance and the reason for imposing such special conditions or restrictions;
(iii) the corrective actions which must be taken before the conditions or restrictions will be removed, and the time allowed for completing the corrective actions; and
(iv) the method for requesting reconsideration of the conditions or restrictions imposed.
2. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, will constitute a default by the Grantee under this Grant Agreement:
(a) use of grant funds for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement;
(b) failure to comply with the HOPE VI Requirements or any other Federal, State or local laws, regulations or requirements applicable in implementing the Revitalization Plan;
(c) failure to make any submission, perform any obligation or otherwise comply with any requirement under Article II, paragraph 3 within the specified time period;
(d) failure to proceed in a manner consistent with the Revitalization Plan (including, without limitation, failure to accomplish an activity by the...
Unsatisfactory Performance/Default. A. In accordance with Section 24(i) of the 1937 Act and 24 CFR part 84 or part 85, as applicable, if the Grantee defaults under this grant agreement, HUD may withdraw any unobligated grant amounts and may pursue other actions as described in this Article. HUD shall redistribute any withdrawn amounts to one or more other applicants eligible for Choice Neighborhoods assistance or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the Transformation Plan of the original Grantee. This section applies to all Grantees regardless of their status as a government, PHA, for-profit, or other entity.
Unsatisfactory Performance/Default