Examples of Service Provider Default in a sentence
If the Deliverables (or any relevant part) do not satisfy the Test Success Criteria then: the Service Provider shall rectify the cause of the failure and re-submit the Deliverables (or the relevant part) to Testing, provided that the Parties agree that there is sufficient time for that action prior to the relevant Milestone Date; or the Purchaser may issue a Test Certificate conditional upon the remediation of the Test Issues; or the Parties shall treat the failure as a Service Provider Default.
Upon occurrence of a Service Provider Default or failure to meet any Condition Precedent, the Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate from the Performance Security the amounts due to it for and in respect of such Service Provider Default or for failure to meet any Condition Precedent.
In the event of Termination of the Agreement due to Service Provider Default, the Authority shall forfeit the Performance Security.
Upon occurrence of a Service Provider Default during the Term, the Service Partner (NDMC) shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages/Liquidated Damages for such Service Provider Default.
Upon occurrence of a Service Provider Default, the Senior Lenders shall be entitled to exercise step-in rights in accordance with their Financing Agreements, and upon receipt of a notice from the Senior Lenders in pursuance thereof, the Authority shall withhold Termination for a period not exceeding 180 (one hundred and eighty) days from such occurrence, for enabling the Senior Lenders to exercise such step-in rights.
Upon occurrence of a Service Provider Default or any failure to meet any Condition Precedent by the Service Provider, the Contracting Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages for such Service Provider Default or failure to meet any Condition Precedent.
If the termination is due to a Service Provider Default, no Termination compensation shall be due or payable by the Authority to the Service Provider and the entire Performance Security would be forfeited besides other rights and entitlements of the Authority as mentioned under Article 18 of this Agreement.
Subject to the making of such withholdings, the Service Provider shall be entitled to a further period not exceeding 120 (one hundred and twenty) days for completion of the Snag List items before a Service Provider Default shall occur.
Upon occurrence of a Service Provider Default during the Term, the Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages/Liquidated Damages for such Service Provider Default.
Upon such replenishment or furnishing of a fresh Performance Security, as the case may be, the Service Provider shall be entitled to an additional Cure Period of 60 (sixty) days for remedying the Service Provider Default or for satisfying any Condition Precedent, and in the event of the Service Provider not curing its default within such Cure Period, the Authority shall be entitled to encash and appropriate such Performance Security as Damages, and to terminate this Agreement in accordance with Article 21.