D efault. In the event any equipment or service furnished by CONTRACTOR in the performance of AGREEMENT should fail to conform to the specifications therein within one (1) calendar year from acceptance of the equipment or service, or any performance period specifically specified within the specifications or AGREEMENT, whichever is greater, COUNTY may reject same, and it shall become the duty of CONTRACTOR to reclaim and remove the items without expense to COUNTY and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should CONTRACTOR fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, COUNTY shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to CONTRACTOR the difference between the price specified in AGREEMENT and the actual cost to the COUNTY. In the event CONTRACTOR shall fail to make prompt delivery as specified of any equipment or service, the same conditions as to the rights of COUNTY to purchase on the open market and to reimbursement set forth above shall apply, except as otherwise provided in AGREEMENT. r damage sustained by COUNTY in procuring any equipment or service which CONTRACTOR agreed to supply under AGREEMENT but, by reason of the default or breach by CONTRACTOR, failed to supply, shall he borne and paid for by CONTRACTOR. Default shall include failure to carry out any of the requirements of AGREEMENT, including, but not limited to not providing enough properly skilled workers or proper materials, persistently disregarding laws and or ordinances, not proceeding with the work as agreed to herein, or otherwise substantially violating any provision of AGREEMENT."
D efault. If the Licensee fails to pay when due any License Fee or portion thereof, or any finance charge thereon, under this License Agreement, or otherwise defaults in the performance of any of the Licensee’s duties and obligations under this License Agreement, then the PSL Agent may, at its option, after providing written notice to the Licensee and a ten (10) day opportunity to cure (if such default is curable):
D efault. If Purchaser breaches any term or condition hereof, Seller may, in addition to exercising any other right it has hereunder or under State law, accelerate all sums due to Seller under the terms hereof, and/or terminate the contract and discontinue Seller’s performance hereunder, seeking recovery of the damages it suffers as the result of such breach, both direct and consequential. If Seller retains legal counsel to enforce any term, condition or covenant herein, or to recover damages from Purchaser arising from Purchaser’s alleged breach of any such term, condition or covenant, or if Purchaser commences suit against Seller for any alleged breach of this contract and is not successful in such action, then Purchaser shall pay Seller’s reasonable attorney’s fees together with cost of suit at both trial and appellate levels.
D efault. The occurrence of any of the following shall constitute an event of default of Escrow Agent hereunder:
D efault. In the event Owner fails to comply with any of the provisions of this Agreement within sixty (60) business days after Owner’s receipt of written notice thereof from County, County shall have the following remedies in addition to County’s other rights and remedies, at law or in equity:
D efault. In the event LESSEE shall file or have filed against it a petition under the Bankruptcy Act, or shall make as assignment for the benefit of creditors, become insolvent, or fail to fully and faithfully comply with the terms and provisions hereof, then in such event, LESSEE shall be deemed to be in default of this AGREEMENT, and in the event LESSEE shall fail to cure such default within thirty (30) days after written notice shall have been given to them by IFRA in a manner provided here in below, IFRA may elect to terminate this AGREEMENT or alternately or in addition thereto, IFRA may pursue any other remedies at law or in equity to enforce the performance of this AGREEMENT or to recover damages for the breach thereof. Such notice shall generally set forth the nature of the default claimed by LESSOR.
D efault. A Party shall be deemed to be in default of this Agreement if it fails to perform any of its respective obligations required by this Agreement in the timeframe provided for its performance.
D efault. In the event any equipment or service furnished by CONTRACTOR in the performance of AGREEMENT should fail to conform to the specifications therein within one (1) calendar year specified within the specifications or AGREEMENT, whichever is greater, COUNTY may reject same, and it shall become the duty of CONTRACTOR to reclaim and remove the items without expense to COUNTY and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should CONTRACTOR fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, COUNTY shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to CONTRACTOR the difference between the price specified in AGREEMENT and the actual cost to the COUNTY. In the event CONTRACTOR shall fail to make prompt delivery as specified of any equipment or service, the same conditions as to the rights of COUNTY to purchase on the open market and to reimbursement set forth above shall apply, except as otherwise provided in AGREEMENT. CONTRACTOR agreed to supply under AGREEMENT but, by reason of the default or breach by CONTRACTOR, failed to supply, shall he borne and paid for by CONTRACTOR. Default shall include failure to carry out any of the requirements of AGREEMENT, including, but not limited to not providing enough properly skilled workers or proper materials, persistently disregarding laws and or ordinances, not proceeding with the work as agreed to herein, or otherwise substantially violating any provision of AGREEMENT." 44. C onflict of Interest Contractor Personnel CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of COUNTY. This obligation shall apply to nd relatives; sub-tier contractors; and efforts shall include, but not be limited to establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of COUNTY.
D efault. Seller shall be in breach or default if: (a) Seller is in violation of any of the terms of this Purchase Order including, but not limited to, Seller’s breach of its warranties, covenants, obligations or promises hereunder; (b) Seller refuses or fails to provide sufficient and properly skilled workers, adequate supervision or material of the proper quality; (c) Seller is insolvent or unable to meet its obligations as they become due; (d) a voluntary or involuntary petition of bankruptcy is filed by or against Seller, and such proceeding is not dismissed within 30 days after the date of filing; (e) creditors or stockholders or equity owners of Seller institute any legal proceedings against Seller; (f) a court of competent jurisdiction appoints a receiver for Seller; or (g) any representation made by the Seller to Buyer pursuant to this Purchase Order is false or misleading. Upon the happening of any one or more of the above enumerated events, Buyer shall forthwith have the unrestricted right to cancel, in part, or terminate this Purchase Order without cost or liability on the part of Buyer to Seller. The acceptance of Goods or performance of Services after the occurrence of any of the events above enumerated shall not affect the right of the Buyer to cancel its additional obligations.
D efault. A. It shall be an event of default if DEVELOPER fails to comply with any substantive requirement of this Agreement as enumerated below. If DEVELOPER is in default in the performance of this Agreement, the CITY shall allow DEVELOPER to cure the default as provided below. Subject to Force Majeure in Section 5.02 below, default by DEVELOPER occurs if: (I) DEVELOPER fails to comply with any of the Performance Criteria; (2) DEVELOPER fails to perform any of its substantive duties under this Agreement; (3) DEVELOPER becomes insolvent; (4) all or a substantial part of DEVELOPER'S assets are assigned for the benefit of its creditors; or (5) a receiver or trustee is appointed for DEVELOPER (6) DEVELOPER becomes delinquent in taxes owed to C ITY for any of the Project which DEVELOPER owns. If a default occurs, the C ITY shall deliver at least a sixty (60) day written notice ("Default Notice") to DEVELOPER describing the default and the date (such date to be no earlier than sixty (60) days after the date of such notice) by which the DEVELOPER must substantially cure the default ("Cure Date"). The CITY, at its sole option, may extend the Cure Date to x x xxxx date(s) if the DEVELOPER does not substantially cure the default by such Cure Date. Ifthe DEVELOPER substantially cures the default by the Cure Date or a later date as authorized by the CITY, this Agreement (and the obligations hereunder) shall remain in effect. Notwithstanding the foregoing, in no event shall the DEVELOPER be considered in default ifthe default cannot be cured by reasonably diligent efforts within sixty (60) days after notice from the CITY, and in such a case, the DEVELOPER shall not be in default so long as the DEVELOPER promptly initiates and diligently and continuously attempts to cure the same, even if the same is not cured within said sixty (60) day period.
