Default by Consultant. If any material representation made by the Consultant in this Agreement shall prove to be false or misleading in any material respect, or if the Consultant shall default in the timely performance of any of its obligations under this Agreement and such default shall continue for a period of three (3) days after written notice from the Authority specifying the occurrence, omission, or failure giving rise to such default, or if, in the opinion of the Authority, by reason of the nature of such default, such default cannot be cured within such three (3) day period, then if the Consultant shall not within such period commence with due diligence the curing of such default and thereafter prosecute and complete the curing of such default as promptly as possible, the Authority, in addition to any other remedies of claims it may have with respect to such representation or such default, may terminate this Agreement immediately upon oral or written notice to the Consultant. In the event of such termination, the Authority, without waiving any such remedy or claims, will pay the Consultant for services satisfactorily performed prior to the effective date of cancellation. Any reports, drawings, or other documents prepared for the Authority prior to the effective date of such cancellation shall be delivered to the Authority by the Consultant in accordance with Article II of this Agreement.
Default by Consultant. Consultant will be in default under this Contract if:
Default by Consultant. Consultant is in default of this MSA if it fails to cure any non-monetary breach of any material term of this MSA within thirty (30) days of receiving written notice of the breach from Company (“Consultant Default”); provided, however, that Company expressly acknowledges that Service-related failure or degradation in performance is not subject to a claim of a Consultant Default. Company’s sole and exclusive remedy for any failure of Service is limited to the remedies set forth in under the Limited Warranty and Limitation of Liability sections of this Agreement. In the event of a Consultant Default, Company may terminate the Services and this Agreement upon written notice to Consultant. Any termination shall not relieve Company of its obligations to pay all charges incurred hereunder prior to such termination.
Default by Consultant. Failure by CONSULTANT to perform and/or comply with any provision, covenant, or condition of this Agreement shall be a default and material breach of this Agreement. In such event ADMINISTRATOR, in his sole discretion and in addition to immediate termination, as set forth above in Paragraph 18.2, and any other remedies available at law, in equity, or otherwise specified in this Agreement, may elect any of the following:
Default by Consultant. If Consultant fails to expeditiously advance the Work, or performs work that does not comply with the requirements of this Agreement, or fails to perform any task or produce any documents required by this Agreement, or is guilty of any other material breach of the terms of this Agreement, District may
Default by Consultant. If any representation made by Consultant in this Agreement shall prove to be false or misleading in any material respect, or if Consultant shall default in the timely performance of any of its obligations under this Agreement and such default shall continue for a period of three business days after receipt of written notice from LMDC specifying the occurrence, omission or failure giving rise to such default, or if, in the opinion o f LMDC, by reason of the nature of such default, such default cannot be cured within such three -day period, then if Consultant shall not within such period commence with due diligence the curing of such default and thereafter prosecute and complete the cur ing of such default as promptly as possible, except that LMDC shall not be required to give Consultant such written notice and Consultant shall not have such right to cure for Consultant's failure to comply with Section 1.9 hereof, LMDC, in addition to any other remedies or claims it may have with respect to such representation or such default, may terminate this Agreement immediately on verbal or written notice to Consultant. In the event of such termination, LMDC, without waiving any such remedy or claim s (including consequential damages), shall not be required to pay Consultant any portion of the fee specified in this Agreement remaining to be paid for which valid vouchers have not been submitted pursuant to this Agreement on or before the date of LMDC's notice of termination.
Default by Consultant. Consultant shall be in default under this Agreement if: Consultant institutes or has instituted against it insolvency, receivership or bankruptcy proceedings which are not dismissed within 60 days of their commencement, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or Consultant no longer holds a license or certificate that is required for Consultant to perform the Services and Consultant has not obtained such license or certificate within thirty (30) business days after delivery of Agency’s notice or such longer period as Agency may specify in such notice; or Consultant commits any material breach of any covenant, warranty, obligation or certification under this Agreement, fails to perform the Services in conformance with the specifications and warranties provided herein, or clearly manifests an intent not to perform future obligations under this Agreement, and such breach or default is not cured, or such manifestation of an intent not to perform is not corrected by reasonable written assurances of performance within thirty (30) business days after delivery of Agency’s notice or such longer period as Agency may specify in such notice. Default by Agency. Agency shall be in default under this Agreement if: Agency fails to pay Consultant any amount pursuant to the terms of this Agreement, and Agency fails to cure such failure within thirty (30) business days after delivery of Consultant’s notice or such longer period as Consultant may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Agreement, fails to perform its commitments hereunder within the time specified or any extension thereof, and Agency fails to cure such failure within thirty (30) business days after delivery of Consultant’s notice or such longer period as Consultant may specify in such notice.
Default by Consultant. 43 44 If Consultant at any time or in any respect does any of the following:
Default by Consultant. Consultant shall be in default under this Agreement if: Consultant institutes or has instituted against it insolvency, receivership, or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or Consultant no longer holds a license or certificate that is required for Consultant to perform its obligations under the Agreement and Consultant has not obtained such license or certificate within fourteen (14) calendar days after Agency’s notice or such longer period as Agency may specify in such notice; or Consultant commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Consultant's performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within fourteen (14) calendar days after Agency's notice, or such longer period as Agency may specify in such notice.
