Contractor Defaults Clause Samples
Contractor Defaults. Contractor shall be in default (“Default”) under this Agreement if Contractor shall:
(a) chronically fail to provide the Canadian NPAC/SMS at one or more of the “Service Affecting” Service Levels, which failure is evidenced by recurring events of the same or similar nature that are indicative of a systemic problem and which either have been unaffected by Contractor’s repeated cure efforts, if any, or are reasonably unlikely to be cured with Contractor’s diligent efforts over a reasonable period, which in any event shall be no less than 30 days; or [Amended]
(b) fail to perform any of its other material obligations, i.e., material breach, under this Agreement (including the obligations referred to in Section 21.3, but excluding the obligations referred to in Section 16.5(a) above) and such failure continues for a period of 30 days following receipt of written notice of such failure from Customer; provided, however, that where such failure (other than with respect to a payment obligation) cannot reasonably be cured within such 30 day period, so long as Contractor is diligently pursuing such cure, the time for curing such failure shall be extended for such period as may be necessary for Contractor to complete such cure. Upon any Default hereunder by Contractor, Customer may, subject to Articles 19 and 26 hereof, pursue any legal remedies it may have under applicable law or principles of equity.
Contractor Defaults. Any of the following events shall be deemed a default by Contractor hereunder:
(a) Failure by Contractor to pay any undisputed amounts or charges required to be paid by it under this Agreement within thirty (30) days after receipt of written notice by Contractor that the same was not paid when due;
(b) Failure to maintain insurance as required hereunder, which failure continues for five (5) business days after Contractor’s receipt of written notice by ACTA;
(c) Failure to perform any other non-monetary obligation of Contractor or Subcontractor hereunder within thirty (30) days of receipt of written notice by ACTA; provided, that if Contractor or Subcontractor commences to cure such failure but such failure cannot be cured within such 30 day period despite diligent pursuit of such cure, Contractor shall be entitled an extension of the period of time necessary to cure such default if Contractor continues to diligently pursue such cure and shall not be deemed in default;
(d) Commencement of an insolvency, bankruptcy or other similar proceeding by or against Contractor which proceeding is not dismissed within 90 days after commencement thereof;
(e) The making of a general assignment for the benefit of creditors of Contractor; and
(f) Violation by Contractor or Subcontractor of any collective bargaining or other labor agreement to which Contractor or Subcontractor is a party, which violation gives rise to a legal work stoppage, strike or other form of labor slowdown that disrupts rail operations on the Rail Corridor.
Contractor Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Contractor hereunder (each a “Contractor Event of Default”):
13.1.1 Contractor, the surety (if any), or any Guarantor makes a general assignment for the benefit of its creditors, is unable to pay its debts as they become due, or becomes the subject of any voluntary or involuntary bankruptcy, insolvency, arrangement, reorganization or other debtor relief proceeding under any Applicable Laws, now in existence or hereafter becoming effective, and, in the case of any such involuntary proceeding, that is not dismissed or stayed within forty-five (45) Days after it is commenced;
13.1.2 Contractor fails, for any reason, to make prompt payments required to be made by Contractor to Owner that is not otherwise in dispute or, other than due to a failure of Owner to make payments to Contractor when obligated and in accordance with this Agreement, any Subcontractor, which failure continues for thirty (30) Days after notice of such non-payment;
13.1.3 there is a default under the Guaranty;
13.1.4 Contractor (or any other Seller) is in material default of the Asset Purchase Agreement and such default continues beyond the applicable cure period provided by the Asset Purchase Agreement;
13.1.5 Contractor is in material default of the Turbine Supply Agreement or the Prime Subcontract and such default continues beyond the applicable cure period provided by the Turbine Supply Agreement or the Prime Subcontract, as applicable;
Contractor Defaults. Contractor shall be in default under this Contract if:
8.1.1 Contractor makes a general assignment for the benefit of its creditors, a receiver is appointed on account of the insolvency of Contractor, Contractor files a petition seeking to take advantage of any law relating to bankruptcy, insolvency, reorganization, winding-up or composition of or readjustment of debts, or Contractor is otherwise declared bankrupt or insolvent.
8.1.2 Contractor engages in any practice in violation of the provisions of Section 12, whether in bidding for or in performing its obligations under this Contract.
8.1.3 Contractor abandons the Work or fails to promptly comply with any instruction of CRS given in compliance with this Contract.
8.1.4 Contractor fails to obtain and maintain any advance payment security or performance security required hereunder.
8.1.5 Contractor fails to obtain and maintain any insurance required hereunder.
8.1.6 The liability of Contractor for delay damages reaches or exceeds the limitation set forth in Section 3.5.
8.1.7 Contractor fails to comply with any other provision of this Contract and fails to cure or remedy such failure within [30] calendar days after Contractor knows of such failure or notice is received from CRS instructing Contractor to cure or remedy such failure.
Contractor Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Contractor hereunder (“Contractor Event of Default”):
Contractor Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Contractor hereunder (a “Contractor Event of Default”): Conf
(a) Contractor fails, for any reason, other than as a result of the failure of Owner to make payments of amounts to Contractor under this Agreement that are not the subject of a good faith dispute, to make prompt payments required to be made by Contractor to any Subcontractor or Supplier of amounts not in dispute, which failure continues for thirty (30) days after receipt of written notice from such Subcontractor or Supplier of such non-payment;
(b) Any representation or warranty of Contractor proves to be false or misleading when made unless (i) the fact, circumstance or condition that is the subject of such representation or warranty is made true within thirty (30) days after Owner has given notice thereof to Contractor; provided, however, that if the fact, circumstance or condition that is the subject of such representation or warranty can be corrected but not within such thirty (30) day period and if Contractor within such period of thirty (30) days commences, and thereafter diligently proceeds, to correct the fact, circumstance or condition that is the subject of such representation or warranty, such period shall be extended for such further period as shall be necessary for Contractor to diligently correct the same within sixty (60) days unless a longer period is agreed to by the non- breaching Party, and (ii) such cure removes any adverse effect on Owner of such fact, circumstance or condition being otherwise than as first represented, or such fact, circumstance or condition being otherwise than as first represented demonstrably does not adversely affect Owner;
(c) A Bankruptcy Event of Default occurs with respect to Contractor;
(d) Contractor fails to maintain the Contractor Insurance coverages required by Article 11 and Contractor fails to remedy such breach within ten (10) Business Days after the date on which Contractor first receives a notice from Owner with respect thereto;
(e) Contractor abandons the Work for a period of fifteen (15) consecutive days or thirty (30) non-consecutive days or fails to make commercially reasonable progress of the Work in accordance with the Project Schedule, and fails to resume the Work within ten (10) days following the date of receipt of written notification thereof by Owner;
(f) Contractor fails, for any reason, to make payments when due that are required ...
Contractor Defaults. (a) If the Contractor fails to provide or satisfactorily perform any of the material conditions of this Contract within the time requirements specified in this Contract or within any granted extension of those time requirements; or
(b) If any material state, county, city or Federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by the Contractor to provide the Scope of Work required by this Contract is denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or
(c) If the Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or
(d) If it is found by the Cities that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the Cities or the State of Nevada with a view toward securing a contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such Contract; or
(e) If it is determined by the Cities that the Contractor has failed to disclose a material conflict of interest relative to the performance of this Contract.
(f) If the Contractor defaults in any payment or any other obligation to the Cities under this Contract.
Contractor Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Contractor hereunder (a “Contractor Event of Default”):
(a) Contractor fails, for any reason, other than as a result of the failure of Owner to make payments of amounts to Contractor under this Agreement that are not the subject of a good faith dispute, to make prompt payments required to be made by Contractor to any Subcontractor or Supplier of amounts not in dispute, which failure continues for thirty
Contractor Defaults. Contractor shall use best efforts to resolve all disputes arising from its participation in the Program within five (5) business days of notification of the dispute. A dispute is defined in the broadest sense and includes any concern raised by a Customer, whether in writing or verbally, or an unresolved deficiency identified by CNT, any Customer or any Program Partner. Deficiencies mean any failure by Contractor to comply with the terms of this Agreement, the RFQ, the Program Application, the Contract or the Customer Contract. CNT shall have the option to take any disciplinary action including those specified below, or to pursue any remedy at law or in equity. In the event a deficiency is identified by CNT, any Customer or any Program Partner:
A. Contractor may be immediately suspended from the Program. Once suspended, Contractor will not be allowed to participate in the Program and, if determined by CNT, will work with CNT to transition any current Program work to another participating contractor. While suspended from the Program, Contractor will not be referred to Customers.
B. During any period of suspension, Contractor will diligently work with CNT in good faith to promptly resolve the deficiency leading to suspension, which will include remaining in close communication with CNT, providing all requested information, taking commercially reasonable corrective actions and working with CNT to successfully complete any action plan developed by CNT to improve Contractor’s performance. Any such action plan may include, but is not limited to, participating in training seminars, field training, and/or classroom sessions. All corrective actions will be at Contractor’s sole cost.
C. CNT may immediately terminate this Agreement upon notice to Contractor at which time Contractor’s participation in the Program will immediately cease. Though CNT typically only terminates participating contractors in the event a significant discrepancy or a pattern of discrepancies, CNT reserves the right to terminate this