Contractor Event of Default Sample Clauses

Contractor Event of Default. Any non-performance by the Contractor, which is not cured within at least 30 days after receipt of written notice thereof by the State, may constitute a default. At the State’s exclusive discretion, the period afforded for cure may be extended so long as Contractor institutes satisfactory performance and thereafter diligently and continuously pursues satisfactory performance.

Contractor Event of Default. (a) Owners may declare a Contractor Event of Default upon written notice to Contractor of the occurrence of any of the following (each a “Contractor Event of Default”): (i) Contractor is in breach of a material provision of this Agreement (other than the matters addressed in the other subsections of this Section 22.2(a)) and fails to cure the breach within [***] following written notice of such breach or, if such breach is not capable of being cured within such [***] period, such longer 105 period as is reasonably necessary but in no event longer than [***] following written notice of such breach so long as Contractor has commenced the cure within such [***] period and thereafter diligently pursues the cure; (ii) Owners notify Contractor in writing that Contractor has abandoned the Work, and within [***] after Contractor’s receipt of such written notice, Contractor has failed to (A) resume diligent performance of the Work consistent with the Project Schedule or (B) provide reasonable assurances that Contractor has not abandoned the Work; (iii) Achievement of any of the Critical Milestones for a Unit is delayed by more than [***] past the date for such Critical Milestone as set forth in Exhibit E-2, as a result, in whole or in part, of any defect or failure in the Work or any other actions or omissions of Contractor or Contractor’s Personnel, and Contractor is not exercising due diligence to correct same; provided that Owners shall not have the right to terminate for failure to meet the Guaranteed Substantial Completion Date for a Unit in the event of the Long Lead Material Exception; (iv) Contractor fails to (A) submit a Recovery Plan as required under Section 3.4(d) or fails to begin implementation of the Recovery Plan and does not cure such failure within [***] following written notice of such failure, or (B) use commercially reasonable efforts to adhere to the Recovery Plan until such Recovery Plan is completed; provided that there shall be no Contractor Event of Default if the Recovery Plan is required due to Uncontrollable Circumstances or as a result of a breach of this Agreement by Owners or delay caused by Owners or their Personnel; (v) Contractor’s liability reaches the Maximum Liability Amount or Contractor has reached [***]; (vi) Either Consortium Member is Insolvent unless the other Consortium Member has provided security for performance of the Insolvent Consortium Member’s obligations reasonably satisfactory to Owners; (vii) [***] (viii) Contr...

Contractor Event of Default. The term “Contractor Event of Default” shall have the meaning set forth in Section 20.1.

Contractor Event of Default. SPSA shall, in accordance with the provisions of this Agreement, have the right to terminate this Agreement for a Contractor Event of Default. Should such a Contractor Event of Default occur, SPSA shall have the right to: (a) subject to Section 9.3, terminate this Agreement as of the thirtieth (30th) Day or at any time thereafter after having provided Contractor’s Authorized Representative with Notice of such termination, except that with respect to a Contractor Event of Default pursuant to Sections 9.1.2 (Failure to Maintain Contractor Required Insurance), 9.1.3 (Failure to Maintain Solvency), 9.1.6 (Failure or Refusal to Establish, Obtain, Maintain, Renew or Replenish the Performance Bond), 9.1.7 (Guarantor Default Under the Guaranty) or 9.1.10 (Abandonment/Discontinuance), SPSA may terminate this Agreement immediately by delivery of Notice to Contractor; (b) institute a Legal Proceeding and shall have all legal and equitable remedies available to it; and/or (c) resort to such other remedies as it deems necessary or appropriate. If this Agreement is terminated in accordance with this Section 10.1.1, SPSA shall have no liability to Contractor as a result of such termination under this Agreement, except that Contractor shall be paid those amounts due and owing pursuant to Section 6 through the date of such termination. Termination of this Agreement by SPSA for a Contractor Event of Default shall not impair SPSA’s rights under the Performance Bond or under the Guaranty, or both, as applicable. If SPSA terminates this Agreement as a result of a Contractor Event of Default, (i) Contractor shall pay (or cause to be paid) to SPSA, as liquidated damages, the amount of (1) Twenty-Eight Million Fifty Thousand Dollars ($28,050,000) if this Agreement is terminated in the first or second Billing Year, (2) Twenty-One Million Four Hundred Fifty Thousand Dollars ($21,450,000) if this Agreement is terminated in the third or fourth Billing Year, (3) Fourteen Million Eight Hundred Fifty Thousand Dollars ($14,850,000) if this Agreement is terminated in the fifth or sixth Billing Year, and (4) Eight Million Two Hundred Fifty Thousand Dollars ($8,250,000) if this Agreement is terminated in any Billing Year after the sixth Billing Year, and

Contractor Event of Default. Any of the following events shall constitute an Event of Default by the Contractor (“Contractor Event of Default”) unless such event has occurred as a result of one or more reasons as stated in Clause 5.4: (i) The Contractor has failed to accept the Waste supplied by Municipal Body in accordance with Schedule F for a continuous period of two days for reasons attributed to planned maintenance shutdown as indicated by the Contractor in the O&M requirements to be submitted to the Municipal Body as per Clause 5.1.4 or an aggregate period of five days in any given month; (ii) At any time during the Contract Period, the Contractor fails to adhere to the O&M Requirements and has failed to remedy the same within the stipulated period of receipt of notice in this regard from the Municipal Body. (iii) The Contractor has failed to make any payments due to the Municipal Body and the same is in default for more than 60 days. (iv) The Contractor is in Material Breach of any of its obligations under this Agreement and the same has not been remedied within the stipulated time frame provided by the Municipal Body. (v) Any representation or Warranty made by the Contractor under this Agreement is found to be false and misleading. (vi) Contractor is declared insolvent; (vii) Any petition for winding up of the Contractor has been admitted and liquidator or provisional liquidator has been appointed or the Contractor has been ordered to be wound up by Court of competent jurisdiction, except for the purpose of amalgamation or reconstruction with the prior consent of Municipal Body, provided that, as part of such amalgamation or reconstruction and the amalgamated or reconstructed entity has unconditionally assumed all surviving obligations of the Contractor under this Agreement.

Contractor Event of Default. .1 Without prejudice to the Principal’s rights under clause 18.1, if the Contractor commits a breach of this Agreement, the Principal may give the Contractor a Notice (Contractor Default Notice) which: .1 states that it is a Contractor Default Notice; .2 details the alleged breach; and .3 requires the Contractor to remedy the breach. .2 On giving a Contractor Default Notice to the Contractor under clause 18.2.1, the Principal may suspend payments to the Contractor until the date on which the Contractor remedies the breach to the Principal’s reasonable satisfaction. .3 If within thirty (30) days after the Contractor has received a Contractor Default Notice from the Principal under clause 18.2.1, the Contractor fails to remedy the breach or, where the breach is not capable of remedy, overcome its effects, the Principal may, by Notice to the Contractor: .1 suspend the whole or any part of the supply of the Goods or the performance of the Services;

Contractor Event of Default. The Contractor shall notify the Employer forthwith on the Contractor becoming aware of the occurrence of a Contractor Event of Default.

Contractor Event of Default. 21.2.1 Owners may declare a Contractor Event of Default upon notice to Contractor of the occurrence of any of the following (each a “Contractor Event of Default”):

Contractor Event of Default. See Section 17.1 hereof. Day or day. Day or day means a calendar day. Engineered Equipment. Engineered Equipment means all equipment to be procured and provided by Contractor as listed in Exhibit M. Engineered Equipment Cost. Engineered Equipment Cost means the final aggregate cost of all Engineered Equipment. ***