Common use of Contractor Events of Default Clause in Contracts

Contractor Events of Default. ‌ Any one (1) or more of the following events by Contractor, which is not cured within ten (10) Calendar Days after receipt of notice thereof by the Department shall constitute an “Event of Default” on the part of Contractor: (a) Contractor fails to pay any sum of money due hereunder; (b) Contractor fails to provide the Services required under this Contract; (c) Contractor employs an unauthorized alien in the performance of any work required under this Contract; (d) Contractor fails to correct work that the Department has rejected as unacceptable or unsuitable; (e) Contractor discontinues the performance of the work required under this Contract; (f) Contractor fails to resume work that has been discontinued within the time prescribed by the Department in its notice; (g) Contractor abandons the project; (h) Contractor becomes insolvent or is declared bankrupt; (i) Contractor files for reorganization under the bankruptcy code; (j) Contractor commits any other action towards the initiation of bankruptcy or insolvency proceedings, either voluntarily or involuntarily; (k) Contractor fails to promptly pay any and all taxes or assessments imposed by and legally due the Department, State or federal government; (l) Contractor makes an assignment for the benefit of creditors without the approval of the Department; (m) Contractor makes or has made a material misrepresentation or omission in any materials provided to the Department; (n) Contractor commits any material breach of this Contract; (o) Contractor transfers ownership in violation of the Contract; (p) Contractor fails to furnish and maintain the performance bond; (q) Contractor fails to procure and maintain the required insurance policies and coverages required by this Contract; (r) The Department determines that the surety company issuing a bond securing Contractor’s performance of its obligations hereunder becomes insolvent or unsatisfactory; (s) Contractor utilizes a Subcontractor in the performance of the work required by this Contract, which has been placed on the State’s Convicted Vendor List or Discriminatory Vendor List; (t) Contractor is suspended or is removed as an authorized Contractor by any State or federal agency; or Contractor is convicted of a felony; is placed on the State’s Convicted Vendor List or Discriminatory Vendor List; or has its license is suspended or revoked; (u) Contractor refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by Contractor in conjunction with this Contract and not otherwise deemed confidential, proprietary or a trade secret; (v) Contractor refuses to allow any access required to comply with the audit provisions of by the Contract; (w) Contractor’s license to provide vision insurance Services in the State is suspended or revoked; (x) Violation of section 4.2.5 (Work Locations, No Offshoring of Data), or Contractor’s permitting State of Florida Data to be transmitted, viewed, or accessed outside of the United States; (y) Contractor’s change of Subcontractors in violation of section 4.2.3, Subcontractors, of the Contract; (z) The Contractor, upon discovery or notice thereof, fails to notify the Department within seven

Contractor Events of Default. ‌ Any one (1) or more of the following events by Contractor, which is not cured within ten (10) Calendar Days after receipt of notice Notice thereof provided by the Department Department, shall constitute an “Event event of Default” on the part of Contractor: (a) default: • Contractor fails to pay any sum of money due hereunder; (b) ; • Contractor fails to provide the Services required under this Contract; (c) ; • Contractor employs an unauthorized alien in the performance of any work required under this Contract; (d) ; • Contractor fails to correct work that the Department has rejected as unacceptable or unsuitable; (e) ; • Contractor discontinues the performance of the work required under this Contract; (f) ; • Contractor fails to resume work that has been discontinued within the a reasonable time prescribed after written notice by the Department in its notice; (g) to resume work; • Contractor abandons the project; (h) ; • Contractor becomes insolvent or is declared bankrupt; (i) ; • Contractor files for reorganization under the bankruptcy code; (j) ; • Contractor commits any other action towards the initiation of bankruptcy or insolvency proceedingsinsolvency, either voluntarily or involuntarily; (k) ; • Contractor fails to promptly pay any and all taxes or assessments imposed by and legally due the Department, State or federal government; (l) ; • Contractor makes an assignment for the benefit of creditors without the approval of the Department; (m) ; • Contractor makes made or has made a material misrepresentation or omission in any materials provided to the Department; (n) ; • Contractor commits any material breach of this Contract; (o) Contractor transfers ownership in violation of the Contract; (p) ; • Contractor fails to furnish and maintain the performance bond; (q) ; • Contractor fails to procure and maintain the required insurance policies and coverages required by this Contract; (r) ; • The Department determines that the surety company issuing a bond securing Contractor’s performance of its obligations hereunder becomes insolvent or unsatisfactory; (s) ; • Contractor utilizes a Subcontractor in the performance of the work required by this Contract, Contract which has been placed on the State’s Convicted Vendor List or Discriminatory Vendor List; (t) convicted vendor list; • Contractor is suspended or is removed as an authorized Contractor or vendor by any State or federal agency; or Contractor is convicted of a felony; or is placed on the State’s Convicted Vendor List or Discriminatory Vendor Listconvicted vendor list; or has its license is suspended or revoked; (u) • Contractor refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by Contractor in conjunction with this Contract and not otherwise deemed confidential, proprietary or a trade secret; (v) ; • Contractor refuses to allow any auditor access as required to comply with the audit provisions of by the Contract; (w) ; • Contractor’s license to provide vision insurance Services in the State is suspended or revoked; (x) Violation of section 4.2.5 (Work Locations, No Offshoring of Data); • Contractor violates subsection 3.2.6, or Contractor’s permitting Contractor‘s State of Florida Data to be is transmitted, viewedstored, or accessed Accessed outside of the United States; (y) Contractor’s change of ; • Contractor engages or changes Subcontractors in violation of section 4.2.3, Subcontractorssubsection 3.2.3, of the Contract; (z) The Contractor, upon discovery or notice thereof, ; • Contractor fails to notify provide written notice to the Department of problems or issues impacting provision of Services within sevenseven (7) Calendar Days of (i) the discovery thereof or (ii) when discovery should have been reasonably discovered; • For any other cause whatsoever that Contractor fails to perform in an acceptable manner; and • Failure to meet the same Performance Guarantee for three measurement periods (i.e., month, quarter, etc.).