Common use of Default and Remedies Termination Clause in Contracts

Default and Remedies Termination. a) A default shall consist of: (i) the breach by Grantee of any term, condition, covenant, agreement, or certification contained in this Agreement; (ii) the expenditure of Grant funds for any use other than as provided in the Project Budget or in the approved scope of work for the Project; (iii) the failure to commence or complete the Project by the dates set forth in the Agreement, or otherwise unsatisfactory performance or completion of the Project, in the Department’s sole determination; (iv) Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets; (v) the failure to obtain Other Public Funds if, in the Department’s sole discretion, such failure would significantly impact the Project; (vi) a change in Grantee’s staffing capacity that adversely affects ▇▇▇▇▇▇▇’s ability to carry out the Project, in the Department’s sole discretion. b) If a default described in Section 9(a) occurs, the Department shall give Grantee written notice of default, and Grantee shall have thirty (30) calendar days from the date of such notice to cure the default. If Grantee has not cured the default to the satisfaction of the Department by the conclusion of the 30-day period, this Agreement shall terminate at the end of the 30-day period and the Department may demand immediate repayment of the Grant. Notwithstanding the above, upon the occurrence of a default under this Agreement involving Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets, the Department’s right to terminate this Agreement shall be immediate, without a notice and cure period. c) Notwithstanding the foregoing notice and cure period set forth in Section 9(b), in the event that the Treasury requires the repayment of any Grant funds, Grantee shall immediately return the Grant funds to the Department. d) In the event of termination of the Agreement, whether due to default or otherwise: i) The Department may withhold disbursement of Grant funds and Grantee shall have no right, title, or interest in or to any of the undisbursed Grant funds; ii) The Department may demand repayment from Grantee of any portion of the Grant proceeds that the Department, in its sole discretion, determines were not expended in accordance with this Agreement, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings; and iii) The Department, in its sole discretion, may demand repayment of all Grant funds disbursed to Grantee, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings. e) In addition to exercising any or all of the rights and remedies contained in this Agreement, the Department at any time may proceed to protect and enforce all rights available to the Department by suit in equity, action at law, or by any other appropriate proceedings, all of which shall survive the termination of this Agreement. f) ▇▇▇▇▇▇▇ agrees to return any remaining proceeds of the Grant to the Department upon termination of the Agreement, whether due to default, completion of the Project, or for any other reason.

Default and Remedies Termination. a) a. A default shall consist of: (i) the breach by Grantee Subrecipient of any term, condition, covenant, agreement, or certification contained in this Agreement; (ii) the expenditure of Grant funds for any use other than as provided in the Project Budget or in the approved scope of work for the Project; (iii) the failure to commence or complete the Project by the dates set forth in the Agreement, or otherwise unsatisfactory performance or completion of the Project, in the DepartmentCounty’s sole determination; (iv) GranteeSubrecipient’s bankruptcy, insolvency, or the dissolution or liquidation of GranteeSubrecipient’s business organization or assets; (v) the failure to obtain Other Public Funds (as applicable), if, in the DepartmentCounty’s sole discretion, such failure would significantly impact the Project; (vi) a change in GranteeSubrecipient’s staffing capacity that adversely affects ▇▇▇▇▇▇▇Subrecipient’s ability to carry out the Project, in the DepartmentCounty’s sole discretion. b) b. If a default described in Section 9(a) occurs, the Department County shall give Grantee Subrecipient written notice of default, and Grantee Subrecipient shall have thirty (30) calendar days from the date of such notice to cure the default. If Grantee Subrecipient has not cured the default to the satisfaction of the Department County by the conclusion of the 30-day period, this Agreement shall terminate at the end of the 30-day period and the Department County may demand immediate repayment of the Grant. Notwithstanding the above, upon the occurrence of a default under this Agreement involving GranteeSubrecipient’s bankruptcy, insolvency, or the dissolution or liquidation of GranteeSubrecipient’s business organization or assets, the DepartmentCounty’s right to terminate this Agreement shall be immediate, without a notice and cure period. c) c. Notwithstanding the foregoing notice and cure period set forth in Section 9(b), in the event that the Treasury requires the repayment of any Grant funds, Grantee Subrecipient shall immediately return the Grant funds to the DepartmentCounty. d) d. In the event of termination of the Agreement, whether due to default or otherwise: i) i. The Department County may withhold disbursement of Grant funds and Grantee Subrecipient shall have no right, title, or interest in or to any of the undisbursed Grant funds; ii) . The Department County may demand repayment from Grantee Subrecipient of any portion of the Grant proceeds that the DepartmentCounty, in its sole discretion, determines were not expended in accordance with this Agreement, plus all costs and reasonable attorneys' fees incurred by the Department County in recovery proceedings; and iii) . The DepartmentCounty, in its sole discretion, may demand repayment of all Grant funds disbursed to GranteeSubrecipient, plus all costs and reasonable attorneys' fees incurred by the Department County in recovery proceedings. e) e. In addition to exercising any or all of the rights and remedies contained in this Agreement, the Department County at any time may proceed to protect and enforce all rights available to the Department County by suit in equity, action at law, or by any other appropriate proceedings, all of which shall survive the termination of this Agreement. f) ▇▇▇▇▇▇▇ f. Subrecipient agrees to return any remaining proceeds of the Grant to the Department County upon termination of the Agreement, whether due to default, completion of the Project, or for any other reason.

Default and Remedies Termination. a) A default shall consist of: (i) the breach by Grantee of any term, condition, covenant, agreement, or certification contained in this Agreement; (ii) the expenditure of Grant funds for any use other than as provided in the Project Budget or in the approved scope of work for the Project; (iii) the failure to commence or complete the Project by the dates set forth in the Agreement, or otherwise unsatisfactory performance or completion of the Project, in the Department’s sole reasonable determination; (iv) Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets; (v) the failure to obtain Other Public Funds Additional Funding if, in the Department’s sole reasonable discretion, such failure would significantly impact the Project; (vi) a change in Grantee’s staffing capacity that adversely affects ▇▇▇▇▇▇▇Grantee’s ability to carry out the Project, in the Department’s sole reasonable discretion. b) If a default described in Section 9(a8(a) occurs, the Department shall give Grantee written notice of default, and Grantee shall have thirty (30) calendar days from the date of such notice to cure the default. If Grantee has not cured the default to the reasonable satisfaction of the Department by the conclusion of the 30-day period, this Agreement shall terminate at the end of the 30-day period and the Department may demand immediate repayment of the Grant. Notwithstanding the above, upon the occurrence of a default under this Agreement involving Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets, the Department’s right to terminate this Agreement shall be immediate, without a notice and cure period. c) Notwithstanding the foregoing notice and cure period set forth in Section 9(b8(b), in the event that the Treasury requires the repayment of any Grant funds, Grantee shall immediately return the Grant funds to the Department. d) In the event of termination of the Agreement, whether due to default or otherwise: i) The Department may withhold disbursement of Grant funds and Grantee shall have no right, title, or interest in or to any of the undisbursed Grant funds; ii) The Department may demand repayment from Grantee of any portion of the Grant proceeds that the Department, in its sole reasonable discretion, determines were not expended in accordance with this Agreement, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings; and iii) The Department, in its sole reasonable discretion, may demand repayment of all Grant funds disbursed to Grantee, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings. e) In addition to exercising any or all of the rights and remedies contained in this Agreement, the Department at any time may proceed to protect and enforce all rights available to the Department by suit in equity, action at law, or by any other appropriate proceedings, all of which shall survive the termination of this Agreement. f) ▇▇▇▇▇▇▇ agrees to return any remaining proceeds of the Grant to the Department upon termination of the Agreement, whether due to default, completion of the Project, or for any other reason. g) Nothing in this Agreement shall serve to prohibit Grantee from continuing to complete the Project at Grantee’s own cost after termination of the Agreement, or otherwise impair, alter, or amend any of Grantee’s existing rights under applicable law to construct, own, operate, and maintain its networks and provide services including, without limitation, to the locations that were in the Grant’s approved service area.

Default and Remedies Termination. a) A default shall consist of: (i) the breach by Grantee of any term, condition, covenant, agreement, or certification contained in this Agreement; (ii) the expenditure of Grant funds for any use other than as provided in the Project Budget or in the approved scope of work for the Project; (iii) the failure to commence or complete the Project by the dates set forth in the Agreement, or otherwise unsatisfactory performance or completion of the Project, in the Department’s sole determination; (iv) Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets; (v) the failure to obtain Other Public Funds if, in the Department’s sole discretion, such failure would significantly impact the Project; (vi) a change in Grantee’s staffing capacity that adversely affects ▇▇▇▇▇▇▇’s ability to carry out the Project, in the Department’s sole discretion. b) If a default described in Section 9(a8(a) occurs, the Department shall give Grantee written notice of default, and Grantee shall have thirty (30) calendar days from the date of such notice to cure the default. If Grantee has not cured the default to the satisfaction of the Department by the conclusion of the 30-day period, this Agreement shall terminate at the end of the 30-day period and the Department may demand immediate repayment of the Grant. Notwithstanding the above, upon the occurrence of a default under this Agreement involving Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets, the Department’s right to terminate this Agreement shall be immediate, without a notice and cure period. c) Notwithstanding the foregoing notice and cure period set forth in Section 9(b8(b), in the event that the Treasury requires the repayment of any Grant funds, Grantee shall immediately return the Grant funds to the Department. d) In the event of termination of the Agreement, whether due to default or otherwise: i) The Department may withhold disbursement of Grant funds and Grantee shall have no right, title, or interest in or to any of the undisbursed Grant funds; ii) The Department may demand repayment from Grantee of any portion of the Grant proceeds that the Department, in its sole discretion, determines were not expended in accordance with this Agreement, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings; and iii) The Department, in its sole discretion, may demand repayment of all Grant funds disbursed to Grantee, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings. e) In addition to exercising any or all of the rights and remedies contained in this Agreement, the Department at any time may proceed to protect and enforce all rights available to the Department by suit in equity, action at law, or by any other appropriate proceedings, all of which shall survive the termination of this Agreement. f) ▇▇▇▇▇▇▇ agrees to return any remaining proceeds of the Grant to the Department upon termination of the Agreement, whether due to default, completion of the Project, or for any other reason.

Default and Remedies Termination. a) A default shall consist of: (i) the breach by Grantee of any term, condition, covenant, agreement, or certification contained in this Agreement; (ii) the expenditure of Grant funds for any use other than as provided in the Project Budget or in the approved scope of work for the ProjectProject Description; (iii) the failure to commence or complete the Project by the dates set forth in the Agreement, or otherwise unsatisfactory performance or completion of the Project, in the Department’s sole determination; (iv) Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets; (v) the failure to obtain the Other Public Funds if, in the Department’s sole discretion, such failure would significantly impact the Project; (vi) a change in Grantee’s staffing capacity that adversely affects ▇▇▇▇▇▇▇’s ability to carry out the Project, in the Department’s sole discretion; or (vii) a default by Grantee in any other agreement with the Department that remains uncured beyond any applicable notice and cure provisions therein. b) If a default described in Section 9(a) occurs, the The Department shall give Grantee written notice of default, and Grantee shall have thirty (30) calendar days from the date of such notice to cure the default. If Grantee has not cured Upon the occurrence of a default to that continues beyond the satisfaction of cure period, the Department by shall have the conclusion of the 30-day period, right to terminate this Agreement shall terminate at the end of the 30-day period and the Department may demand immediate repayment of the Grantimmediately by written notice to Grantee. Notwithstanding the above, upon the occurrence of a default under this Agreement involving Grantee’s bankruptcy, insolvency, or the dissolution or liquidation of Grantee’s business organization or assets, the Department’s right to terminate this Agreement shall be immediate, immediate without a notice and cure period. c) Notwithstanding the foregoing notice and cure period set forth in Section 9(b), in the event that the Treasury requires the repayment of any Grant funds, Grantee shall immediately return the Grant funds to the Department. d) In the event of termination of by the Agreement, whether due to default or otherwiseDepartment: i) The Department may withhold disbursement of Grant funds and Grantee shall have no right, title, or interest in or to any of the undisbursed Grant funds; ii) The Department may demand repayment from Grantee of any portion of the Grant proceeds funds that the Department, in its sole discretion, determines were not expended in accordance with this Agreement, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings; and iii) The Department, in its sole discretion, may demand repayment of all Grant funds disbursed to Grantee, plus all costs and reasonable attorneys' fees incurred by the Department in recovery proceedings. ed) In addition to exercising any or all of the rights and remedies contained in this Agreement, the Department at any time may proceed to protect and enforce all rights available to the Department by suit in equity, action at law, or by any other appropriate proceedings, all of which rights and remedies shall survive the termination of this Agreement. fe) ▇▇▇▇▇▇▇ agrees to return any remaining proceeds of the unexpended Grant funds to the Department upon termination of the Agreement, whether the termination is due to default, completion of the Project, expiration of the Agreement, or for any other reason.