Default by Agency Sample Clauses

Default by Agency. Agency will be in default under this Contract if: 14.2.1. Agency fails to pay Contractor any amount pursuant to the terms of this Contract, and Agency fails to cure such failure within thirty (30) Business Days after delivery of Contractor’s notice or such longer period as Contractor may specify in such notice; or 14.2.2. Agency commits any material breach or default of any covenant, warranty, or obligation under this Contract, 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 Contractor’s notice or such longer period as Contractor may specify in such notice.

Default by Agency. Agency shall be in default under this Agreement if Agency commits any material breach or default of any covenant, warranty, or obligation under this Agreement, and such breach or default is not cured within 30 calendar days after Recipient’s notice or such longer period as Recipient may specify in such notice.

Default by Agency. Any of the following shall constitute a default of this Agreement by Agency. Upon such default, ACT may terminate this Agreement after giving written notice and ten (10) days to cure the default and ACT, in addition to its right to terminate, may seek any legal remedy which, may also be available.

Default by Agency. If the County determines that a breach of contract has occurred because the Agency failed to comply with any material terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to in any Project/Program Exhibit attached hereto, and if the County deems said breach to warrant corrective action, the following sequential procedure shall apply. 1. The County shall notify the Agency in writing of the nature of the breach. 2. The Agency shall submit a plan describing the specific steps being taken to correct the specified deficiencies (the "corrective action plan"). The corrective action plan shall be submitted to the County within ten business days from the Agency's receipt of the County's notice under this Section. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which completion date shall not be more than 30 days from the date the County receives the Agency's corrective action plan, unless the County, in its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions. 3. The County shall notify the Agency, in writing of the County’s determination as to the sufficiency of the Plan. The County shall have sole discretion in determining the sufficiency of the Agency’s corrective action plan.

Default by Agency. Board will be in default under this Contract if: Board fails to pay Contractor any amount pursuant to the terms of this Contract, and Board fails to cure such failure within 30 calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice; or Board commits any material breach or default of any covenant, warranty, or obligation under this Contract, and such breach or default is not cured within 30 calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice.

Default by Agency. Agency will be in default under this Contract if:

Default by Agency. Prior to the Conveyance, if Agency fails to complete any of the Conditions Precedent to the Conveyance which it is required to complete or commits some other default of this Agreement which is not cured at the time for close of Escrow and the execution of the Conveyance pursuant to the Schedule of Performance (Attachment No. 4), the Developer shall have all rights afforded by law or in equity.

Default by Agency. The occurrence of any one or more of the following, beyond any applicable notice and cure period, shall constitute a “Agency Default” as that term is used in this Agreement: A. If any warranty or representation of the Agency contained in this Agreement is materially untrue as of the date made; B. The default by the Agency of any other provision of this Agreement, and the failure by the Agency to cure such default within thirty (30) Business Days after notice thereof by the Redeveloper to the Agency, provided that if such default cannot reasonably be cured within such thirty (30) Business Day time period, then the Agency shall have an additional sixty (60) Business Day period to cure such failure and no Agency Default shall be deemed to exist hereunder so long as the Agency commences such cure within the initial thirty (30) Business Day period and diligently and in good faith pursues such cure to completion within such resulting ninety (90) Business Day period from the date of the Redeveloper’s notice; C. The Agency shall commence a voluntary case concerning the Agency under Title 11 of the United States Code entitled “Bankruptcy” as now or hereafter in effect, or any successor thereto or any other present or future bankruptcy or insolvency statute (the Bankruptcy Code); or the Agency commences any other proceedings under any reorganization, arrangement, readjustment of debt, relief of debtors, dissolution, insolvency or liquidation or similar law of any jurisdiction whether now or hereafter in effect relating to the Agency; or there is commenced against the Agency any such proceeding which remains undismissed or unstayed for a period of ninety (90) days; or the Agency fails to controvert in a timely manner any such case any such proceeding, or any order approving any such proceeding is entered; or the Agency by any act or failure to act indicates its consent to, approval of, or acquiescence in any proceeding or the appointment of any custodian or the like of or for it for any substantial part of its property or suffers any such appointment to continue undischarged or unstayed for a period of ninety (90) days.

Default by Agency. If the City determines that the Agency failed to comply with any material terms or conditions of this Contract or the Agency has failed to provide in any manner the work or services (each a “breach”) , and if the City determines said that the breach warrants corrective action, the following procedure shall apply. i. The City shall notify the Agency in writing of the nature of the breach. ii. The Agency shall submit a written corrective action plan describing the specific steps being taken to correct the specified deficiencies (the "corrective action plan"). The corrective action plan shall be submitted to the City within ten business days from the Agency's receipt of the City's notice under this section, unless the City, at its sole discretion, extends in writing the response time. The corrective action plan shall indicate the steps being taken to correct the breach and specify the proposed completion date for curing the breach. The completion date shall not be more than 30 days from the date the City receives the Agency's corrective action plan, unless the City, in its sole discretion specifies in writing an extension to complete the corrective actions. iii. The City will determine the sufficiency of the Agency’s proposed corrective action plan, then notify the Agency, in writing, of that determination. The City shall have sole discretion in determining the sufficiency of the Agency’s corrective action plan.