Common use of Default by Consultant Clause in Contracts

Default by Consultant. If any representation made by Consultant in this Agreement shall prove to be false or misleading in any material respect, or if Consultant shall default in the timely performance of any of its obligations under this Agreement and such default shall continue for a period of three business days after receipt of written notice from LMDC specifying the occurrence, omission or failure giving rise to such default, or if, in the opinion o f LMDC, by reason of the nature of such default, such default cannot be cured within such three -day period, then if Consultant shall not within such period commence with due diligence the curing of such default and thereafter prosecute and complete the cur ing of such default as promptly as possible, except that LMDC shall not be required to give Consultant such written notice and Consultant shall not have such right to cure for Consultant's failure to comply with Section 1.9 hereof, LMDC, in addition to any other remedies or claims it may have with respect to such representation or such default, may terminate this Agreement immediately on verbal or written notice to Consultant. In the event of such termination, LMDC, without waiving any such remedy or claim s (including consequential damages), shall not be required to pay Consultant any portion of the fee specified in this Agreement remaining to be paid for which valid vouchers have not been submitted pursuant to this Agreement on or before the date of LMDC's notice of termination.

Default by Consultant. If any representation made by Consultant in this Agreement shall prove to be false or misleading in any material respect, or if Consultant shall default in the timely performance of any of its obligations under this Agreement and such default shall continue for a period of three business days after receipt of written notice from LMDC specifying the occurrence, omission or failure giving rise to such default, or if, in the opinion o f of LMDC, by reason of the nature of such default, such default cannot be cured within such three -day three-day period, then if Consultant shall not within such period commence with due diligence the curing of such default and thereafter prosecute and complete the cur ing curing of such default as promptly as possible, except that LMDC shall not be required to give Consultant such written notice and Consultant shall not have such right to cure for Consultant's failure to comply with Section 1.9 hereof, LMDC, in addition to any other remedies or claims it may have with respect to such representation or such default, may terminate this Agreement immediately on verbal or written notice to Consultant. In the event of such termination, LMDC, without waiving any such remedy or claim s claims (including consequential damages), shall not be required to pay Consultant any portion of the fee specified in this Agreement remaining to be paid for which valid vouchers have not been submitted pursuant to this Agreement on or before the date of LMDC's notice of termination.