Common use of Default by Consultant Clause in Contracts

Default by Consultant. Consultant shall be in default under this Agreement if: Consultant institutes or has instituted against it insolvency, receivership or bankruptcy proceedings which are not dismissed within 60 days of their commencement, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or Consultant no longer holds a license or certificate that is required for Consultant to perform the Services and Consultant has not obtained such license or certificate within thirty (30) business days after delivery of Agency’s notice or such longer period as Agency may specify in such notice; or Consultant commits any material breach of any covenant, warranty, obligation or certification under this Agreement, fails to perform the Services in conformance with the specifications and warranties provided herein, or clearly manifests an intent not to perform future obligations under this Agreement, and such breach or default is not cured, or such manifestation of an intent not to perform is not corrected by reasonable written assurances of performance within thirty (30) business days after delivery of Agency’s notice or such longer period as Agency may specify in such notice. Default by Agency. Agency shall be in default under this Agreement if: Agency fails to pay Consultant any amount pursuant to the terms of this Agreement, and Agency fails to cure such failure within thirty (30) business days after delivery of Consultant’s notice or such longer period as Consultant may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Agreement, 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 Consultant’s notice or such longer period as Consultant may specify in such notice.