Default by Provider Sample Clauses

Default by Provider. Unless cured or excused by the Force Majeure provision in Section 23(a) or County default, each of the following shall constitute default on the part of the Provider: 1) Fails to provide services called for by this Agreement within the time specified herein or any extension thereof; 2) Provider is in such financial condition so as to endanger the performance of this Agreement; 3) Makes material misrepresentations either in the attached exhibits and documents or in any other material provision or condition relied upon in the making of this Agreement; 4) Persistently disregards laws, ordinances, rules, regulations or orders of any public authority, including the County; 5) Failing to perform any other material provision of this Agreement.

Default by Provider. When Provider shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications, the District may, upon five (5) business days' prior written notice describing the fault, at its option, annul and set aside the contract entered into with said Provider and make and enter into a new contract in such manner as seems to the Board of Education to be to the best advantage of the District. Any failure for furnishing such articles or services by reason of the failure of the Provider as above stated, shall be a liability against the Provider and his sureties. The Board of Education reserves the right to cancel any articles or services which the Provider may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Provider provided satisfactory proof is furnished to the Board of Education, if requested.

Default by Provider. A. In the event Provider fails or neglects to comply with any term or condition of this Agreement or to provide the services stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shall be in addition to any other remedies, including termination, available to the City in law or equity.

Default by Provider. Provider shall be in default under this Agreement if: a. Provider institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis; or b. Provider no longer holds a license or certificate that is required for Provider to perform its obligations under the Agreement and Provider has not obtained such license or certificate within 14 (fourteen) calendar days after Health Plan’s notice or such longer period as Health Plan may specify in such notice; or c. Provider commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Provider’s performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within 14 (fourteen) calendar days after Health Plan’s notice, or such longer period as Health Plan may specify in such notice.

Default by Provider. Provider is in default under this Agreement if Provider commits any material breach or default of any covenant, warranty, obligation or agreement under this Agreement, fails to perform the Work under this Agreement within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Provider’s performance under this Agreement in accordance with its terms, and such breach, default or failure is not cured within fourteen (14) calendar days after City’s notice, or such longer period as City may specify in such notice.

Default by Provider. Failure to comply with any of the terms and/or conditions of the Contract shall constitute default by the Provider..

Default by Provider. Unless cured or excused under paragraph 20 (A) or Lead County or other Financially Responsible Agency default, each of the following shall constitute default on part of the Provider. 1) A written admission by the Provider that it is bankrupt; the filling by the Provider of a voluntary petition under the Federal Bankruptcy Act; or the filing of an involuntary petition under the Federal Bankruptcy Act against the Provider unless dismissed within ninety (90) calendar days. The notice of Default and cure provisions of this Contract do not apply to this paragraph. 2) The making of any arrangement with or for the benefit of the Provider’s creditors involving an assignment to a trustee, receiver, or similar fiduciary. The Notice of Default and cure provisions do not apply to this paragraph. 3) Making material misrepresentations either in the documents attached to this Contract or in any other material provision or condition relied upon in the making of this Contract. 4) The Provider disregards laws, ordinances, rules, regulations or orders of any public authority. 5) Failure to perform any other material provision of this Contract.

Default by Provider. 9.1 Without prejudice to any other right or remedy, if the Provider does not provide the Services in accordance with the Specification or at the times specified in this Contract (“Default”) the Trust may: I. Require the Provider to remedy the Default within such time as the Trust may specify by providing or providing again (as the case may be) without further charge to the Trust such part of the Services to the Specification; II. Without terminating the whole of this Contract terminate this Contract in respect of part of the Services only and thereafter provide or procure the provision of such part of the Services itself as a temporary measure; III. Itself provide or obtain the provision of the Services as a temporary measure until it is satisfied that the Provider is able to carry out the Services in accordance with this Contract‟s special conditions and Specification; IV. Terminate this Contract. 9.2 If the cost to the Trust of executing or obtaining services pursuant to clause 9.1 exceeds the amount that would have been payable to the Provider for the provision of such services, such excess shall be paid by the Provider to the Trust in addition to any other sums payable by the Provider to the Trust in respect of the breach. 9.3 Consistent with the primacy of ensuring continuity of care for Residents the Trust shall take reasonable steps to mitigate the excess cost of obtaining or providing such alternative Services. 9.4 All or any of the remedies in clauses 9.1 and 9.2 may be exercised by the Trust in respect of any Default by the Provider. However such shall not affect the responsibility and liability of the Provider in regard to TUPE or the Service Provision Regulations.

Default by Provider. The occurrence of any of the following events shall constitute a default by Provider under this Agreement: (a) Provider fails to timely pay any installment of rent when due or any other amount due under this Agreement; (b) Provider assigns, transfers, or encumbers this Agreement or any part of Premises except when in strict compliance with the terms of this Agreement; (c) Provider files a petition in bankruptcy, becomes insolvent, has a petition filed against Provider in bankruptcy, or insolvency or for reorganization or appointment of a receiver or trustee, which is not dismissed within sixty (60) days; (d) Provider petitions for or enters into an arrangement for the benefit of creditors or suffers this Agreement to become subject to a writ of execution, and such writ is not released within thirty (30) days; (e) Provider abandons, deserts, or vacates any part of Premises or discontinues operation of any Services without prior written consent of the Department for seven (7) or more consecutive days; or (f) except as otherwise set forth above, Provider violates or fails to perform any other obligation to be performed by Provider under this Agreement and fails to cure the same within twenty (20) days following written notice of such violation from City.