DEFAULT OF DESIGN-BUILDER Clause Samples

DEFAULT OF DESIGN-BUILDER. 15.1 Events of Default by Design-Builder. Design-Builder shall be in default hereunder upon the occurrence of any one of the following events, which shall be events of default (each an “Event of Design-Builder Default”) if not cured by Design-Builder within fourteen (14) days following delivery to Design-Builder of a notice of such event from Owner:
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DEFAULT OF DESIGN-BUILDER. 15.1 Events of Default by Design-Builder 43 15.1.1 Failure to Prosecute Work. 43 15.1.2 Failure to Correct Work 43 15.1.3 Failure to Provide Adequate Labor and Materials 43 15.1.4 Failure to Pay 43 15.1.5 Failure to Comply with Laws 43 15.1.6 Bankruptcy, Etc. 43 15.1.7 Material Breach 43 15.2 Owner's Remedies Against Design-Builder 43
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DEFAULT OF DESIGN-BUILDER. 15.1 Events of Default by Design-Builder 47 15.1.1 Failure to Prosecute Work 47 15.1.2 Failure to Correct Work 47 15.1.3 Failure to Provide Adequate Labor and Materials 47 15.1.4 Failure to Pay 47 15.1.5 Failure to Comply with Laws 47 15.1.6 Material Breach 47 15.2 Owner's Remedies Against Design-Builder 47 15.3 Additional Owner's Rights Upon Design-Builder Default 47 15.4 General Obligations 48 15.4.1 Inventory Equipment, Etc 48 15.4.2 Assign Subcontracts, Etc 48 15.4.3 Deliver Design Work Product 48 15.5 Payment Obligations 48 15.6 No Relief of Responsibility 48
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DEFAULT OF DESIGN-BUILDER. 17.1.1 Design/Builder shall be in default under this Agreement upon the occurrence and continuance of any one or more of the following events or conditions, following notice and opportunity to cure (if applicable) as specified in Section 17.1.2: (a) Design/Builder fails either (i) to immediately begin any portion of the Development Work under the Contract Documents following issuance of an NTP therefor, or (ii) to prosecute the Development Work in accordance with the Project Schedule; or (b) Design/Builder fails to perform the Development Work with sufficient resources to assure Interim Substantial Completion within 365 days following the Interim Completion Deadline, Substantial Completion within 365 days following the Completion Deadline and Final Acceptance within 365 days following the Acceptance Deadline (i.e. Design/Builder fails to provide and thereafter meet a Recovery Schedule pursuant to Section 5.5); or (c) Design/Builder fails to perform and complete the Development Work in accordance with the Contract Documents, the Governmental Approvals and applicable Law, or refuses to repair, remove and replace defective or rejected materials, Nonconforming Work or Development Work deemed unacceptable by the Alamo RMA; or (d) Design/Builder suspends, ceases, stops or abandons the Development Work or fails to continuously and diligently prosecute the Development Work, excluding any work stoppage (i) due to termination by the Alamo RMA, (ii) due to and during the continuance of a Force Majeure Event or suspension by the Alamo RMA pursuant to Section 15.1; or (iii) due to and during the continuance of any suspension of work under Section 17.4. (e) Design/Builder fails to resume performance of Development Work which has been suspended or stopped, within a reasonable time after receipt of notice from the Alamo RMA to do so or after cessation of the event preventing performance; or (f) Design/Builder fails to maintain the insurance required under Section 10 or fails to provide the Performance Bond, or the Payment Bond; or (g) Design/Builder breaches any other covenant, agreement, obligation, term or condition contained in the Contract Documents which is not otherwise specifically referenced in this Section 17.1.1; or (h) Design/Builder assigns or transfers the Agreement or any right or interest herein, except as expressly permitted hereunder; or (i) Design/Builder fails to discharge or obtain a stay within 10 days of any final judgment(s) or order for the payment...
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Related to DEFAULT OF DESIGN-BUILDER

  • Default of Purchasers If any Purchaser or Purchasers default in their obligations to purchase Offered Securities hereunder and the aggregate principal amount of Offered Securities that such defaulting Purchaser or Purchasers agreed but failed to purchase does not exceed 10% of the total principal amount of Offered Securities, CSFBC may make arrangements satisfactory to the Company for the purchase of such Offered Securities by other persons, including any of the Purchasers, but if no such arrangements are made by the Closing Date, the non-defaulting Purchasers shall be obligated severally, in proportion to their respective commitments hereunder, to purchase the Offered Securities that such defaulting Purchasers agreed but failed to purchase. If any Purchaser or Purchasers so default and the aggregate principal amount of Offered Securities with respect to which such default or defaults occur exceeds 10% of the total principal amount of Offered Securities and arrangements satisfactory to CSFBC and the Company for the purchase of such Offered Securities by other persons are not made within 36 hours after such default, this Agreement will terminate without liability on the part of any non-defaulting Purchaser or the Company, except as provided in Section 9. As used in this Agreement, the term "Purchaser" includes any person substituted for a Purchaser under this Section. Nothing herein will relieve a defaulting Purchaser from liability for its default.

  • Events of Default; Waiver The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

  • Default of Tenant Each of the following shall constitute a default by Tenant under this Lease: (a) Tenant fails to pay any amount required under this Lease as and when the same becomes due and said failure is not cured within ten (10) days after written notice thereof from Landlord; (b) Tenant fails to perform any other term, condition, or obligation under this Lease and said failure is not cured within thirty (30) days after written notice thereof from Landlord. Upon the occurrence of any such default by Tenant, Landlord shall have the option to pursue any one or more of the following remedies without any additional notice or demand whatsoever: terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so Landlord may, without prejudice to any other remedy which Landlord may have for omission or arrearages in Rent, enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof, without being liable for prosecution or any claim of damages therefor; or enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof without being liable for prosecution or any claim for damages therefor, with or without having terminated this Lease. In addition to the other remedies provided in this Lease, and anything contained herein to the contrary notwithstanding, Landlord shall be entitled to restrain any default or violation, or attempted or threatened default or violation of any of the terms, covenants, conditions or other provisions of this Lease, by injunction, order of specific performance or other appropriate equitable relief. The remedies provided to Landlord hereunder are intended to be cumulative, and may be exercised by Landlord in any order, or simultaneously, without such exercise being a waiver by Landlord of its right to exercise any other remedy granted to Landlord hereunder (or under applicable Laws) with respect to the same default. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance or surrender of the Leased Premises by ▇▇▇▇▇▇, whether by agreement or by operation of law, it being understood that such surrender can be affected only by the written agreement of Landlord and ▇▇▇▇▇▇.

  • Failure to Elect; Events of Default If the Borrower fails to deliver a timely and complete Interest Election Request with respect to a Term Benchmark Borrowing prior to the end of the Interest Period therefor, then, unless such Borrowing is repaid as provided herein, (i) if such Borrowing is denominated in Dollars, at the end of such Interest Period such Borrowing shall be converted to a Term Benchmark Borrowing of the same Class having an Interest Period of one (1) month’s duration, and (ii) if such Borrowing is denominated in a Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as an Event of Default is continuing no outstanding Term Benchmark Borrowing or RFR Borrowing denominated in a Foreign Currency may have an Interest Period of more than one (1) month’s duration.

  • Notice of Events of Default The Issuer shall give a Responsible Officer of the Indenture Trustee and each Rating Agency prompt written notice of each Event of Default hereunder and each default on the part of the Servicer or the Seller of its obligations under the Sale and Servicing Agreement.