Default of the Contractor Clause Samples

The "Default of the Contractor" clause defines the circumstances under which a contractor is considered to have failed to meet their contractual obligations. Typically, this clause outlines specific actions or omissions—such as not completing work on time, failing to meet quality standards, or breaching safety requirements—that constitute a default. It also details the steps the client or employer may take in response, such as issuing notices, withholding payments, or ultimately terminating the contract. The core function of this clause is to protect the interests of the client by providing clear remedies and procedures in the event the contractor does not perform as agreed, thereby allocating risk and ensuring accountability.
Default of the Contractor. The occurrence of one (1) or more of the following events shall constitute an event of default under this Agreement (each an “Event of Default”): (1) Except for Force Majeure Events as defined in Section 6.04 of this Agreement or a failure to obtain or maintain Disposal Permits as described in Section 4.01(5) an Event of Default shall occur immediately if Contractor is unable to accept Municipal Solid Waste from City for more than one (1) consecutive day that Contractor is obliged to receive such Municipal Solid Waste pursuant to the terms of this Agreement. (2) Except for Force Majeure Events as defined in Section 6.04 of this Agreement or a failure to obtain or maintain Disposal Permits as described in Section 4.01(5), an Event of Default by Contractor shall occur if one (1) or more of the following occurs and Contractor fails to cure the same within ten (10) Days after receiving written notice thereof from City, unless Contractor has promptly commenced and is continuing diligently and in good faith to cure such default and does cure such default within thirty (30) Days of such notice (except for a default under Section 6.01(2)(c) or (d) below): (a) Contractor cannot accept delivery of Municipal Solid Waste in the Maximum Daily Quantity agreed to under this Agreement at any time during the Term of this Agreement; (b) Contractor fails to perform any Work to be performed by it under this Agreement; (c) the filing of a petition by or against Contractor for relief as a bankruptcy or insolvency or for its reorganization or for the appointment pursuant to any local, state or federal bankruptcy or insolvency law of a receiver or trustee of any part of Contractor property; or, an assignment by Contractor for the benefit of creditors; or, the taking possession of the property of Contractor by any local, state or federal governmental officer or agency or court- appointed official for the dissolution or liquidation of Contractor or for the operating, either temporary or permanent, of Contractor's business, provided, however, that if any such action is commenced against Contractor, the same shall not constitute an Event of Default if Contractor causes the same to be dismissed or discharged within sixty (60) Days after the filing of same; (d) the filing of a petition by or against Guarantor for relief as a bankruptcy or insolvency or for its reorganization or for the appointment pursuant to any local, state or federal bankruptcy or insolvency law of a receiver or tru...
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Default of the Contractor. (a) is unable to take full responsibility for the adequacy, stability and safety of all Site operations and methods of construction as stipulated in subclause 8.2 of the conditions of contract. (b) Fails to comply with Subclause 10.1 and 10.2 of the Conditions of Contract (c) Fails to comply with SubClause 14.2 and SubClause 14.3 of the Conditions of Contract and Appendix to Form of Bid. (d) Fails to observe the safety as stipulated in Subclause 19.1 and ammendments therein. (e) Fails to Conform to Service levels as detailed in the Appendix to Form of Bid and as required in subclause 13.1. (f) Incurs the maximum amount of Liquidated damages as stated in the Appendix to Form of Bid
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Default of the Contractor. Should it become apparent at any time during construction or during the Defects Liability Period that the Contractor’s alternative design and/or specifications do not comply with the specified requirements, the Contractor shall be liable for all consequential damage and shall, at his own expense, do all the work required to ensure that the structure complies with the design requirements. In addition, the Contractor shall not be entitled to any additional payment in excess of the sum referred to in sub-clause PS 25.3.1: Design, construction and remedy of defects, paragraph (a) above. When circumstances within the control of the Contractor arise after the acceptance of the Alternative Tender and when these circumstances, in the opinion of the Engineer, render construction of the alternative unacceptable, the Contractor shall construct the Works strictly in accordance with the original design as specified in the Tender Documents. In such circumstances, the Contractor shall not be entitled to any additional payment and the sum referred to in sub-clause 25.3.1 shall be in full and final settlement to the Contractor in respect of constructing the Works and remedying any defects in the Works as originally specified in the Tender Documents.
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Default of the Contractor. 19.8.1 If the Contractor has failed to (i) conduct the Work in a diligent, skilful and workmanlike manner and in accordance with good oil field practice or (ii) if the Contractor’s equipment is not performing to the specification; or (iii) if the Contractor is otherwise in material default hereunder, the Company shall give the Contractor written notice in which the Company shall specify the cause of its dissatisfaction. Upon receipt of such written notification the Contractor shall (i) correct the working procedures of its personnel to ensure compliance with good oilfield practice, or (ii) repair or replace such faulty equipment, or (iii) remedy its default hereunder. 19.8.2 Should the Contractor fail or refuse to remedy or fail to commence to remedy the said cause of dissatisfaction within a period after receiving such notice as is set out in Part 3 of Schedule III, the Company shall be entitled, without prejudice to its rights under the Agreement or otherwise at law to (i) terminate the Agreement forthwith, or (ii) assume responsibility for supervising the Work and deduct the extra costs thereby reasonably incurred from the amounts payable to the Contractor, or (iii) take over the operation of the Contractor’s equipment at no extra cost whatsoever to the Company. The Contractor shall be paid therefore as if the Contractor was operating Contractor’s equipment, less the extra amounts incurred by the Company in taking over the operation. 19.8.3 Should the aforesaid cause of dissatisfaction be incapable of remedy by the Contractor, the foregoing requirement of notice of dissatisfaction shall be disregarded and the Company shall be entitled to exercise its rights under Article 19.8.2 forthwith.
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Default of the Contractor. 27.3.1 The Contractor shall, throughout the period of the Agreement, maintain the applicable classification or certification of the equipment. The Company may suspend the Work or terminate the Agreement forthwith due to the failure of the Contractor to maintain the classification or certification. 27.3.2 In the event of any of: (i) the breach by the Contractor of Article 18.1.4 (ii) the breach by the Contractor of any of the other terms and conditions of the Agreement; or (iii) the Contractor, its Affiliates, its or their agents or its or their sub-contractors, (a) fails to proceed with the Work with due diligence; or (b) Persistently or flagrantly neglects to carry out its or their obligations under the Agreement; or (c) fails to maintain an acceptable level of safety or to comply with the requirements of Article 9 hereof, or (d) fails to comply with any reasonable instructions given to it in writing by the Company’s representative in connection with the Work, or (iv) the Contractor subcontracts any part of the Work without the prior written consent of the Company; or (v) the Contractor abandons the Agreement, Then the Company may give notice in writing to the Contractor to make good such breach, failure, neglect, contravention or abandonment. Should the Contractor fail to commence to remedy or refuse or fail to prove to the Company’s satisfaction that it has taken and is continuing to take measures to remedy the matters specified in the notice within a period of not more than seven (7) days, or such other period as the Company may stipulate in the notice, the Company shall have the right to terminate the Agreement forthwith upon expiry of the period of notice or upon such later date determined by the Company. 27.3.3 In the event of termination in accordance with the provisions of this Article 27.3 the Company shall not be liable for any further payment to the Contractor other than any payment, which may be due in respect of work done prior to the date of termination. 27.3.4 Unless early termination in accordance with the provisions of the Agreement, the Agreement shall terminate in any event on completion of the work in accordance with Article 3.1.
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Default of the Contractor. In the event that the Contractor shall fail to proceed with the work when and as directed by the Owner or the Architect or if the Contractor in the opinion of the Owner, shall fail to carry on the work with proper speed or if the Contractor shall otherwise fail to comply with the provisions of this Contract, the Owner, upon fourteen (14) days written notice to the Contractor, may declare the Contractor in default of this Contract and arrange for the work to be finished in such manner and method as may be deemed advisable by the Owner. If the Owner declares the Contractor in default, the Contractor shall be liable to the Owner for the cost of all additional architectural and engineering services necessary, in the Owner's opinion, as a result of such default. The Owner shall deduct from the contract consideration the cost of such additional services and, if the Owner has the work completed by other than the Contractor's surety, the actual cost of completion of all work covered by the Contract. If the unpaid balance of the contract consideration, including retainage from progress payments, is insufficient to pay such costs, then the Contractor, upon demand, shall pay the Owner the amount of such excess costs.
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Default of the Contractor 
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Related to Default of the Contractor

  • 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 ▇▇▇▇▇▇.

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11: (a) no Party shall be in breach of its obligations pursuant to this Agreement except to the extent that the performance of its obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) every Party shall be entitled to claim relief in relation to a Force Majeure Event in regard to its obligations, including but not limited to those specified under Article 4.5; (c) For avoidance of doubt, neither Party’s obligation to make payments of money due and payable prior to occurrence of Force Majeure events under this Agreement shall be suspended or excused due to the occurrence of a Force Majeure Event in respect of such Party. (d) Provided that no payments shall be made by either Party affected by a Force Majeure Event for the period of such event on account of its inability to perform its obligations due to such Force Majeure Event.

  • Notice of Default or Event of Default promptly, and in any event within five days after a Responsible Officer becoming aware of the existence of any Default or Event of Default or that any Person has given any notice or taken any action with respect to a claimed default hereunder or that any Person has given any notice or taken any action with respect to a claimed default of the type referred to in Section 11(f), a written notice specifying the nature and period of existence thereof and what action the Company is taking or proposes to take with respect thereto;

  • Landlord Default If Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement or any obligation of Landlord, if any, under any agreement affecting the Leased Property, the performance of which is not Tenant’s obligation pursuant to this Agreement, and any such default shall continue for a period of thirty (30) days after Notice thereof from Tenant to Landlord and any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct the same, Tenant may declare the occurrence of a “Landlord Default” by a second Notice to Landlord and to such Facility Mortgagee. Thereafter, Tenant may forthwith cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys’ fees and court costs) incurred by Tenant in curing the same, together with interest thereon (to the extent permitted by law) from the date Landlord receives Tenant’s invoice until paid, at the Overdue Rate. Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof. If Tenant and Landlord shall fail, in good faith, to resolve any such dispute within ten (10) days after Landlord’s Notice of dispute, either may submit the matter for resolution in accordance with Article 22.