Common use of Default of the Contractor Clause in Contracts

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 trustee of any part of Guarantor property; or, an assignment by Guarantor for the benefit of creditors; or, the taking possession of the property of Guarantor by any local, state or federal governmental officer or agency or court-appointed official for the dissolution or liquidation of Guarantor or for the operating, either temporary or permanent, of Guarantor 's business, provided, however, that if any such action is commenced against Guarantor, the same shall not constitute an Event of Default if Guarantor causes the same to be dismissed or discharged within sixty (60) Days after the filing of same; and/or (e) Contractor fails to fulfill any other terms, conditions, obligations or covenants contained in this Agreement, including Section 2.03 (Economic Opportunity Plan) provided such failure to comply with Section 2.03 was not the direct result of a default of the M/W/DSBE subcontractor(s) in the performance of contractual obligations to the Contractor.

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 three (13) consecutive day days 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 trustee of any part of Guarantor property; or, an assignment by Guarantor for the benefit of creditors; or, the taking possession of the property of Guarantor by any local, state or federal governmental officer or agency or court-appointed official for the dissolution or liquidation of Guarantor or for the operating, either temporary or permanent, of Guarantor 's business, provided, however, that if any such action is commenced against Guarantor, the same shall not constitute an Event of Default if Guarantor causes the same to be dismissed or discharged within sixty (60) Days after the filing of same; and/or (e) Contractor fails to fulfill any other terms, conditions, obligations or covenants contained in this Agreement, including Section 2.03 (Economic Opportunity Plan.) provided such failure to comply with Section 2.03 was not the direct result of a default of the M/W/DSBE subcontractor(s) in the performance of contractual obligations to the Contractor.

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(53.01(5) an Event of Default shall occur immediately if Contractor is unable to accept Municipal Solid Waste from City for more than one three (13) consecutive day days 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(53.01(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 trustee of any part of Guarantor property; or, an assignment by Guarantor for the benefit of creditors; or, the taking possession of the property of Guarantor by any local, state or federal governmental officer or agency or court-appointed official for the dissolution or liquidation of Guarantor or for the operating, either temporary or permanent, of Guarantor 's business, provided, however, that if any such action is commenced against Guarantor, the same shall not constitute an Event of Default if Guarantor causes the same to be dismissed or discharged within sixty (60) Days after the filing of same; and/or (e) Contractor fails to fulfill any other terms, conditions, obligations or covenants contained in this Agreement, including Section 2.03 5.03 (Economic Opportunity Plan) provided such failure to comply with Section 2.03 5.03 was not the direct result of a default of the M/W/DSBE subcontractor(s) in the performance of contractual obligations to the Contractor.