Common use of Default Provisions Clause in Contracts

Default Provisions. Funding Recipient will be in default under this Funding Agreement if any of the following occur: A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient and State evidencing or securing Funding Recipient’s obligations; B. Making any false warranty, representation, or statement with respect to this Funding Agreement; C. Failure to operate or maintain Project in accordance with this Funding Agreement. D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. Failure to submit timely progress reports. F. Failure to routinely invoice State. G. Failure to meet any of the requirements set forth in Paragraph 8, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Funding Recipient and shall give Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Funding Recipient. If the Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following: a. Declare the funding be immediately repaid at the time of the default. b. Terminate the Funding Agreement. c. Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 6 contracts

Sources: Funding Agreement, Funding Agreement, Funding Agreement

Default Provisions. Funding Recipient Grantee will be in default under this Funding Agreement if any of the following occur: A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient Grantee and State evidencing or securing Funding RecipientGrantee’s obligations;. B. Making any false warranty, representation, or statement with respect to this Funding Agreement;, the application, or any documents filed to obtain grant funding. C. Failure to operate or maintain the Project in accordance with this Funding Agreement. D. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. Failure to submit timely progress reports. F. Failure to routinely invoice State. G. Failure to meet any of the requirements set forth in Paragraph 812, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Funding Recipient Grantee and shall give Funding Recipient Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Funding RecipientGrantee. If the Funding Recipient Grantee fails to cure the default within the time prescribed by the State, State may do any of the following: a. A. Declare the funding disbursed be immediately repaid at the time of the defaultrepaid. b. B. Terminate any obligation to make future payments to Grantee. C. Terminate the Funding Agreement. c. D. Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient ▇▇▇▇▇▇▇ agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 3 contracts

Sources: Subaward Agreement, Funding Agreement, Funding Agreement

Default Provisions. Funding Recipient will be in default under this Funding Agreement if any of the following occur: A. Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient and State evidencing or securing Funding Recipient’s obligations;. B. Making any false warranty, representation, or statement with respect to this Funding Agreement or the application filed to obtain this Funding Agreement;. C. Failure to provide public benefits or approved equivalent public benefits. D. Failure to operate or maintain Project project in accordance with this Funding Agreement. D. E. Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. F. Failure to submit timely progress reports. F. G. Failure to routinely invoice State. G. H. Failure to meet any of the requirements set forth in Paragraph 8, “8 (Continuing Eligibility.” ). Should an event of default occur, State shall provide a notice of default to the Funding Recipient and shall give Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Funding Recipient. If the Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following: a. I. Declare the funding be immediately repaid repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. b. J. Terminate any obligation to make future payments to Funding Recipient. K. Terminate the Funding Agreement. c. L. Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 2 contracts

Sources: Funding Agreement, Funding Agreement

Default Provisions. Funding Recipient will be in default under this Funding Agreement if any of the following occur: A. : Substantial breaches of this Funding Agreement, or any supplement or amendment to it, or any other agreement between Funding Recipient and State evidencing or securing Funding Recipient’s obligations; B. ; Making any false warranty, representation, or statement with respect to this Funding Agreement or the application filed to obtain this Funding Agreement; C. ; Failure to operate or maintain Project project in accordance with this Funding Agreement. D. . Failure to make any remittance required by this Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. . Failure to submit timely progress reports. F. . Failure to routinely invoice State. G. . Failure to meet any of the requirements set forth in Paragraph 812, “Continuing Eligibility.” Should an event of default occur, State shall provide a notice of default to the Funding Recipient and shall give Funding Recipient at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Funding Recipient. If the Funding Recipient fails to cure the default within the time prescribed by the State, State may do any of the following: a. : Declare the funding be immediately repaid repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. b. . Terminate any obligation to make future payments to Funding Recipient. Terminate the Funding Agreement. c. . Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Funding Agreement in the manner provided by law, Funding Recipient agrees to pay all costs incurred by State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Funding Agreement