Common use of Default Provisions Clause in Contracts

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: 1. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; 2. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; 3. Failure to operate or maintain project in accordance with this Grant Agreement. 4. Failure to make any remittance required by this Grant Agreement. 5. Failure to comply with Labor Compliance Plan requirements. 6. Failure to submit timely progress reports. 7. Failure to routinely invoice the State. 8. Failure to meet any of the requirements set forth in Paragraph 13, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: 9. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. 10. Terminate any obligation to make future payments to the Grantee. 11. Terminate the Grant Agreement. 12. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 4 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Default Provisions. The Grantee is subject to the following default provisions: a) The Grantee (and Local Project Sponsors receiving grant funding through this Grant Agreement) will be in default under this Grant Agreement if any of the following occur: 1. ) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. 2. ) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement;. 3. Failure to operate or maintain project in accordance with this Grant Agreement. 4. ) Failure to make any remittance required by this Grant Agreement. 5. Failure to comply with Labor Compliance Plan requirements. 6. 4) Failure to submit timely progress reports. 7. 5) Failure to routinely invoice the State. 8. 6) Failure to meet any of the requirements set forth in Paragraph 1311, “Continuing Eligibility.” b) Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: 9. 1) Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. 10. 2) Terminate any obligation to make future payments to the Grantee. 11. 3) Terminate the Grant Agreement. 12. 4) Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

Default Provisions. The Grantee will be in default under this Grant Agreement if any of the following occur: 1. A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; 2. B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; 3. C. Failure to operate or maintain project in accordance with this Grant Agreement. 4. D. Failure to make any remittance required by this Grant Agreement. 5. E. Failure to comply with Labor Compliance Plan requirements. 6. F. Failure to submit timely progress reports. 7. G. Failure to routinely invoice the State. 8. H. Failure to meet any of the requirements set forth in Paragraph 1312, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: 9. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. 10. B. Terminate any obligation to make future payments to the Grantee. 11. C. Terminate the Grant Agreement. 12. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee is subject to the following default provisions: a) The Grantee will be in default under this Grant Agreement if any of the following occur: 1. Substantial breaches (i) Any breach of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. 2. (ii) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; 3. Failure to operate or maintain project in accordance with this Grant Agreement. 4. (iii) Failure to make any remittance required by this Grant Agreement. 5. Failure to comply with Labor Compliance Plan requirements. 6. (iv) Failure to submit timely progress reports. 7. (v) Failure to routinely invoice the State. 8. Failure to meet any of the requirements set forth in Paragraph 13, “Continuing Eligibility.” b) Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten thirty (1030) calendar days to cure the default from the date the notice is sent via first-class mail to the GranteeGrantee in accordance with Paragraph 15, Notices. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any one or more of the following: 9. (i) Declare the funding all grant funds previously disbursed to Grantee to be immediately repaiddue and repayable, together with interestinterest since the time of the first disbursement, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. 10. (ii) Terminate any obligation to make future payments to the Grantee. 11. (iii) Terminate the Grant Agreement. 12. (iv) Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the any manner provided by law, the Grantee ▇▇▇▇▇▇▇ agrees to pay all costs incurred by the State including, including but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement

Default Provisions. The Grantee Funding Recipient will be in default under this Grant Funding Agreement if any of the following occur: 1. A. Substantial breaches of this Grant Funding Agreement, or any supplement or amendment to it, or any other agreement between the Grantee Funding Recipient and the State evidencing or securing the GranteeFunding Recipient’s obligations; 2. B. Making any false warranty, representation, or statement with respect to this Grant Funding Agreement or the application filed to obtain this Grant Funding Agreement; 3. C. Failure to operate or maintain project the Project in accordance with this Grant Funding Agreement. 4. D. Failure to make any remittance required by this Grant Funding Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. 5. Failure to comply with Labor Compliance Plan requirements. 6. E. Failure to submit timely progress reports. 7. F. Failure to routinely invoice the State. 8. Failure to meet any of the requirements set forth in Paragraph 13, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee Funding Recipient and shall give the Grantee 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 GranteeFunding Recipient. If the Grantee Funding Recipient fails to cure the default within the time prescribed by the State, the State may do any of the following: 9. A. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of the default. 10. B. Terminate any obligation to make future payments to the GranteeFunding Recipient. 11. C. Terminate the Grant Funding Agreement. 12. D. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Funding Agreement in the manner provided by law, the Grantee Funding Recipient agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Funding Agreement

Default Provisions. The Grantee (and a Local Project Sponsor receiving grant funding through this Grant Agreement) will be in default under this Grant Agreement if any of the following occur: 1. a) Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;. 2. b) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; 3. Failure to operate or maintain project in accordance with this Grant Agreement. 4. c) Failure to make any remittance required by this Grant Agreement. 5. d) Failure to comply with Labor Compliance Plan requirementsProgram requirements (Paragraph 17). 6. e) Failure to submit timely progress reports. 7. f) Failure to routinely invoice the State. 8. g) Failure to meet any of the requirements set forth in Paragraph 1314, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: 9. a) Declare the funding be immediately repaid, with interest, which shall be equal to at the State of California general obligation bond interest rate in effect at the time the State notifies the Grantee of the default. 10. b) Terminate any obligation to make future payments to the Grantee. 11. c) Terminate the Grant Agreement. 12. d) Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs.

Appears in 1 contract

Sources: Grant Agreement