District Default. Material failure of District, which has neither been remedied nor waived, to pay the Design-Build Entity as required by the Contract, provided that failure is the cause of the failure of Design-Build Entity to pay the Claimants and is sufficient to justify termination of the Contract.
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District Default. Material failure of District, which has neither been remedied nor waived, to pay the Design-Build Entity as required by progress payments due under the Contract or to perform other material terms of the Contract, provided that if such failure is the cause of the failure of asserted Design-Build Entity to pay the Claimants Default and is sufficient to justify Design-Build Entity termination of the Contract.
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Sources: Construction Performance Bond