Events of Default by Contractor Clause Samples

Events of Default by Contractor. Each of the following events or conditions shall constitute an "Event of Default" by Contractor: (i) the standards of comfort and service set forth in Schedule I are not provided due to failure of Contractor to properly design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within twenty-one (21) days after written notice by Owner to Contractor demanding that such failure be cured, shall be deemed cured for purposes of this Contract. (ii) any representation or warranty furnished by Contractor in this Contract is false or misleading in any material respect when made; (iii) provided that the operation of the facility is not adversely affected and provided that the Standards of Comfort in Schedule I are maintained, any material failure by Contractor to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except that such failure, if corrected or cured within thirty (30) days after written notice to Contractor demanding that such failure to perform be cured, shall be deemed cured for purposes of this Contract; (iv) any lien or encumbrance upon the equipment by any subcontractor, laborer or material man of Contractor which is not released in thirty (30) days after notice of said filing; (v) the filing of a bankruptcy petition whether by Contractor or its creditors against Contractor which proceeding shall not have been dismissed within ninety (90) days of its filing, or an involuntary assignment for the benefit of all creditors or the liquidation of Contractor. (vi) failure by the Contractor to pay any amount due that is not in dispute, or perform any material obligation under the terms of this Contract, unless such amount due or failure to perform is excused pursuant to the provisions of this Contract.

Events of Default by Contractor. Each of the following shall constitute a default by Contractor under this Agreement: (a) Contractor fails on three (3) or more occasions to perform its material obligations under this Agreement and fails to commence corrective action within ninety (90) Days after Contractor’s receipt of a Notice by Owner identifying the repeated failures on the part of Contractor; or (b) Contractor fails to comply with Applicable Law which results in a material adverse effect on any Decommissioning Project, and Contractor fails to remedy such failure within ninety (90) Days after Contractor’s receipt of a Notice by Owner describing the occurrence or existence of such failure or, if such remedy cannot reasonably be completed within such period, Contractor fails to promptly commence and diligently pursue remedial action within such ninety (90) Day period and conclude such action as soon as practicable.

Events of Default by Contractor. The following shall each constitute an event of default by Contractor (“Contractor Event of Default”): (a) Contractor breaches any non-monetary material obligation under the Agreement, and fails to cure such breach within thirty (30) Business Days after notification by User of the breach; (b) Contractor fails to make any payment due under this Agreement (i.e. amounts payable to User for any Production Shortfall pursuant to Section 5.6(b) and Indemnification pursuant to Section 11.2 or 11.3) within forty-five (45) Business Days after such payment is due unless such payment is contested or a right of set-off has been claimed by Contractor; (c) If any material representation or warranty made by Contractor in Article X (Representations and Warranties; User Acknowledgement) of this Agreement proves to have been misleading or false in any material respect when made and such Party does not cure the underlying facts so as to make such representation or warranty correct and not misleading within ten (10) Business Days of written notice from the other Party; (d) Contractor becomes Bankrupt; (e) Contractor fails to provide or maintain in full force and effect any required insurance, if such failure is not remedied within three (3) Business Days after receipt of written notice from the User; (f) failure by the Contractor to commence construction of the PV System on or before the Outside Construction Commencement Date, or achieve Commercial Operation of the PV System on or before the Outside Commercial Operation Date; (g) For any reason other than an event of Force Majeure, Contractor is unable to provide Net Energy to User for sixty (60) consecutive days in any three hundred sixty-five (365) day period commencing on the Commercial Operation Date and prior to the expiration of this Agreement, provided, however, that Contractor shall have thirty (30) days to cure such default if Contractor is using Commercially Reasonable efforts to cure such Contractor Event of Default during the original sixty (60) day period; (h) Contractor consolidates or amalgamates with, or merges with or into, or transfers all or substantially all of its assets to, another entity, and the resulting, surviving or transferee entity fails to assume, effective immediately upon the effectiveness of such consolidation, amalgamation, merger or transfer, each and all of the obligations of Contractor under this Agreement; or (i) Any other material breach of this Agreement not specifically enumerated above...

Events of Default by Contractor. A. Each of the following events or conditions shall constitute an "Event of Default" by Contractor: i) the standards of comfort and service set forth in Schedule U (Standards of Comfort) are not provided due to failure of Contractor to properly design, install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within 45 days after written notice by Agency to Contractor demanding that such failure be cured, shall be deemed cured for purposed of this Contract. ii) any representation or warranty furnished by Contractor in this Contract is false or misleading in any material respect when made; iii) failure to furnish and install the Equipment and make it ready for use within the time specified by this Contract as set forth in Schedule R (Equipment to be Installed by Contractor) and Schedule S (Construction and Installation Schedule); iv) provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule U (Standards of Comfort) are maintained, any failure by Contractor to perform or comply with the terms and conditions of this Contract, including breach of any covenant contained herein except that such failure, if corrected or cured within 45 days after written notice by the Agency to Contractor demanding that such failure to perform be cured, shall be deemed cured for purposes of this Contract;

Events of Default by Contractor. The following shall constitute Events of Default by the Contractor: 1. Persistent and repeated failure or refusal of the Contractor to perform timely, any obligation under this Agreement, unless such failure or refusal is clearly recognized, justified and excused by the terms and conditions of this Agreement, provided, however, insofar as such failure or refusal relates to payment obligations of the Contractor, Section 30.A.2 shall govern. 2. Failure of the Contractor to pay amounts owed to the County under this Agreement within thirty (30) days following the date they become due and owing. 3. The Contractor's or the Guarantor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, or (b) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding instituted by or against the Contractor or the Guarantor under the laws of any jurisdiction, which proceeding has not been dismissed within sixty

Events of Default by Contractor. Except to the extent caused by the occurrence of an Uncontrollable Circumstance or the County’s fault, any unwarranted and intentional neglect, failure or refusal of the Contractor to comply with any material provision of the Amendment of the Gwinnett County Solid Waste Collection And Disposal Services Ordinance entered March 2, 2010 (“2010 Ordinance”), as amended, or this Contract within 30 days after written notice from the County setting forth the specific provision and noncompliance, 29.2.1 The Contractor being insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver trustee, or liquidator for a substantial part of its property; or a bankruptcy, winding up, reorganization, insolvency, arrangement, or similar proceeding instituted by the Contractor, under the laws of any jurisdiction, or against the Contractor, if the Contractor does not take the appropriate action to dismiss said proceedings; which proceedings have not been dismissed within one-hundred and twenty (120) Days of the institution of such proceedings; or any action or answer by the Contractor approving, consenting to, or acquiescing in, any such proceedings; or the event of any distress, execution, or attachment upon the property of the Contractor which shall substantially interfere with its performance hereunder.

Events of Default by Contractor. The occurrence of any of the following at any time during the Term shall constitute an Event of Default (herein, an “Event of Default”) by Contractor:

Events of Default by Contractor. Contractor shall be in default hereunder upon the occurrence of any one of the following events, which shall be events of default (each an "Event of Contractor Default") if not cured within ten (10) days following delivery to Contractor of a notice of such event from Owner, or, if capable of being cured but not within such ten (10) day period, if Contractor has not commenced the cure within such period and does not thereafter diligently pursue such cure or such cure shall not have been accomplished within 21 days of the occurrence of such event, provided that (i) each of the events described in Sections 16.1.1, 16.1.2, 16.1.3, 16.1.4, 16.1.5, 16.1.7, or 16.

Events of Default by Contractor. Each of the following shall constitute a breach of this Agreement by Contractor and, in the event that Contractor fails to cure said breach within the applicable period, if any, it shall be deemed an Event of Default by Contractor: (A) Contractor fails to timely deliver any or all of the Statement of Work, as specified in Exhibit A (“Statement of Work”), and Contractor fails to cure such failure to deliver within five (5) days after written notice; (B) Contractor fails to observe or perform any of the other covenants, conditions or provisions of this Agreement, including but not limited to the failure to supply a sufficient number or amount of properly skilled personnel, or failure in any respect to execute the Work with promptness and diligence, and fails to cure such default within ten (10) days after written notice; (C) Contractor is declared insolvent, a receiver is appointed, the interest of Contractor in this Agreement is levied upon under execution or other legal process, or petition is filed by or against Contractor to declare Contractor bankrupt or seeking a plan of reorganization or arrangement under any Chapter of the Bankruptcy Act and such action is not dismissed within ten (10) days thereof; or, (D) In the event that this Agreement regards a Government Contract, any suspension, debarment, disqualification, and/or initiation of investigation or disciplinary procedure of the Contractor, and/or any subsidiary, parent, or related entity, or any matter that by the passage of time would affect the foregoing, such that the Contractor’s eligibility to contract and/or proceed under the Government Agreement, and/or the business reputation of Contractor, is materially and adversely affected, in the reasonable determination of PARCC.