Common use of Events of Default by Contractor Clause in Contracts

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 (60) days, or (c) any action or answer by the Contractor or the Guarantor approving of, consenting to, or acquiescing in, any such proceeding, or (d) the levy of any distress, execution or attachment upon the property of the Contractor or the Guarantor which shall substantially interfere with its performance hereunder; provided, however, that with respect to the Contractor only under this Section 30.A.3, an Event of Default on the part of the Contractor under this Section 30.A.3 shall not be deemed to have occurred if caused primarily by an Event of Default on the part of the County under Section 30.B.2 4. The default of the Guarantor under the Guarantee.

Events of Default by Contractor. The following shall constitute Events of Default Except to the extent caused by the Contractor: 1. Persistent occurrence of an Uncontrollable Circumstance or the City's fault, any unwarranted and repeated intentional neglect, failure or refusal of the Contractor to perform timelycomply with any material provision of the this Agreement within 30 days after written notice from the City setting forth the specific provision and noncompliance, any obligation said notice to be mailed to Contractor as provided herein, the City, upon notice to the Contractor and hearing, may, for good cause declare this Agreement forfeited and exclude the Contractor from further use Of the City streets and the Contractor shall thereupon surrender all rights in and 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 21.2.1 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 receiverreceiver trustee, trustee or liquidator for a substantial part of its property, ; or (b) a bankruptcy, winding up, reorganization, insolvency, arrangement arrangement, or similar proceeding instituted by or against the Contractor or the Guarantor 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 proceeding has proceedings have not been dismissed within sixty one-hundred and twenty (60120) days, Days of the institution of such proceedings; or (c) any action or answer by the Contractor or the Guarantor approving ofapproving, consenting to, or acquiescing in, any such proceeding, proceedings; or (d) the levy event of any distress, execution execution, or attachment upon the property of the Contractor or the Guarantor which shall substantially interfere with its performance hereunder; provided. 21.2.2 The City shall, howeveras soon as practical, that notify Contractor of any failure on Contractor's part to comply with respect to the terms of this Agreement. After receipt of notice from the City, Contractor only under this Section 30.A.3shall acknowledge receipt of such notice and shall promptly provide the City with notice of what corrective action has or shall be taken by the Contractor, an Event of Default on the part within a reasonable time, in light of the Contractor under this Section 30.A.3 shall not be deemed to have occurred if caused primarily by an Event of Default on the part of the County under Section 30.B.2 4. The default of the Guarantor under the Guaranteecircumstances.