Common use of Events of Default by Contractor Clause in Contracts

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 events or conditions shall constitute an "Event of Default" by Contractor: (i) : the standards of comfort and service set forth in Schedule I 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 twenty-one (21) __ days after written notice by Owner Agency to Contractor demanding that such failure be cured, shall be deemed cured for purposes 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; ; 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 (iiiEquipment to be Installed by Contractor) and Schedule S (Construction and Installation Schedule); provided that the operation of the facility is not adversely affected and provided that the standards of comfort in Schedule U (Standards of Comfort in Schedule I Comfort) 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 by the Agency 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 vendor of Contractor which is not released in thirty (30) days after notice of said filing; (v) Contractor; the filing of a bankruptcy petition whether by Contractor or its creditors against Contractor which proceeding shall not have been dismissed within ninety (90) within_____ 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, the Agency or perform any material obligation under the terms of this Contract, unless such amount due Contract or failure to perform is excused pursuant to the provisions of this ContractEnergy and Cost Savings Guarantee as set forth in Schedule A (Savings Guarantee).

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. 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 I U (Standards of Comfort) are not provided due to failure of Contractor to properly design, design and install, maintain, repair or adjust the Equipment except that such failure, if corrected or cured within twenty-one (21) 14 days after written notice by Owner Agency to Contractor demanding that such failure be cured, shall be deemed cured for purposes 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) [deleted]; iv) provided that the operation of the facility is not adversely affected and provided that the Standards of Comfort in Schedule I are maintainedwhich case Contractor shall have a fourteen day cure period, 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) 30 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 ContractContract unless such failure cannot be completely cured within thirty days, in which case a default shall exist only if Contractor does not commence and diligently cure such failure as soon as possible; (ivv) any lien or encumbrance upon the equipment by any subcontractor, laborer or material man vendor of Contractor which is filed and not released in discharged or bonded over within thirty (30) days after notice of said filingdays; (vvi) 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. (vivii) failure by the Contractor to pay any amount due that is not in dispute, the Agency or perform any material obligation under the terms of this Contract, unless such amount due Contract or failure to perform is excused pursuant to the provisions of this ContractEnergy and Cost Savings Guarantee as set forth in Schedule A (Savings Guarantee).