Common use of Events of Default for the Contractor Clause in Contracts

Events of Default for the Contractor. Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the following events, acts, or omissions, shall include but are not limited to, breach of material duties and events of default: 12.2.1 Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make payment to any other entities as required herein in connection with the Contract; 12.2.2 Failure to complete and maintain, within the timeframes specified between the Department and the Contractor, the implementation, ongoing performance, maintenance, and provision of Services; 12.2.3 Failure to timely deliver a Deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Contract; 12.2.4 Failure to abide by any statutory, regulatory, or licensing requirement; 12.2.5 One or more of the following circumstances, uncorrected for more than thirty (30) days unless within the specified thirty (30) day period, the Contractor (including its receiver or trustee in bankruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its obligations under the Contract: 12.2.5.1 Entry of an order for relief under Title 11 of the United States Code; 12.2.5.2 The making by the Contractor of a general assignment for the benefit of creditors; 12.2.5.3 The appointment of a general receiver or trustee in bankruptcy of the Contractor’s business or property; or 12.2.5.4 An action by the Contractor under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 12.2.6 Entry of an order revoking the certificate of authority granted to the Contractor by the State of Florida or other licensing authority; 12.2.7 The Contractor makes or has made an intentional material misrepresentation or engages in intentional torts, willful misconduct (including intentional breach of contract), unlawful conduct or gross negligence in relation to the contract, or fails to maintain the required insurance; or 12.2.8 The Contractor is sold offshore, meaning the transfer or sale of more than 49.9% of its equity shareholder interests or sale of substantially all of its assets, to a corporation or other entity owned by more than 49.9% of its equity shareholder interests outside the United States (“Offshore”).