Failure to Carry Out Work Clause Samples

The "Failure to Carry Out Work" clause defines the consequences and procedures that apply when a party does not perform their contractual obligations as agreed. Typically, this clause outlines the steps the non-breaching party can take, such as issuing a notice of default, providing an opportunity to remedy the failure, or seeking compensation for losses incurred. Its core practical function is to ensure accountability and provide a clear process for addressing non-performance, thereby protecting the interests of the party expecting the work to be completed.
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Failure to Carry Out Work. If and to the extent that the Contractor fails to carry out Outstanding Work to the Authority's reasonable satisfaction within the period specified in Clause 79.3.2, the Authority shall be entitled to carry out itself, or procure, such rectification and/or maintenance work at the Contractor’s expense and shall make withdrawals from the Retention Fund Account or, where there is insufficient funds in the Retention Fund Account, make deductions from the Unitary Charge to pay for such rectification and/or maintenance work or recover such amounts from the Contractor as a debt payable on demand.
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Failure to Carry Out Work. If defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of the Contract, District, after seven (7) days' written notice to and without prejudice to any other remedy District may have, may make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due .
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Failure to Carry Out Work. If and to the extent that the Contractor fails to carry out the necessary rectification and/or maintenance work to the Required Standard within the specified period as notified pursuant to Clause 41.5.2, the Authority shall be entitled to carry out itself, or procure, such rectification and/or maintenance work to the Required Standard at the Contractor’s expense and shall be entitled to make withdrawals from the Retention Fund Account or, where there are insufficient funds in the Retention Fund Account, make deductions from the Unitary Charge to pay for such work provided that the costs incurred by the Authority shall be reasonable and properly and necessarily incurred. Deductions made to the Unitary Charge pursuant to this Clause 41.8 shall not count towards percentage reductions for the purposes of Clauses 35 (Termination) and 37 (Warning Notices).
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Failure to Carry Out Work. 18.1 If the Council considers that the Developer is in breach of any obligation under this Agreement relating to the carrying out of any Work, the Council may elect to give the Developer a notice requiring: 18.1.1 the carrying out of further work relating to the Work to immediately cease except in relation to the rectification of the breach, and 18.1.2 the breach to be rectified to the Council’s satisfaction. 18.2 A notice given under clause 18.1 is to allow the Developer a period of not less than 28 days or such further period as the Council considers reasonable in the circumstances to rectify the breach. 18.3 Without limiting any other rights the Council has to enforce this Agreement, the Council may, if the Developer does not comply with a notice given under clause 18.1: 18.3.1 call upon a Contribution Security referred to in clause 24, and 18.3.2 carry out and complete the Work the subject of the Developer’s breach. 18.4 Clause 31 and Schedule 2 do not prevent a notice being given under clause 18.1 and do not apply to such a notice or the circumstances relating to the giving of that notice, and any procedure commenced under Schedule 2 ceases to apply when such a notice is given.
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Failure to Carry Out Work. 15.1 If the Council considers that the Project Manager is in breach of any obligation under this Agreement relating to the carrying out of any Work, the Council may elect to give the Project Manager, the Applicant, the Developer and ▇▇▇▇▇ & ▇▇▇▇▇▇▇ a notice requiring: 15.1.1 the carrying out of further work relating to the Work to immediately cease except in relation to the rectification of the breach, and 15.1.2 the breach to be rectified to the Council’s satisfaction, or 15.2 The Council is not required to give the Applicant, the Project Manager, the Developer or ▇▇▇▇▇ & ▇▇▇▇▇▇▇ a notice under clause 15.1 as a pre-condition to calling-up the Charge referred to in clause 25 in relation to the Project Manager’s breach. 15.3 A notice given under clause 15.1 is to allow the Project Manager a period of not less than 28 days or such further period as the Council considers reasonable in the circumstances to rectify the breach. 15.4 Without limiting any other rights the Council has to enforce this Agreement, the Council may, if the Project Manager does not comply with a notice given under clause 15.1: 15.4.1 call upon the Charge referred to in clause 25, and 15.4.2 carry out and complete the Work the subject of the Project Manager’s breach. 15.5 Clauses 29 and 30 do not prevent a notice being given under clause 15.1 and do not apply to such a notice or the circumstances relating to the giving of that notice, and any procedure commenced under clause 29 or clause 30 ceases to apply when such a notice is given.
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Related to Failure to Carry Out Work

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Produce In the event the Buyer fails to produce the aforementioned letter or other acceptable verification by the date above in Section IV(c), this Agreement may be terminated at the election of the Seller with written notice provided to the Buyer within calendar days from the date in Section IV(c);

  • Failure to Complete If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project will be the City’s property. The City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner the City deems appropriate.