Failures to Perform Clause Samples
The 'Failures to Perform' clause defines the consequences and procedures when a party does not fulfill its contractual obligations. Typically, this clause outlines what constitutes a failure, the steps required for notification, and any opportunities for the defaulting party to remedy the breach within a specified period. Its core function is to provide a clear framework for addressing non-performance, thereby reducing uncertainty and helping both parties manage risks associated with unmet obligations.
Failures to Perform. (i) In addition to other remedies provided in this Agreement, if Manager fails to perform its obligations under this Agreement, then, unless otherwise agreed, City may perform whatever action is reasonably necessary to cure the problem at the expense of Manager, provided that:
(ii) City has provided written notice to Manager specifying the action requested and Manager has not commenced the requested work within ten (10) business days following the mailing of such notice by City; or
(iii) City has provided written notice to Manager specifying the action requested and Manager has not completed the requested work within thirty (30) business days following the mailing of such notice by City; provided, in the event that the requested work requires more than thirty (30) business days to complete, Manager shall have a reasonable amount of time to complete the work so long as such work is pursued in a diligent manner. This Section is not to be construed to restrict City’s rights and remedies under other Sections of this Agreement. Before Manager shall be required to reimburse City for actions done and expenses made arising out of the failure of Manager to comply with this Agreement, City shall provide Manager an itemized invoice with reasonable supporting documentation. Manager shall reimburse City within ten (10) business days following its receipt of such invoice.
Failures to Perform. If an LDS Agency alleges that another LDS Agency or the CDD Administrator is in some way not fulfilling applicable requirements of this Agreement, notice must be provided to the alleged non-performing party with a copy to the Governing Board. The alleged failure to perform shall be treated as a dispute and addressed pursuant to Section IX.A, above. If the alleged failure to perform continues notwithstanding the decision of the Governor's Deputy Chief of Staff for Education, a Party may petition the Office of the Attorney General to institute such enforcement measures as are available under law. Furthermore, the Governing Board may define sanctions for an LDS Agency’s failure to comply with the terms and conditions of this Agreement, which may include, without limitation, restricting an LDS Agency from receiving data from the CDD.
Failures to Perform a. If, in the opinion of Contractor, Subcontractor shall at any time (1) refuse or fail to provide sufficient properly skilled workmen or materials of the proper quality, (2) fail in any respect to prosecute the Work according to the Project Schedule, (3) stop, delay, or interfere with the work of Contractor or any other builder or subcontractor, (4) fail to comply with all provisions of this Subcontract or the Contract Documents as incorporated herein, (5) be adjudged a bankrupt, or make a general assignment for the benefit of its creditors, (6) have a receiver appointed, or (7) become insolvent or a debtor in reorganization proceedings, then, after serving three (3) days written notice, unless the condition specified in such notice shall have been eliminated with such three (3) days, the Contractor may at its option (i) without voiding the other provisions of the Subcontract and without notice to the sureties, take such steps as are necessary to overcome the condition, in which case the Subcontractor shall be liable to Contractor for the cost thereof; (ii) terminate for default the Subcontractor's right to proceed under the Subcontract, or (iii) seek specific performance of Subcontractor's obligations hereunder, it being agreed by Subcontractor that specific performance may be necessary to avoid irreparable harm to Contractor and/or Owner.
b. In the event of termination for default, Contractor may, at its option, (1) enter on the premises and take possession, for the purpose of completing the Work, of all materials and equipment of Subcontractor, (2) require Subcontractor to assign to Contractor any or all of its subcontracts or purchase orders involving the Project; or (3) complete the Work either by itself, or through others, by whatever method Contractor may deem expedient. In case of termination for default, Subcontractor shall not be entitled to receive any further payment until the Work shall be fully completed and accepted by Owner.
c. If the Owner terminates any portion of the prime agreement with Contractor which includes the Work, then the Subcontract shall be similarly terminated and Subcontractor shall be entitled to such relief as may be granted to Contractor on Subcontractor’s behalf consistent with Articles 1, 7 and 8 of the Subcontract.
d. In the event of termination for default or any other reason, the provisions of this Subcontract concerning the subcontractor’s liability, indemnity and insurance obligations shall remain in full force a...
Failures to Perform a. If, in the opinion of Contractor, Subcontractor shall at any time (1) refuse or fail to provide sufficient properly skilled workmen or materials of the proper quality, (2) fail in any respect to prosecute the Work according to the Project Schedule, (3) stop, delay, or interfere with the work of Contractor or any other builder or subcontractor, (4) fail to comply with all provisions of this Subcontract, an individual Work Order or the Contract Documents as incorporated therein, (5) be adjudged a bankrupt, or make a general assignment for the benefit of its creditors,