Common use of Material Breach of Contract Clause in Contracts

Material Breach of Contract. The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, take any or all of the following actions: a) Terminate the Contract immediately, pursuant to Section K herein. In the event the County exercises its right to terminate the Contract due to Contractor’s lack of compliance with the schedule of capital improvements, as set forth in more detail in Attachment A, Contractor shall pay all funds provided to the Contractor under this Contract; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

Appears in 1 contract

Sources: Capital Improvement Project Agreement

Material Breach of Contract. The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, take any or all of the following actions: a) Terminate the Contract immediately, pursuant to Section K herein. In the event the County exercises its right to terminate the Contract due to Contractor’s lack of compliance with the schedule of capital improvements, as set forth in more detail in Attachment A, Contractor shall pay all funds provided to the Contractor under this Contract; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; andand/or d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

Appears in 1 contract

Sources: Capital Improvement Contract