Common use of Repeated Failure Constituting Material Breach Clause in Contracts

Repeated Failure Constituting Material Breach. If the System fails to perform properly in accordance with the system acceptance for a second time, NYSDOT may determine that such failure constitutes a material default under this Agreement for the purposes of the Suspension and Termination provisions of this Agreement or as provided elsewhere within the legally binding contract documents, or NYSDOT, at its sole discretion, may afford the Consultant with additional opportunity to cure the default.

Repeated Failure Constituting Material Breach. If the System fails to perform properly in accordance with the system acceptance for a second time, NYSDOT may determine that such failure constitutes a material default under this Agreement for the purposes of the Suspension default and Termination termination provisions of this Agreement or as provided elsewhere within the legally binding contract documentsAgreement, or NYSDOT, at its sole discretion, may afford the Consultant with additional opportunity to cure the default.

Repeated Failure Constituting Material Breach. If the System fails to perform properly in accordance with the system acceptance for a second time, NYSDOT may determine that such failure constitutes a material default under this Agreement for the purposes of the Suspension default and Termination termination provisions of this Agreement or as provided elsewhere within the legally binding contract documents, or NYSDOT, at its sole discretion, may afford the Consultant with additional opportunity to cure the default.