Service Provider Default Clause Samples

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Service Provider Default. Each of the following constitutes a default by Service Provider (“Service Provider Default”): (a) if Service Provider fails to perform or comply with any other obligation of Service Provider under this Agreement within thirty (30) days after receipt of written notice from Customer; provided, however, that if within that thirty (30)-day period, Service Provider commences and thereafter diligently pursues a cure such default, such thirty (30)-day cure period shall be extended for so long as Service Provider continues to diligently pursue a cure; (b) if Service Provider files a voluntary petition in bankruptcy or is adjudicated a bankrupt or insolvent, or files any petition or answer seeking an arrangement, composition, liquidation or dissolution under any present or future Federal, State, provincial, or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or shall seek or consent to or acquiesce in the appointment of a trustee, receiver or liquidator of Service Provider or of all or a substantial part of its assets, or shall make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or (c) if a court enters an order, judgment or decree approving a petition filed against Service Provider seeking an arrangement, composition, liquidation, dissolution or similar relief under the present or future Federal, State or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and the order, judgment or decree remains un-vacated or un-stayed for sixty (60) days. If a Service Provider Default occurs, Customer may, in addition to or in conjunction with any claim for damages for breach of agreement or any other rights or remedies it may have under this MCSA and any Agreement hereunder, at law or in equity terminate the Agreement solely with respect to the Agreement under which such Service Provider Default occurred.
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Service Provider Default. 1.1.1 If the Contracting Authority terminates this Agreement in the event of a Service Provider Event of Default, the Contracting Authority shall, to the extent permitted under Applicable Law, pay to the Service Provider a compensation amount equal to the aggregate sum of: (a) [•] percent ([•]%)56 of the Outstanding Senior Debt; less The World Bank | ▇▇▇▇▇▇▇.▇▇▇ 56 To be adjusted depending on the jurisdiction. In most developing countries, haircut on debt will not be accepted by the Lenders. (b) the Service Provider Default Deduction Amount;
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Service Provider Default. (a) Subject to the rights of Service Provider in Section 3.4, it shall constitute a default on behalf of Service Provider (an "Service Provider Default") if Service Provider materially fails to provide a Transition Service to Buyer in accordance with the terms and conditions of this Agreement, which failure continues for at least thirty (30) days following receipt of written notice to Service Provider; provided, however, that if Service Provider cannot reasonably cure such failure within such thirty (30) day period, no Service Provider Default shall be deemed to have occurred, provided that Service Provider demonstrates that it has taken steps to cure such failure within such thirty (30) day period and diligently prosecutes such cure to completion. (b) Upon the occurrence and continuance of a Service Provider Default, Buyer may, as its sole remedy, terminate this Agreement and recover from Service Provider the fee paid by Buyer for the current month, together with liquidated damages in the amount of one month’s fee hereunder. Following such termination, Service Provider shall use commercially reasonable efforts to assist Buyer in taking over the Transition Services or engaging another service provider to perform such services..
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Service Provider Default. If the Service Provider breaches a material obligation under this Agreement, the Customer may give the Service Provider a written notice of default. The notice must: a) identify the alleged breach; and b) specify that the Service Provider must remedy the breach within a reasonable period (having regard to the breach) of not less than 20 Business Days after the date of the notice.
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Service Provider Default. 29.1 Without prejudice to any other right or remedy of the Authority howsoever arising (including under Schedule 5 (Service Levels and Performance Monitoring) and subject to the exclusive financial remedy provisions in Clauses 6 (Specification, Service Levels and Service Credits), if the Service Provider commits any Default of this Contract then the Authority may (whether or not any part of the Services have been Delivered) do any of the following 29.1.1 at the Authority's option, give the Service Provider the opportunity (at the Service Provider's expense) to remedy the Default together with any damage resulting from such Default (and where such Default is capable of remedy) or to supply Replacement Services and carry out any other necessary work to ensure that the terms of this Contract are fulfilled, in accordance with the Authority's instructions; 29.1.2 carry out, at the Service Provider's expense, any work necessary to make the provision of the Services comply with this Contract; 29.1.3 if the Default is a material Default that is capable of remedy (and for these purposes a material Default may be a single material Default or a number of Defaults or repeated Defaults - whether of the same or different obligations and regardless of whether such Defaults are remedied - which taken together constitute a material Default):
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Service Provider Default. 4.1 No Service Provider Default has occurred and no event or circumstance has occurred or arisen which, with the giving of notice, lapse of time, determination of materiality or satisfaction of any other condition may become a Service Provider Default.
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Service Provider Default. Each of the following events shall, for the purposes of this Contract, constitute a Service Provider Default:
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Service Provider Default. 33.1 The Service Provider shall advise the Service Purchaser immediately on becoming aware of any event or circumstances which constitute or may constitute a Service Provider Default. 33.2 If the Service Purchaser is satisfied, having consulted with the Service Provider, that the Service Provider has committed a Service Provider Default, the Service Purchaser may without prejudice to its rights of termination under Clauses 36.0 and 37.0, take any one or more of the following measures: 33.2.1 it may, for a period of not more than six months, suspend the provision of some or all of the services affected by the Default 33.2.2 it may, for a period of not more than six months, deduct from the Contract Price, the amount which, in the Service Purchaser’s reasonable opinion, would otherwise have been paid by the Service Purchaser for the provision of some or all of the Services affected by the Default 33.2.3 it may, for a period of not more than three months provide or arrange to provide management assistance or such other appropriate assistance to the Service Provider and any associated costs of such assistance will be chargeable to the Service Provider 33.2.4 it may require the Service Provider to make a rectification proposal in accordance with Clause 33.3 and 33.4 33.2.5 it may issue a rectification notice to the Service Provider specifying the action to be taken by the Service Provider and the Service Provider shall rectify the Default in accordance with the rectification notice at its own expense. 33.3 Within 20 working days (or such longer period as the Service Purchaser may specify) of the receipt of the Proposal Notice the Service Provider shall make a rectification proposal which shall as a minimum specify: 33.3.1 the extent to which the Service Provider intends to rectify the Default 33.3.2 the timescale within which the Service provider intends to rectify the Default 33.3.3 the details of the action the Service provider proposes to take to rectify the Default. 33.4 If the Service Purchaser receives the Service Provider’s rectification proposal under Clause 33.3 within 20 working days (or such longer period as the Service Purchaser may specify): 33. 4.1 the Service Purchaser shall consider and may, in consultation with the Contractor, amend the proposal 33.4.2 the Service Provider shall rectify the Default in accordance with the proposal as accepted or amended by the Service Purchaser at its own expense and without imposing any charge on the Service Pur...
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Related to Service Provider Default

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Service Provider Obligations Service Provider shall make the Software and the Services required for provisioning the Software (Software and Services hereinafter together and individually may also be referred to as “Service” or “Services”) available to Customer as described in the Services Description and in the Services Specific Terms (together hereinafter referred to as “Services Description”) referenced in the Order Forms and according to the terms and conditions of this Agreement. Service Provider may amend the Services from time to time, provided that such amendments shall not materially diminish the overall Service. Service Provider aims to provide the Software access to Customer within two (2) working days upon the Effective Date, unless otherwise set forth in the Services Description. The Software may consist of a web application provided to Customer in form of a software as a service solution and a mobile application to be installed by Customer on its mobile device. The agreed scope and quality of the Services is exclusively set forth in the Services Description. Public statements concerning the Service made by Service Provider or its agents will only take form when expressively confirmed by Service Provider in writing. Notwithstanding section 7.1, information and specifications contained within the Services Description shall not qualify as warranty or guarantee with regards to the Service’s quality or as any other kind of guarantee, unless they have been confirmed as such by Service Provider in writing. Service Provider may update and improve the Services from time to time; any such Updates, meaning software that remedies "Defects" (as defined in section 7.4) in the Services and/or may include minor improvements of the Services, are included in the Agreement. In addition to Updates, Service Provider may offer Upgrades and/or Add-On Services to the Services, where “Upgrades” mean new capabilities or functionalities of the Services and “Add-On Services” either mean (i) new and/or additional functionality packages in form of separate modules to the Services, or (ii) integrations or connection applications with other Hilti or third party software applications. Upgrades and Add-On Services are only subject to the Agreement, if ordered separately and paid for by Customer, where additional terms and conditions may apply.

  • Contractor Default Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

  • Termination for Default The Commonwealth may terminate this Agreement by notice where it reasonably believes the Grantee: (a) has breached this Agreement; or (b) has provided false or misleading statements in their application for the Grant; or (c) has become bankrupt or insolvent, entered into a scheme of arrangement with creditors, or come under any form of external administration.

  • SUSPENSION & TERMINATION FOR DEFAULT Enterprise Services may suspend Contractor’s operations under this Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) calendar days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Contract. All of Contractor’s obligations to Enterprise Services and Purchasers survive termination of Contractor’s rights under this Contract, until such obligations have been fulfilled.