Common use of Termination by Owner for Default Clause in Contracts

Termination by Owner for Default. If Professional defaults by failing to perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, Owner may give written notice to Professional (a) terminating this Agreement effective seven (7) days from the date of notice; or (b) setting forth the nature of the default and requesting Professional initiate cure within seven (7) days from the date of notice. At any time thereafter, if Professional fails to initiate cure upon the request of Owner and diligently prosecute such cure until complete, Owner may give notice to Professional of immediate termination. If Owner terminates this Agreement pursuant to this Paragraph, and it is subsequently determined by a court of competent jurisdiction that Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.5.

Appears in 1 contract

Sources: Continuing Professional Services Agreement

Termination by Owner for Default. If Professional defaults by failing to perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, Owner may give written notice to Professional (a) terminating this Agreement effective seven (7) days from the date of notice; or (b) setting forth the nature of the default and requesting Professional initiate cure within seven (7) days from the date of notice. At any time thereafter, if Professional fails to initiate cure upon the request of Owner and diligently prosecute such cure until complete, Owner may give notice to Professional of immediate termination. If Owner terminates this Agreement pursuant to this Paragraph, and it is subsequently determined by a court of competent jurisdiction that Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph 8.57.3.

Appears in 1 contract

Sources: Professional Services

Termination by Owner for Default. If Professional defaults by failing to perform, in accordance with the terms of this Agreement, as reasonably determined by Owner, Owner may give written notice to Professional (a) terminating this Agreement effective seven (7) days from the date of notice; or (b) setting forth the nature of the default and requesting Professional initiate cure within seven (7) days from the date of notice. At any time thereafter, if Professional fails to initiate cure upon the request of Owner and diligently prosecute such cure until complete, Owner may give notice to Professional of immediate termination. If Owner terminates this Agreement pursuant to this ParagraphSection 8.3, and it is subsequently determined by a court of competent jurisdiction that Professional was not in default, then in such event said termination shall be deemed a termination for convenience as set forth in Paragraph Section 8.5.

Appears in 1 contract

Sources: Continuing Professional Services Agreement