Unsatisfactory Performance/Default Sample Clauses

The Unsatisfactory Performance/Default clause defines the consequences and procedures that apply when a party fails to meet its contractual obligations or performs inadequately. Typically, this clause outlines the standards of performance expected, the process for notifying the defaulting party, and any opportunities to remedy the issue within a specified timeframe. Its core function is to provide a clear mechanism for addressing breaches or subpar performance, thereby protecting the interests of the non-defaulting party and ensuring accountability within the contractual relationship.
Unsatisfactory Performance/Default. (A) In accordance with Section 24(i) of the 1937 Act, if the Grantee defaults under this grant agreement, HUD may withdraw any unobligated grant amounts and may pursue other actions as described in this Article. HUD shall redistribute any withdrawn amounts to one or more other applicants eligible for Choice Neighborhoods assistance or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the Transformation Plan of the original Grantee. This section applies to all Grantees regardless of their status as a government, PHA, for-profit, or other entity. (B) Default. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, may constitute a default by the Grantee under this Grant Agreement, as determined by HUD in its sole discretion: (1) use of funds provided under this Grant Agreement for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement; (2) failure to comply with the Choice Neighborhoods Requirements or any other Federal, State, or local laws, regulations or requirements applicable in creating the Transformation Plan; (3) failure to make any submission under Article III, perform any obligation, or otherwise fail to proceed in a manner consistent with the Transformation Plan, (including, without limitation, failure to accomplish an activity by the date specified in the Program Schedule); (4) any material misrepresentation in any of the required submissions, including, without limit, any misrepresentations in any of the submissions required by Article III(B); or (5) failure to comply with, or any material breach of, any other requirements, conditions or terms of this Grant Agreement. (C) Notice of Default and Action(s) to Cure.
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Unsatisfactory Performance/Default. (a) The Grantee acknowledges and agrees that HUD may impose special conditions or restrictions upon the Grantee in accordance with this paragraph 1, with which the Grantee will comply, in order to ensure that all activities and expenditures of grant funds under the Revitalization Plan are properly and efficiently carried out. HUD may impose such conditions or restrictions if HUD determines that the performance of the Grantee, or any subgrantee, under this Grant Agreement is unsatisfactory (whether or not the Grantee is in default in accordance with paragraph 2 below). (b) The special conditions or restrictions which HUD may impose include the following: (i) withholding authority to proceed to the next phase of activities until receipt of evidence of acceptable performance within a given funding period; (ii) requiring additional, more detailed financial reports; (iii) additional project monitoring; (iv) requiring the Grantee (or subgrantee) to obtain technical or management assistance; or (v) establishing additional prior approvals. (c) If HUD decides to impose any such conditions or restrictions upon the Grantee (or subgrantee), HUD will notify the Grantee (or subgrantee) in writing, as early as possible. Such notice will contain the following information: (i) a description of the special conditions or restrictions; (ii) the nature of the unsatisfactory performance and the reason for imposing such special conditions or restrictions; (iii) the corrective actions which must be taken before the conditions or restrictions will be removed, and the time allowed for completing the corrective actions; and (iv) the method for requesting reconsideration of the conditions or restrictions imposed. 2. Each of the following events or occurrences, to the extent it constitutes a material breach or occurrence, will constitute a default by the Grantee under this Grant Agreement: (a) use of grant funds for any purpose, in any manner or at any time, other than as authorized by this Grant Agreement; (b) failure to comply with the HOPE VI Requirements or any other Federal, State or local laws, regulations or requirements applicable in implementing the Revitalization Plan; (c) failure to make any submission, perform any obligation or otherwise comply with any requirement under Article II, paragraph 3 within the specified time period; (d) failure to proceed in a manner consistent with the Revitalization Plan (including, without limitation, failure to accomplish an activity by the...
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Unsatisfactory Performance/Default. A. In accordance with Section 24(i) of the 1937 Act and 24 CFR part 84 or part 85, as applicable, if the Grantee defaults under this grant agreement, HUD may withdraw any unobligated grant amounts and may pursue other actions as described in this Article. HUD shall redistribute any withdrawn amounts to one or more other applicants eligible for Choice Neighborhoods assistance or to one or more other entities capable of proceeding expeditiously in the same locality in carrying out the Transformation Plan of the original Grantee. This section applies to all Grantees regardless of their status as a government, PHA, for-profit, or other entity.
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Unsatisfactory Performance/Default 
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Related to Unsatisfactory Performance/Default

  • Unsatisfactory Performance All work performed by the Contractor is expected to be done in the most expeditious and professional manner as specified in Section 5 of this document, while also complying with the workmanlike standard clause contained at Section 5.4.1.

  • Satisfactory Performance Subject to the provisions of the Payment Security Requirements Section above, the Payment Security will be returned within ninety (90) days following the expiration of the Term of this Agreement, subject to the satisfactory performance by Company of all terms, conditions, and covenants contained herein.

  • Performance Deficiencies If the City or the Quality Control Manager determine in their reasonable belief that any of the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect, they shall immediately notify RCP and Bliss Sports II in writing stating the alleged deficiency and the City, the Quality Control Manager, the Architect, RCP and Bliss Sports II will meet within seven (7) days of the giving of such notice to discuss whether the Infrastructure Improvements are not being constructed in accordance with the Infrastructure Improvement Plans or this Agreement in any material respect and, if the City, RCP and Architect agree that they are not, then RCP shall cause Bliss Sports II to correct such deficiencies. The failure by the City to provide any notice of any observed deficiency shall not give rise to any liability to the City and shall not be considered a waiver of any right of the City under this Agreement, including, without limitation, the enforcement of the representations and warranties of Bliss Sports II under this Agreement and any warranties that may be made to the City by any Contracting Parties under the Infrastructure Construction Contract Documents with respect to the completion of the Infrastructure Improvements in accordance with the Infrastructure Improvement Plans and the Project Timeline.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Continuing Performance In the event of a dispute, the Owner and the Developer agree to continue their respective performance hereunder to the extent feasible in light of the dispute, including paying ▇▇▇▇▇▇▇▇, and such continuation of efforts and payment of ▇▇▇▇▇▇▇▇ shall not be construed as a waiver of any legal right.