Contractor’s Failure to Perform. In case of failure by the Contractor to fulfil its obligations under the Contract, including but not limited to failure to make delivery of all or parts of the goods by the delivery date(s) stipulated in the Contract, the Agency may, after giving the Contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following: (a) Procure all or part of the goods from other sources, in which event the Agency may hold the Contractor responsible for any excess cost occasioned thereby. (b) Refuse to accept delivery of all or part of the goods. (c) Terminate the Contract without any liability for termination charges or any liability of any kind of the Agency.
Appears in 2 contracts
Sources: Purchase Order, Purchase Order