Common use of Correction of Performance Deficiencies Clause in Contracts

Correction of Performance Deficiencies. I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: I.2.1 Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or I.2.2 Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or I.2.3 Withhold funds pending duration of the breach; and/or I.2.4 Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “2” of this paragraph; and/or I.2.5 Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

Correction of Performance Deficiencies. I.1 H.1 Failure by Contractor Developer to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. I.2 H.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: I.2.1 a. Afford Contractor Developer thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or I.2.2 b. Discontinue reimbursement to Contractor Developer for and during the period in which Contractor Developer is in breach, which reimbursement shall not be entitled to later recovery; and/or I.2.3 c. Withhold funds pending duration of the breach; and/or I.2.4 d. Offset against any monies billed by Contractor Developer but yet unpaid by County those monies disallowed pursuant to Item “2b” of this paragraph; and/or I.2.5 e. Terminate this Contract immediately and be relieved of the payment of any consideration to ContractorDeveloper. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor Developer under this Contract and the balance, if any, shall be paid by the Contractor Developer upon demand.