Common use of Default and Force Majeure Clause in Contracts

Default and Force Majeure. The State reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the State, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.

Appears in 8 contracts

Sources: Contract Agreement for Vendors on Statewide Price Agreement, Request for Proposals, Vendor Agreement

Default and Force Majeure. The State City reserves the right to cancel all or any part of any orders placed under this Agreement contract without cost to the StateCity, if the Contractor fails to meet the provisions of this Agreement contract and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State City due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors sub- contractors due to any of the above, unless the State City shall determine that the supplies or services to be furnished by the subcontractor sub-contractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State City provided in this Clause paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreementcontract.

Appears in 5 contracts

Sources: On Call City Wide Security Services Agreement, On Call City Wide Security Services Agreement, Invitation to Bid Agreement

Default and Force Majeure. The State City reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the StateCity, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State City due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State City shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State City provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.

Appears in 3 contracts

Sources: Professional Services Agreement, Professional Services, Professional Services

Default and Force Majeure. The State City reserves the right to cancel all or any part of any orders placed under this Agreement contract without cost to the StateCity, if the Contractor fails to meet the provisions of this Agreement and, ofthis contract an� except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State City due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure iffailure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the ofthe State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors sub­ contractors due to any of the above, unless the State City shall determine that the supplies or services to be furnished by the subcontractor sub-contractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State City provided in this Clause paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreementcontract.

Appears in 1 contract

Sources: Services Agreement

Default and Force Majeure. The State City reserves the right to cancel all all, or any part of any orders placed under this Agreement without cost to the StateCity, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State City due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State City shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State City provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.

Appears in 1 contract

Sources: Professional Services Contract

Default and Force Majeure. The State City reserves the right to cancel all or any part of any orders placed under this Agreement contract without cost to the StateCity, if the Contractor fails to meet the provisions of this Agreement contract and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State City due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure iffailure to perform the order arises out of causes ofcauses beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors ofsub­ contractors due to any of the ofthe above, unless the State City shall determine that the supplies or services to be furnished by the subcontractor sub-contractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State City provided in this Clause paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreementcontract.

Appears in 1 contract

Sources: General Services Contract

Default and Force Majeure. The State reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the State, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State due to the Contractor's ’s default. The Contractor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoesembargos, unusually severe weather and defaults of subcontractors due to any of the above, unless the State shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.

Appears in 1 contract

Sources: Contract Agreement

Default and Force Majeure. The State City reserves the right to cancel all or any part of any orders placed under this Agreement contract without cost to the StateCity, if the Contractor Vendor fails to meet the provisions of this Agreement contract and, except as otherwise provided herein, to hold the Contractor Vendor liable for any excess cost occasioned by the State City due to the ContractorVendor's default. The Contractor Vendor shall not be liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the ContractorVendor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors sub-contractors due to any of the above, unless the State City shall determine that the supplies or services to be furnished by the subcontractor sub­ contractor were obtainable from other sources in sufficient time to permit the Contractor Vendor to meet the required delivery scheduled. The rights and remedies of the State City provided in this Clause paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreementcontract.

Appears in 1 contract

Sources: Advertising Services Agreement

Default and Force Majeure. The State City reserves the right to cancel all or any part of any orders placed under this Agreement without cost to the StateCity, if the Contractor fails to meet the provisions of this Agreement and, except as otherwise provided herein, to hold the Contractor liable for any excess cost occasioned by the State City due to the Contractor's default. The Contractor shall not be liable for any excess costs if failure iffailure to perform the order arises out of causes beyond the control and without the fault or negligence of the Contractor; such causes include, but are not restricted to, acts of God or the public enemy, acts of the State or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and defaults of subcontractors due to any of the above, unless the State City shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery scheduled. The rights and remedies of the State ofthe City provided in this Clause shall not be exclusive and are in addition to any other rights now being provided by law or under this Agreement.

Appears in 1 contract

Sources: Professional Services Agreement