Common use of Default by Consultant Clause in Contracts

Default by Consultant. Failure by CONSULTANT to perform and/or comply with any provision, covenant, or condition of this Agreement shall be a default and material breach of this Agreement. In such event ADMINISTRATOR, in his sole discretion and in addition to immediate termination, as set forth above in Paragraph 18.2, and any other remedies available at law, in equity, or otherwise specified in this Agreement, may elect any of the following: (a) Afford CONSULTANT a time period of fifteen (15) days from the date notice is mailed to cure the default, or to commence to cure such breach and diligently pursue to completion the cure of such breach within thirty (30) days of date notice is mailed; and/or (b) Discontinue payment to CONSULTANT for and during the period in which CONSULTANT is in breach, which payment may not be entitled to later recovery; and/or (c) Offset against any monies billed by CONSULTANT but yet unpaid by COMMISSION those monies disallowed pursuant to the above paragraph; and/or (d) Withhold from any monies payable to CONSULTANT sufficient funds to compensate COMMISSION for any losses, costs, liabilities or damages it reasonably believes were suffered by COMMISSION due to the default of CONSULTANT in the performance of the services required by this Agreement.