Remedies for Contractor Default Sample Clauses

The "Remedies for Contractor Default" clause defines the actions and recourse available to the client or project owner if the contractor fails to meet their contractual obligations. Typically, this clause outlines specific steps such as issuing a notice of default, providing an opportunity for the contractor to cure the default, and, if unresolved, allowing the client to withhold payments, engage third parties to complete the work, or terminate the contract. By clearly specifying the consequences and procedures in the event of contractor default, this clause protects the client’s interests and ensures there is a structured process to address and resolve performance failures.
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Remedies for Contractor Default. The State is entitled to one or all of the following remedies in the event of Contractor default: 12.8.1 Equitable relief; 12.8.2 Damages for non-performance or breach of contract as described in Section 12.2 above; or
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Remedies for Contractor Default. In the event that Contractor is in default according to Section 14.1 and (a) Contractor fails, neglects, refuses or is unable to remedy such breach within fifteen (15) days after receipt by Contractor of Owner's written notice of such breach, or (b) if the breach is not capable of remedy within fifteen (15) days, Contractor fails to commence and proceed diligently in good faith to remedy the breach within fifteen (15) days after receiving written notice thereof from Owner, then Owner may, without prejudice to any other right or remedy available to Owner under this Agreement, pursue any one or more of the following remedies and actions: (a) Owner may suspend payment of amounts due to Contractor until Owner has received adequate assurances of performance from Contractor; (b) Owner may perform the Work itself or engage others to perform the same, in which case Owner may back charge or demand that Contractor pay all actual costs incurred by Owner in remedying or overcoming Contractor's default; (c) Owner may suspend the Work (which shall be deemed to be a suspension caused by Contractor pursuant to Section 6.10(a)) until the cause of the breach is remedied by Contractor or otherwise overcome; or (d) Owner may terminate this Agreement for default pursuant to Section 17.2. Notwithstanding anything in this Section 14.2, if Contractor abandons this Agreement or the Construction Agreement or WGI Parent abandons or repudiates the WGI Guaranty, Owner may immediately terminate this Agreement by written notice to Contractor and pursue any of its rights and remedies for termination of this Agreement for Contractor's default.
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Remedies for Contractor Default. If Company provides notice of Default per option (a) of Contractor Breach and Contractor does not cure, or the Parties do not agree in writing to satisfactory arrangements, within the cure period, Company, besides any other available remedy, may: (i) supplement Contractor’s performance, at Contractor’s expense, in which case Contractor must continue diligent performance of Services and cooperate with the supplemental personnel; (ii) direct Contractor to add labor or resources, at Contractor’s expense; (iii) seek specific performance through injunction; or (iv) terminate per Termination for Default below. Unless the Contract expressly states otherwise, all contractual remedies are cumulative, not alternative or exclusive, and additional to any legal or equitable remedy.
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Remedies for Contractor Default. Upon the occurrence of a Contractor Default, Customer's sole remedy shall be (i) to issue written notice thereof to Contractor and if 30 Days shall thereafter pass without Contractor having remedied the event that gave rise to the Contractor Default, Customer shall be relieved of the obligation to pay the Fixed Fee and the Variable Fee that would otherwise be payable pursuant to this Agreement, (ii) to suspend and not recommence the payment of any further of such Fixed and Variable Fees until such time as Contractor shall have remedied the event that gave rise to the Contractor Default, and (iii) to the extent that such Contractor Default is caused by the act or omission of the contractor(s) that are providing subcontracted services to Contractor, to require that Contractor terminate the services of such contractor(s) if permitted by the terms and provisions of the relevant contract(s), and thereupon cause substitute contractor(s) to be appointed. The Parties understand and expressly agree that notwithstanding a Contractor Default, if Contractor shall have remedied the event that gave rise to such Contractor Default within the 30 Day period permitted above, Customer shall not be relieved of its obligation to pay any Fees.
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Remedies for Contractor Default. If an Event of Default has occurred and cure efforts have not been initiated by the appropriate date, or such Event of Default shall not have been cured in all material respects at the conclusion of the applicable cure period, Owner, at its discretion, may be entitled to take one or more of the following actions: 20.3.1 Proceed against Contractor pursuant to Article 16; 20.3.2 Seek specific performance of Contractor’s obligations under this Contract to the extent permitted by Laws; or 20.3.3 Terminate this Contract.
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Related to Remedies for Contractor Default

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement Services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • Remedies for Contractor Breach Pertaining to contract-related issues, it is the responsibility of both CMHA and the contractor to communicate with each other in as clear and complete a manner as possible. If at any time during the term of this contract CMHA or the contractor is not satisfied with any issue, it is the responsibility of that party to deliver to the other party communication, in writing, fully detailing the issue and corrective action (please note that CMHA has the right to issue unilateral addendums to this contract, but the contractor does not have the same right). The other party shall, within 10 days, respond in writing to the other party (however, CMHA shall retain the right to, if conditions warrant, require the contractor to respond in a shorter period of time). Further, CMHA shall, at a minimum, employ the following steps in dealing with the contractor as to any performance issues: 20.16.1.1. If the contractor is in material breach of the contract, CMHA may promptly invoke the termination clause detailed within Section No. 3, form HUD-5370-C, General Conditions for Non-Construction Contracts, Section I—(With or without Maintenance Work), which is attached hereto, and terminate the contract for cause. Such termination must be delivered to the contractor in writing and shall fully detail all pertinent issues pertaining to the cause of and justification for the termination. 20.16.1.2. Prior to termination, CMHA may choose to warn 20.16.1.3. After termination, if the contractor does not agree with CMHA’s justification for the termination, the contractor shall have 10 days to dispute, in writing, such action; if he/she does not do so within the 10-day period, he/she shall have no recourse but to accept and agree with CMHA’s position on the issue. The written protest must detail all pertinent information pertaining to the dispute, including justification detailing CMHA’s alleged incorrect action(s). 20.16.1.4. The response to any protest received shall be conducted in accordance with Section No. 4.0 of this document. 20.16.1.5. It is CMHA’s policy to resolve all contractual issues informally and without litigation. Disputes will not be referred to HUD unless all administrative remedies have been exhausted. When appropriate, a mediator may be used to help resolve differences. 20.16.1.6. For contracts of $100,000 or less, the bidder/contractor may request to meet with the Procurement Officer. 20.16.1.7. All claims by a contractor relating to performance of a contract shall be submitted in writing to the Procurement Officer or designee for a written decision. The contractor may request a conference on the claim. The Procurement Officer’s decision shall inform the contractor of its appeal rights to the next higher level of authority in CMHA. Contractor claims shall be governed by the Changes clause in the form HUD-5370-C.

  • Remedies for Events of Default If an Event of Default, as defined in the Indenture, occurs and is continuing, the Trustee or the Holders of not less than 25% in principal amount of the Notes then outstanding may declare all the Notes to be immediately due and payable. If a bankruptcy or insolvency default with respect to the Company or any of its Significant Subsidiaries occurs and is continuing, the Notes automatically become immediately due and payable. Holders may not enforce the Indenture or the Notes except as provided in the Indenture. The Trustee may require indemnity satisfactory to it before it enforces the Indenture or the Notes. Subject to certain limitations, Holders of at least a majority in principal amount of the Notes then outstanding may direct the Trustee in its exercise of any trust or power.

  • Lessor's Remedies on Default If Lessee defaults in the payment of rent or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within thirty (30) days after the giving of such notice (or if the default is of a nature that it cannot be completely cured within such period, if Lessee does not commence such cure within such thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this Lease on not less than thirty (30) days' notice to Lessee. On the date specified in such notice, the term of this Lease shall terminate and Lessee shall then quit and surrender the Premises to Lessor, without extinguishing Lessee’s liability. If this Lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the Premises by any lawful means and remove Lessee or other occupants and their effects.

  • Exclusive Remedies Subject to Section 10.13, the Parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud, criminal activity or intentional misconduct on the part of a Party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in Article VI and this Article VIII. In furtherance of the foregoing, each Party hereby waives, to the fullest extent permitted under Law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other Parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in Article VI and this Article VIII. Nothing in this Section 8.9 shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any Party’s fraudulent, criminal or intentional misconduct.