Remedies in Case of Contractor Default or Breach Sample Clauses

The "Remedies in Case of Contractor Default or Breach" clause defines the actions and recourse available to the client if the contractor fails to meet contractual obligations or violates the agreement. Typically, this clause outlines specific remedies such as the right to withhold payment, demand correction of the breach, terminate the contract, or seek damages. For example, if a contractor fails to deliver work on time or does not meet quality standards, the client may invoke these remedies to address the issue. The core function of this clause is to protect the client by providing clear options for addressing non-performance or misconduct, thereby ensuring accountability and minimizing potential losses.
Remedies in Case of Contractor Default or Breach. (a) In addition to the termination provisions in Section 7.1.1, Covered California shall have full discretion to institute any of the following remedies, in accordance with subsection (b) of this section, in case of Contractor’s breach, whether material or not, or default: i. Changing the order in which Contractor’s QDPs are displayed in CalHEERS or plan preview; ii. Removing Contractor’s provider directory from the Covered California website; iii. Freezing Contractor’s Enrollment during Open or Special Enrollment Periods; iv. Recovery of damages to Covered California caused by the breach or default; and v. Specific performance of particular covenants made by Contractor hereunder. (b) Prior to instituting any of the remedies in subsection (a), Covered California shall provide written notice to Contractor that Contractor is in breach or default of this Agreement, identify the basis for such breach or default, and provide Contractor with a thirty (30) day period to cure. During the cure period, the parties agree to meet and confer in an effort to informally resolve the breach or default. Contractor shall have thirty (30) days from the date Contractor received notice of the breach or default to fully cure the breach or default, unless the parties mutually agree to a longer cure period. If Contractor has not cured the breach or default within the thirty (30) day period, or a longer period cure period that has been mutually agreed upon, Covered California may institute any of the remedies identified in subsection (a) of this section. All remedies of Covered California under this Agreement for Contractor default or breach are cumulative to the extent permitted by law. (c) This section shall not apply to any contractual requirements that are associated with a performance guarantee in Attachment 14 (“Performance Measurement Standards”) or for failure to meet any quality targets in Attachment 7 (“Quality, Network Management and Delivery System Standards”).
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Remedies in Case of Contractor Default or Breach a) In addition to the termination provisions in Section 8.2.1, Covered California shall have full discretion to institute any of the following remedies, in accordance with Subsection (b) of this Section, in case of Contractor’s breach, whether material or not, or default:
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Remedies in Case of Contractor Default or Breach a) In addition to the termination provisions in Section 8.2.1, Covered California shall have full discretion to institute any of the following remedies, in accordance with Subsection (b) of this Section, in case of Contractor’s breach, whether material or not, or default: i. Removing Contractor’s provider directory from the Covered California website; ii. Freezing Contractor’s enrollment during Open or Special Enrollment Periods; iii. Recovery of damages to Covered California caused by the breach or default; and iv. Specific performance of particular covenants made by Contractor hereunder. b) Prior to instituting any of the remedies in Subsection (a), Covered California shall provide written notice to Contractor that Contractor is in breach or default of this Agreement, identify the basis for such breach or default, and provide Contractor with a thirty (30) Day period to cure. During the cure period, the parties agree to meet and confer in an effort to informally resolve the breach or default. Contractor shall have thirty (30) Days from the date Contractor received notice of the breach or default to fully cure the breach or default unless the parties mutually agree to a longer cure period. If Contractor has not cured the breach or default within the thirty (30) Day period, or a longer cure period that has been mutually agreed upon, Covered California may institute any of the remedies identified in Subsection (a) of this section. All remedies of Covered California under this Agreement for Contractor default or breach are cumulative to the extent permitted by law. c) This section shall not apply to any contractual requirements that are associated with a performance guarantee in Attachment 2 — Performance Standards with Penalties and Attachment 3 — Performance Standards and Expectations, or for failure to meet any quality targets in Attachment 1 — Advancing Equity, Quality, and Value.
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Remedies in Case of Contractor Default or Breach a) In addition to the termination provisions in Section 7.2.1, the Exchange shall have full discretion to institute any of the following remedies, in accordance with Subsection b) of this Section, in case of Contractor’s breach, whether material or not, or default: i. Removing Contractor’s provider directory from the Covered California website; ii. Freezing Contractor’s Enrollment; iii. Recovery of damages to the Exchange caused by the breach or default; and iv. Specific performance of particular covenants made by Contractor hereunder. b) Prior to instituting any of the remedies in Subsection a), the Exchange shall provide written notice to Contractor that Contractor is in breach or default of this Agreement, identify the basis for such breach or default, and provide Contractor with a thirty (30) day period to cure. During the cure period, the parties agree to meet and confer in an effort to informally resolve the breach or default. Contractor shall have thirty (30) days from the date Contractor received notice of the breach or default to fully cure the breach or default, unless the parties mutually agree to a longer cure period. If Contractor has not cured the breach or default within the thirty (30) day period, or a longer cure period that has been mutually agreed upon, the Exchange may institute any of the remedies identified in Subsection a) of this Section. All remedies of the Exchange under this Agreement for Contractor default or breach are cumulative to the extent permitted by law.
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Remedies in Case of Contractor Default or Breach. In addition to the liquidated damages provision in section 3.1.5 and termination provisions in section 7.2.1, the Exchange shall have full discretion to institute any of the following remedies in case of Contractor’s breach, whether material or not, or default: a) Changing the order in which Contractor’s QHPs are displayed in CalHEERS or Shop and Compare; b) Removing Contractor’s provider directory from the Covered California website; c) Freezing Contractor’s Enrollment during Open or Special Enrollment Periods; d) Recovery of damages to the Exchange caused by the breach or default; e) Imposing sanctions pursuant to Attachment 14 of this Agreement; f) Specific performance of particular covenants made by Contractor hereunder; All remedies of the Exchange under this Agreement for Contractor default or breach are cumulative to the extent permitted by law.
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Remedies in Case of Contractor Default or Breach a) In addition to the liquidated damages provision in sSection 3.1.and the termination provisions in sSection 7.21.1, Tthe Exchange shall have all rights afforded by law in case of Contractor default, including, but not limited to: Decertification of Contractor¶sQDPs and termination of this Agreementfull discretion to institute any of the following remedies, in accordance with subsections b) and c) of this section, in case of Contractor¶sbreach, whether material or not, or default:.. i. Changing the order in which Contractor¶s QDHPs are displayed in CalHEERS or Shop and Compare: ii. Removing Contractor¶sprovider directory from the Covered California website; iii. Freezing Contractor¶s Enrollment during Open or Special Enrollment Periods;
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Related to Remedies in Case of Contractor Default or Breach

  • REMEDIES IN CASE OF AN EVENT OF DEFAULT If there shall have occurred and be continuing an Event of Default, then and in every such case, the Pledgee shall be entitled to exercise all of the rights, powers and remedies (whether vested in it by this Agreement, any other Secured Debt Agreement or by law) for the protection and enforcement of its rights in respect of the Collateral, and the Pledgee shall be entitled to exercise all the rights and remedies of a secured party under the Uniform Commercial Code as in effect in any relevant jurisdiction and also shall be entitled, without limitation, to exercise the following rights, which each Pledgor hereby agrees to be commercially reasonable: (i) to receive all amounts payable in respect of the Collateral otherwise payable under Section 6 hereof to the Pledgors; (ii) to transfer all or any part of the Collateral into the Pledgee’s name or the name of its nominee or nominees; (iii) to vote all or any part of the Collateral (whether or not transferred into the name of the Pledgee) and give all consents, waivers and ratifications in respect of the Collateral and otherwise act with respect thereto as though it were the outright owner thereof (each Pledgor hereby irrevocably constituting and appointing the Pledgee the proxy and attorney-in-fact of such Pledgor, with full power of substitution to do so); (iv) at any time and from time to time to sell, assign and deliver, or grant options to purchase, all or any part of the Collateral, or any interest therein, at any public or private sale, without demand of performance, advertisement or notice of intention to sell or of the time or place of sale or adjournment thereof or to redeem or otherwise (all of which are hereby waived by each Pledgor), for cash, on credit or for other property, for immediate or future delivery without any assumption of credit risk, and for such price or prices and on such terms as the Pledgee in its absolute discretion may determine, provided that at least 10 days’ written notice of the time and place of any such sale shall be given to the Pledgors. The Pledgee shall not be obligated to make any such sale of Collateral regardless of whether any such notice of sale has theretofore been given. Each Pledgor hereby waives and releases to the fullest extent permitted by law any right or equity of redemption with respect to the Collateral, whether before or after sale hereunder, and all rights, if any, of marshalling the Collateral and any other security for the Obligations or otherwise. At any such sale, unless prohibited by applicable law, the Pledgee on behalf of the Secured Creditors may bid for and purchase all or any part of the Collateral so sold free from any such right or equity of redemption. Neither the Pledgee nor any other Secured Creditor shall be liable for failure to collect or realize upon any or all of the Collateral or for any delay in so doing nor shall any of them be under any obligation to take any action whatsoever with regard thereto; and (v) to set-off any and all Collateral against any and all Obligations.

  • Remedies Upon an Event of Default (a) Upon the occurrence of any Event of Default that has not been remedied within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c) of the Purchase Agreement or Section 4.2 of this Note, or (ii) ten (10) Business Days for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default described in Section 2.1(i), 2.1(j) or 2.1(k), the Maker shall be obligated to pay to the Holder the Mandatory Default Amount, which Mandatory Default Amount shall be earned by the Holder on the date the Event of Default giving rise thereto occurs and shall be due and payable on the earlier to occur of the Maturity Date, upon conversion, redemption or prepayment of this Note or the date on which all amounts owing hereunder have been accelerated in accordance with the terms hereof. (b) Upon the occurrence of any Event of Default, if any Investor alleges in writing a claim of breach, the Maker shall, as promptly as possible but in any event within one (1) Business Day of receipt of such claim, furnish a copy of such claim to the Holder and notify the Holder the Maker’s response thereto. Thereafter, if the Requisite Holders join with the initiating noteholder, then the Requisite Holders shall select a noteholder representative (the “Representative”) to represent their interests hereunder and under the other Transaction Documents. The Representative shall thereafter be able to act on behalf of the holders of the Notes and pursue remedies under the Notes and the other Transaction Documents, amend or waive the Notes and the other Transaction Documents or otherwise act on behalf of the holders of the Notes hereunder and thereunder. (c) If an Event of Default shall have occurred and shall not have been remedied within (i) two (2) Business Days for an Event of Default occurring by the Company’s failure to comply with Section 7.1(c) of the Purchase Agreement or Section 4.2 of this Note, or (ii) ten (10) Business Days for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default described in Section 2.1(i), 2.1(j) or 2.1(k), the Holder may at any time at its option declare the Mandatory Default Amount due and payable, and thereupon, the same shall be accelerated and so due and payable, without presentment, demand, protest, or notice, all of which are hereby expressly unconditionally and irrevocably waived by the Maker; provided, further, however, that (x) upon the occurrence of an Event of Default described above, the Holder, in its sole and absolute discretion, may: (a) from time-to-time demand that all or a portion of the Outstanding Principal Amount be converted into shares of Common Stock at the then-current Conversion Price; or (b) exercise or otherwise enforce any one or more of the Holder’s rights, powers, privileges, remedies and interests under this Note, the Purchase Agreement, the other Transaction Documents or applicable law and (y) upon the occurrence of an Event of Default described in clauses (k) or (l) above, the Mandatory Default Amount shall become immediately due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Maker. No course of delay on the part of the Holder shall operate as a waiver thereof or otherwise prejudice the rights of the Holder. No remedy conferred hereby shall be exclusive of any other remedy referred to herein or now or hereafter available at law, in equity, by statute or otherwise.

  • 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 Upon Event of Default If any Event of Default occurs and is continuing, the Administrative Agent shall, at the request of, or may, with the consent of, the Required Lenders, take any or all of the following actions: (a) declare the commitment of each Lender to make Loans and any obligation of the L/C Issuer to make L/C Credit Extensions to be terminated, whereupon such commitments and obligation shall be terminated; (b) declare the unpaid principal amount of all outstanding Loans, all interest accrued and unpaid thereon, and all other amounts owing or payable hereunder or under any other Loan Document to be immediately due and payable, without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived by the Borrower; (c) require that the Borrower Cash Collateralize the L/C Obligations (in an amount equal to the then Outstanding Amount thereof); and (d) exercise on behalf of itself, the Lenders and the L/C Issuer all rights and remedies available to it, the Lenders and the L/C Issuer under the Loan Documents; provided, however, that upon the occurrence of an actual or deemed entry of an order for relief with respect to the Borrower under the Bankruptcy Code of the United States, the obligation of each Lender to make Loans and any obligation of the L/C Issuer to make L/C Credit Extensions shall automatically terminate, the unpaid principal amount of all outstanding Loans and all interest and other amounts as aforesaid shall automatically become due and payable, and the obligation of the Borrower to Cash Collateralize the L/C Obligations as aforesaid shall automatically become effective, in each case without further act of the Administrative Agent or any Lender.

  • Events of Default Rights and Remedies on Default 56 11.1. Events of Default. 56 11.2. Acceleration of the Obligations; Termination of Commitments. 59 11.3. Other Remedies. 60 11.4. Setoff. 61 11.5. Remedies Cumulative; No Waiver. 62 SECTION 12. AGENT 62 12.1. Appointment, Authority and Duties of Agent. 62 12.2. Agreements Regarding Collateral. 64 12.3. Reliance By Agent. 64