University Remedies Sample Clauses

The "University Remedies" clause defines the actions and recourse available to the university if the other party breaches the agreement or fails to meet its obligations. Typically, this clause outlines specific remedies such as the right to seek damages, terminate the contract, or require corrective actions, depending on the nature and severity of the breach. By clearly stating the university's available remedies, this clause ensures that the university has enforceable options to protect its interests and address non-compliance, thereby reducing risk and promoting accountability in contractual relationships.
University Remedies. If IDC commits a default under this Sublease, University may do any one or more of the following, in addition to pursuing its remedies under law or the Master Lease: (i) Cure the default and charge the costs to IDC, in which case IDC shall pay such costs as additional rent promptly on demand. (ii) Terminate this Sublease. (iii) Enter and take possession of the Sublease Premises and remove IDC and all other persons and any property from the Sublease Premises, with process of law. (iv) Hold IDC liable for and collect rent and other indebtedness owed by IDC to University or rent that would have accrued during the remainder of the term had there been no default, less any sums University receives by reletting the Sublease Premises. (v) Hold IDC liable for that part of the following sums paid by University that are attributable to the remainder of the term: (a) Customary broker’s fees incurred by University in reletting part or all of the Sublease Premises; (b) The cost of removing and storing IDC’s property; (c) The cost of repairs and alterations reasonably necessary to put the Sublease Premises in a condition reasonably acceptable to a new subtenant; and (d) Other necessary and reasonable expenses incurred by University in enforcing its remedies.
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University Remedies. 10.1 If the Supplier fails to Install the Goods so that they are not accepted by the Long Stop Completion Date, the University shall, without limiting its other rights or remedies, have one or more of the following rights: 10.1.1 to terminate the Contract with immediate effect by giving written notice to the Supplier; 10.1.2 to refuse to accept any subsequent delivery/Installation of the Goods which the Supplier attempts to make; 10.1.3 to recover from the Supplier any additional costs incurred by the University in obtaining substitute Goods from a third party; 10.1.4 claim Liquidated Damages in accordance with paragraph 9; 10.1.5 where the University has paid in advance for Services that have not been provided by the Supplier and/or Goods which have not been delivered and Installed by the Supplier, to have such sums refunded by the Supplier; and 10.1.6 to claim damages for any additional costs, loss or expenses incurred by the University which are directly attributable to the Supplier's failure to meet such dates. 10.2 The Contract shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier.
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University Remedies. If the Supplier has delivered Goods that do not comply with the undertakings set out in Clauses 4 (Supply of Goods), 5 (Delivery of Goods) and 6 (Packaging, identification, end of use and coding requirements), then, without limiting or affecting other rights or remedies available to it, the University shall have one or more of the following rights, whether or not it has accepted the Goods: to terminate the Contract with immediate effect by giving written notice to the Supplier; to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense; to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; to recover from the Supplier any expenditure incurred by the University in obtaining substitute goods from a third party; and to claim damages for any additional costs, loss or expenses incurred by the University arising from the Supplier’s failure to supply Goods in accordance with Clauses 4 (Supply of Goods), 5 (Delivery of Goods) and 6 (Packaging, identification, end of use and coding requirements). These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. The University’s rights under the Contract are in addition to its rights and remedies implied by statute and common law. The University shall: provide the Supplier with reasonable access at reasonable times to the University’s Property for the purpose of delivering the Goods and/or providing the Services; and provide such necessary information for the provision of the Services as the Supplier may reasonably request. A failure by the University to comply with the terms of the Contract can only relieve the Supplier from complying with its obligations under the Contract with effect from the date on which the Supplier notifies the University in writing and in reasonable details of the University’s failure and its effect or anticipated effect on the Goods and/or the Services.
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University Remedies. 7.18.1 Without prejudice to any other provisionsprovision of this Agreement, if a Service Default which is not a Material Service Default occurs the Supplier will promptly remedy that Service Default and take all necessary action to prevent that Service Default from recurring. 7.28.2 Without prejudice to any other provisionsprovision of this Agreement, if a Material Service Default occurs or is likely to occur the Supplier will: 3.1 Commented [A34R33]: These are optional rights which can be exercised in the alternative. Commented [AS35R33]: LTIM - TBD with the Customer, as SOW and Agreement will have different implications. Also if are not in breach of that SOW what about stranded and unamortized costs. 3.1 Commented [A37R36]: These are optional rights which can be exercised in the alternative. Commented [AS38R36]: TBD Delivery Commented [A39]: This cap on the right of the University to recover for replacement services is not agreed. Commented [AS40R39]: LTIM - WE would request a cap under this clause. Commented [A41]: This cap on the right of the University to recover for replacement services is not agreed. Commented [ES42]: Subject to further discussion and commercial agreement between the parties. Commented [AS43R42]: LTIM - We would request a cap under this clause. Commented [A44]: vague Commented [A45R44]: This simply relates to the right to claim damages at law. Revised provision re-inserted. Commented [AS46R44]: LTIM - This seems hanging again and not sure what this means? Commented [A47]: Deleted as relates to Good, Services are already covered above.,
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University Remedies. If any default by LICENSEE shall continue uncured, following notice of default where required herein, for the period applicable to the default alleged, UNIVERSITY may resort to any one or more of the following remedies:
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University Remedies. 8.1 Without prejudice to any other provision of this Agreement, if a Service Default which is not a Material Service Default occurs the Supplier will promptly remedy that Service Default and take all necessary action to prevent that Service Default from recurring. 8.2 Without prejudice to any other provision of this Agreement, if a Material Service Default occurs or is likely to occur the Supplier will: 8.2.1 promptly give the University written notice of the nature and extent of that Material Service Default, its anticipated impact on the Services, its root cause and the Supplier’s proposed plan (including a timeline) for rectifying that Material Service Default and ensuring that it does not recur (“Rectification Plan”); 8.2.2 promptly amend the proposed Rectification Plan to reflect the University’s reasonable comments; 8.2.3 promptly implement the amended Rectification Plan; 8.2.4 report to the University on a reasonably appropriate basis given the nature of the Material Service Default and Rectification Plan, and in any event no less than weekly, on the Supplier’s progress against the Rectification Plan implemented by it; and 8.2.5 promptly give the University written notice of any non-trivial changes required to the Rectification Plan from time to time and the reasons for those changes. 8.3 If the Supplier fails to perform the Services by the applicable date, or has supplied Services which do not conform to the undertakings in clause 5 or otherwise under this Agreement, the University shall, without limiting its other rights or remedies, have one or more of the following rights: 8.3.1 to terminate the SOW or this Agreement by giving written notice of thirty (30) days to the Supplier to rectify the breach (unless the applicable date is specifically noted as “critical” in the SOW, in which case notice may result in immediate termination with 10 days notice to rectify the breach); 8.3.2 to refuse to accept any subsequent performance of the Services which the Supplier attempts to make; 8.3.3 to recover from the Supplier any costs incurred by the University in obtaining substitute services from a third party, without prejudice to the University’s other rights and remedies under this Agreement, including to claim damages[, subject to a cap of 110% of the relevant Charges for such non-performing Services]; 8.3.4 where the University has paid in advance for Services that have not been provided by the Supplier, to have such sums refunded by the Supplier; and 8...
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Related to University Remedies

  • Additional Remedies Upon the occurrence and during the continuation of an Event of Default, Secured Party shall have the right and power to: (a) instruct Grantor, at its own expense, to notify any parties obligated on any of the Collateral, including any Account Grantors, to make payment directly to Secured Party of any amounts due or to become due thereunder, or Secured Party may directly notify such obligors of the security interest of Secured Party, and/or of the assignment to Secured Party of the Collateral and direct such obligors to make payment to Secured Party of any amounts due or to become due with respect thereto, and thereafter, collect any such amounts due on the Collateral directly from such Persons obligated thereon; (b) enforce collection of any of the Collateral, including any Accounts, by suit or otherwise, or make any compromise or settlement with respect to any of the Collateral, or surrender, release or exchange all or any part thereof, or compromise, extend or renew for any period (whether or not longer than the original period) any indebtedness thereunder; (c) take possession or control of any proceeds and products of any of the Collateral, including the proceeds of insurance thereon; (d) extend, renew or modify for one or more periods (whether or not longer than the original period) the Obligations or any obligation of any nature of any other obligor with respect to the Obligations; (e) grant releases, compromises or indulgences with respect to the Obligations, any extension or renewal of any of the Obligations, any security therefor, or to any other obligor with respect to the Obligations; (f) transfer the whole or any part of Capital Securities which may constitute Collateral into the name of Secured Party or Secured Party's nominee without disclosing, if Secured Party so desires, that such Capital Securities so transferred are subject to the security interest of Secured Party, and any corporation, association, or any of the managers or trustees of any trust issuing any of such Capital Securities, or any transfer agent, shall not be bound to inquire, in the event that Secured Party or such nominee makes any further transfer of such Capital Securities, or any portion thereof, as to whether Secured Party or such nominee has the right to make such further transfer, and shall not be liable for transferring the same; (g) vote the Collateral; (h) make an election with respect to the Collateral under Section 1111 of the Bankruptcy Code or take action under Section 364 or any other section of Bankruptcy Code; provided, however, that any such action of Secured Party as set forth herein shall not, in any manner whatsoever, impair or affect the liability of Grantor hereunder, nor prejudice, waive, nor be construed to impair, affect, prejudice or waive Secured Party's rights and remedies at law, in equity or by statute, nor release, discharge, nor be construed to release or discharge, Grantor, any guarantor or other Person liable to Secured Party for the Obligations; and (i) at any time, and from time to time, accept additions to, releases, reductions, exchanges or substitution of the Collateral, without in any way altering, impairing, diminishing or affecting the provisions of this Security Agreement, the Loan Documents, or any of the other Obligations, or Secured Party's rights hereunder, under the Obligations. Grantor hereby ratifies and confirms whatever Secured Party may do with respect to the Collateral and agrees that Secured Party shall not be liable for any error of judgment or mistakes of fact or law with respect to actions taken in connection with the Collateral other than as a result of intentional misconduct or gross negligence.

  • State’s Remedies If Contractor is in breach under any provision of this Contract and fails to cure such breach, the State, following the notice and cure period set forth in §14.B., shall have all of the remedies listed in this §15.A. in addition to all other remedies set forth in this Contract or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively.