Common use of Additional Remedies of the School District Clause in Contracts

Additional Remedies of the School District. In the event the Environmental Consultant commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant shall be liable to the School District for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental Consultant; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental Consultant; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental Services. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant in writing to resume the Services. The Environmental Consultant shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 7 contracts

Samples: Contract for Professional Environmental Consulting Services, Contract for Professional Environmental Consulting Services, Professional Services

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Additional Remedies of the School District. In the event the Environmental Consultant Architectural Designer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Architectural Designer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Architectural Designer shall be liable to the School District for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime statutory legal rate of interest as published from time to time by 6% permitted in the Wall Street Journal, plus five percentage points (5.0%), Commonwealth of Pennsylvania thereon from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Architectural Designer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Architectural Designer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantArchitectural Designer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantArchitectural Designer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Architectural Designer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Architectural Designer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Architectural Designer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Architectural Designer in writing to resume the Services. The Environmental Consultant Architectural Designer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 5 contracts

Samples: Contract for Professional Architectural Design Services, Professional Services, Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant Architectural Designer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Architectural Designer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Architectural Designer shall be liable to the School District for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime statutory legal rate of interest as published from time to time by 6% permitted in the Wall Street Journal, plus five percentage points (5.0%), Commonwealth of Pennsylvania thereon from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Architectural Designer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Architectural Designer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantArchitectural Designer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantArchitectural Designer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Architectural Designer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director or Acting Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Architectural Designer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Architectural Designer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Architectural Designer in writing to resume the Services. The Environmental Consultant Architectural Designer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 5 contracts

Samples: Professional Services, Professional Services, Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant MEP Engineer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant MEP Engineer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant MEP Engineer shall be liable to the School District for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime statutory legal rate of interest as published from time to time by 6% permitted in the Wall Street Journal, plus five percentage points (5.0%), Commonwealth of Pennsylvania thereon from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant MEP Engineer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant MEP Engineer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantMEP Engineer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantMEP Engineer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant MEP Engineer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant MEP Engineer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant MEP Engineer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant MEP Engineer in writing to resume the Services. The Environmental Consultant MEP Engineer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant Commissioning Agent commits or permits an event Event of defaultDefault, the School District may, in its sole discretion, exercise one or more of the following remedies remedies, in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Commissioning Agent shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Commissioning Agent shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.514.4, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Commissioning Agent by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Commissioning Agent under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withholdwithhold payment of, or offset against, any funds payable to or for the benefit of the Environmental ConsultantCommissioning Agent; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantCommissioning Agent; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Commissioning Agent; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Commissioning Agent fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director or Acting Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Commissioning Agent shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Commissioning Agent in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Commissioning Agent in writing to resume the Services. The Environmental Consultant Commissioning Agent shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Contract for Professional Engineering Services

Additional Remedies of the School District. In the event the Environmental Consultant Program Manager commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Program Manager shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Program Manager shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring District’sincurring of such costs. The School District shall not in any event be liable for inconvenience, ,expense, loss of profits, or other damage incurred by the Environmental Consultant Program Manager by reason of such performance suchperformance or paying such costs or expenses, and the obligations of the Environmental Consultant under this Program Manager underthis Contract shall not be altered or affected in any manner by the School District’s exercise of its rights itsrights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantProgram Manager; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantProgram Manager; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Program Manager; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Program Manager fails to remedy any defects in any of the Services, or commits or permits any other event otherevent of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Program Manager shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Program Manager in writing that the cause for the Stop Work Order has been eliminated, eliminated and directs the Environmental Consultant Program Manager in writing to resume the Services. The Environmental Consultant Program Manager shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant MEP Engineer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant MEP Engineer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant MEP Engineer shall be liable to the School District for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime statutory legal rate of interest as published from time to time by 6% permitted in the Wall Street Journal, plus five percentage points (5.0%), Commonwealth of Pennsylvania thereon from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant MEP Engineer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant MEP Engineer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantMEP Engineer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantMEP Engineer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant MEP Engineer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director or Acting Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant MEP Engineer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant MEP Engineer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant MEP Engineer in writing to resume the Services. The Environmental Consultant MEP Engineer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant Architectural Designer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Architectural Designer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Architectural Designer shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Architectural Designer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Architectural Designer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantArchitectural Designer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantArchitectural Designer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Architectural Designer; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Architectural Designer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Architectural Designer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Architectural Designer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Architectural Designer in writing to resume the Services. The Environmental Consultant Architectural Designer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Contract for Professional Architectural Design Services

Additional Remedies of the School District. In the event the Environmental Consultant Structural Designer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Structural Designer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Structural Designer shall be liable to the School District for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime statutory legal rate of interest as published from time to time by 6% permitted in the Wall Street Journal, plus five percentage points (5.0%), Commonwealth of Pennsylvania thereon from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Structural Designer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Structural Designer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantStructural Designer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantStructural Designer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Structural Designer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Structural Designer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Structural Designer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Structural Designer in writing to resume the Services. The Environmental Consultant Structural Designer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Contract for Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant MEP & FP Engineer does not cure the Event of Default within the period allowed by the School District, or if the MEP & FP Engineer commits or permits an event Event of defaultDefault for which Paragraph 14.2.2 above provides no notice or period of cure, then the School District District, after consultation with the Program Manager, may, in its sole discretion, exercise without further notice or demand to the MEP & FP Engineer, and without waiving or releasing the MEP & FP Engineer from any of its obligations under this Contract, invoke, exercise, and pursue one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant MEP & FP Engineer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant MEP & FP Engineer shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), or interest at the statutory legal rate of 6% permitted in the Commonwealth of Pennsylvania thereon from the date of the School District’s incurring of such costs, whichever is greater. The School District shall not in any event be liable for inconvenience, expense, loss of profits, profits or other damage incurred by the Environmental Consultant by reason of such MEP & FP Engineer due to the School District’s performance or paying such costs or expenses, and the obligations of the Environmental Consultant MEP & FP Engineer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantMEP & FP Engineer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantMEP & FP Engineer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the MEP & FP Engineer; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District District, after consultation wih the Program Manager, shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant MEP & FP Engineer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant MEP & FP Engineer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant MEP & FP Engineer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant MEP & FP Engineer in writing to resume the Services. The Environmental Consultant MEP & FP Engineer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Multi Party Contract for Professional Engineering Services

Additional Remedies of the School District. In the event the Environmental Consultant MEP & FP Engineer commits or permits an event Event of defaultDefault, the School District may, in its sole discretion, exercise one or more of the following remedies remedies, in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant MEP & FP Engineer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant MEP & FP Engineer shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant MEP & FP Engineer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant MEP & FP Engineer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withholdwithhold payment of, or offset against, any funds payable to or for the benefit of the Environmental ConsultantMEP & FP Engineer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantMEP & FP Engineer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the MEP & FP Engineer; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant MEP & FP Engineer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director or Operations Manager of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant MEP & FP Engineer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant MEP & FP Engineer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant MEP & FP Engineer in writing to resume the Services. The Environmental Consultant MEP & FP Engineer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Professional Services

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Additional Remedies of the School District. In the event the Environmental Consultant Structural Engineer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Structural Engineer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Structural Engineer shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Structural Engineer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Structural Engineer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantStructural Engineer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantStructural Engineer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Structural Engineer; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Structural Engineer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Structural Engineer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Structural Engineer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Structural Engineer in writing to resume the Services. The Environmental Consultant Structural Engineer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Contract for Professional Structural Engineering Design Services

Additional Remedies of the School District. In the event the Environmental Consultant Program Manager commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Program Manager shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Program Manager shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Program Manager by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Program Manager under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantProgram Manager; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantProgram Manager; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Program Manager; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Program Manager fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Program Manager shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Program Manager in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Program Manager in writing to resume the Services. The Environmental Consultant Program Manager shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant Construction Cost Estimator commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Construction Cost Estimator shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Construction Cost Estimator shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Construction Cost Estimator by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Construction Cost Estimator under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantConstruction Cost Estimator; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantConstruction Cost Estimator; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Construction Cost Estimator; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Construction Cost Estimator fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Construction Cost Estimator shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Construction Cost Estimator in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Construction Cost Estimator in writing to resume the Services. The Environmental Consultant Construction Cost Estimator shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Professional Services

Additional Remedies of the School District. In the event the Environmental Consultant MEP Engineer commits or permits an event of default, the School District may, in its sole discretion, exercise one or more of the following remedies in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant MEP Engineer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant MEP Engineer shall be liable to the School District for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime statutory legal rate of interest as published from time to time by 6% permitted in the Wall Street Journal, plus five percentage points (5.0%), Commonwealth of Pennsylvania thereon from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant MEP Engineer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant MEP Engineer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withhold, or offset against, any funds payable to or for the benefit of the Environmental ConsultantMEP Engineer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantMEP Engineer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant MEP Engineer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director or Operations Manager of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant MEP Engineer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant MEP Engineer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant MEP Engineer in writing to resume the Services. The Environmental Consultant MEP Engineer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Professional Services

Additional Remedies of the School District. In the event the Environmental Material Testing Consultant commits or permits an event Event of defaultDefault, the School District may, in its sole discretion, exercise one or more of the following remedies remedies, in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Material Testing Consultant shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Material Testing Consultant shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Material Testing Consultant by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Material Testing Consultant under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withholdwithhold payment of, or offset against, any funds payable to or for the benefit of the Environmental Material Testing Consultant; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental Material Testing Consultant; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Material Testing Consultant; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Material Testing Consultant fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Interim Chief Operations Officer/Director of Environmental ServicesCapital Programs or Operations Manager of Capital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Material Testing Consultant shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Material Testing Consultant in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Material Testing Consultant in writing to resume the Services. The Environmental Material Testing Consultant shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Contract for Supplemental Professional Material Testing and Inspection Services

Additional Remedies of the School District. In the event the Environmental Consultant Roofing Designer commits or permits an event Event of defaultDefault, the School District may, in its sole discretion, exercise one or more of the following remedies remedies, in addition to or in lieu of the termination remedy provided in Paragraph 14.1: (a) terminate this Contract in part only, in which case the Environmental Consultant Roofing Designer shall be obligated to perform this Contract to the extent not terminated; or (b) perform (or cause a third party to perform) the Services and this Contract, in whole or in part, including, without limitation, obtaining or paying for any required insurance or performing other acts capable of performance by the School District. The Environmental Consultant Roofing Designer shall be liable to the School District District, as damages, for all sums paid by the School District and all expenses incurred by the School District (or a third party) pursuant to this Paragraph 14.5, together with interest at the prime rate of interest as published from time to time by the Wall Street Journal, plus five percentage points (5.0%), from the date of the School District’s incurring of such costs. The School District shall not in any event be liable for inconvenience, expense, loss of profits, or other damage incurred by the Environmental Consultant Roofing Designer by reason of such performance or paying such costs or expenses, and the obligations of the Environmental Consultant Roofing Designer under this Contract shall not be altered or affected in any manner by the School District’s exercise of its rights under this Section 14; or (c) withholdwithhold payment of, or offset against, any funds payable to or for the benefit of the Environmental ConsultantRoofing Designer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Environmental ConsultantRoofing Designer; or (e) exercise any other right or remedy it has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach and damages against the Roofing Designer; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District shall have the right to stop the Services or any portion thereof in the event the Environmental Consultant Roofing Designer fails to remedy any defects in any of the Services, or commits or permits any other event of default, following written notice by the School District, or fails to carry out any portion of the Services in accordance with this Contract, by issuing its written Stop Work Order, which shall be signed by the Director or Operations Manager of Environmental ServicesCapital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Environmental Consultant Roofing Designer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Environmental Consultant Roofing Designer in writing that the cause for the Stop Work Order has been eliminated, and directs the Environmental Consultant Roofing Designer in writing to resume the Services. The Environmental Consultant Roofing Designer shall resume the Services immediately upon receipt of such written notice from the School District.

Appears in 1 contract

Samples: Professional Services

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