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

Additional Remedies of the School District. In the event the Design Professional does not cure the Event of Default within the period allowed by the School District, or if the Design Professional commits or permits an Event of Default for which Paragraph 14.2.2 above provides no notice or period of cure, then the School District, after consultation with the Program Manager, may, in its sole discretion, without further notice or demand to the Design Professional, and without waiving or releasing the Design Professional 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 Design Professional 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 Design Professional shall be liable to the School 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 or other damage incurred by the Design Professional due to the School District’s performance or paying such costs or expenses, and the obligations of the Design Professional 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 payment of, or offset against, any funds payable to or for the benefit of the Design Professional; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Design Professional; or (e) exercise any other legal, equitable or contractual right or remedy available to the School District, including but not limited to a legal action for breach of contract and damages against the Design Professional; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District, after consultation with the Program Manager, shall have the right to stop the Services or any portion thereof in the event the Design Professional 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 Capital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Design Professional shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Design Professional in writing that the cause for the Stop Work Order has been eliminated, and directs the Design Professional in writing to resume the Services. The Design Professional shall resume the Services immediately upon receipt of such written notice from the School District.

Additional Remedies of the School District. In the event the Design Professional Commissioning Agent does not cure the Event of Default within the period allowed by the School District, or if the Design Professional Commissioning Agent commits or permits an Event of Default for which Paragraph 14.2.2 above provides no notice or period of cure, then the School District, after consultation with the Program Manager, may, in its sole discretion, without further notice or demand to the Design ProfessionalCommissioning Agent, and without waiving or releasing the Design Professional Commissioning Agent 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 Design Professional 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 Design Professional Commissioning Agent shall be liable to the School 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%), 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 or other damage incurred by the Design Professional Commissioning Agent due to the School District’s performance or paying such costs or expenses, and the obligations of the Design Professional 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) withhold payment ofwithhold, or offset against, any funds payable to or for the benefit of the Design ProfessionalCommissioning Agent; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Design ProfessionalCommissioning Agent; or (e) exercise any other legal, equitable or contractual right or remedy available to the School Districtit has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach of contract and damages against the Design ProfessionalCommissioning Agent; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District, after consultation with wih the Program Manager, shall have the right to stop the Services or any portion thereof in the event the Design Professional 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 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 Design Professional Commissioning Agent shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Design Professional Commissioning Agent in writing that the cause for the Stop Work Order has been eliminated, and directs the Design Professional Commissioning Agent in writing to resume the Services. The Design Professional Commissioning Agent shall resume the Services immediately upon receipt of such written notice from the School District.

Additional Remedies of the School District. In the event the Design Professional does not cure the Event of Default within the period allowed by the School District, or if the Design Professional Construction Manager commits or permits an Event event of Default for which Paragraph 14.2.2 above provides no notice or period of curedefault, then the School District, after consultation with the Program Manager, District may, in its sole discretion, without further notice or demand to the Design Professional, and without waiving or releasing the Design Professional from any of its obligations under this Contract, invoke, exercise, and pursue 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 Design Professional Construction 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 Design Professional Construction Manager shall be liable to the School District, as damages, 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%), 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 or other damage incurred by the Design Professional due to the School District’s Construction Manager by reason of such performance or paying such costs or expenses, and the obligations of the Design Professional Construction 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 payment ofwithhold, or offset against, any funds payable to or for the benefit of the Design ProfessionalConstruction Manager; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Design ProfessionalConstruction Manager; or (e) exercise any other legal, equitable or contractual right or remedy available to the School Districtit has or may have at law, including but not limited to a legal action for breach of contract and damages against the Design Professionalin equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District, after consultation with the Program Manager, District shall have the right to stop the Services or any portion thereof in the event the Design Professional Construction 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 Interim Senior Vice President or Operations Manager of the Office 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 Design Professional Construction Manager shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Design Professional Construction Manager in writing that the cause for the Stop Work Order has been eliminated, and directs the Design Professional Construction Manager in writing to resume the Services. The Design Professional Construction Manager shall resume the Services immediately upon receipt of such written notice from the School District.

Additional Remedies of the School District. In the event the Design Professional does not cure the Event of Default within the period allowed by the School District, or if the Design Professional Construction Manager commits or permits an Event event of Default for which Paragraph 14.2.2 above provides no notice or period of curedefault, then the School District, after consultation with the Program Manager, District may, in its sole discretion, without further notice or demand to the Design Professional, and without waiving or releasing the Design Professional from any of its obligations under this Contract, invoke, exercise, and pursue 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 Design Professional Construction 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 Design Professional Construction Manager shall be liable to the School District, as damages, 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 14.514.4, 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%), 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 or other damage incurred by the Design Professional due to the School District’s Construction Manager by reason of such performance or paying such costs or expenses, and the obligations of the Design Professional Construction 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 payment ofwithhold, or offset against, any funds payable to or for the benefit of the Design ProfessionalConstruction Manager; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Design ProfessionalConstruction Manager; or (e) exercise any other legal, equitable or contractual right or remedy available to the School Districtit has or may have at law, including but not limited to a legal action for breach of contract and damages against the Design Professionalin equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District, after consultation with the Program Manager, District shall have the right to stop the Services or any portion thereof in the event the Design Professional Construction 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 or Operations Manager of the Office 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 Design Professional Construction Manager shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Design Professional Construction Manager in writing that the cause for the Stop Work Order has been eliminated, and directs the Design Professional Construction Manager in writing to resume the Services. The Design Professional Construction Manager shall resume the Services immediately upon receipt of such written notice from the School District.

Additional Remedies of the School District. In the event the Design Professional Architectural Designer does not cure the Event of Default within the period allowed by the School District, or if the Design Professional Architectural Designer commits or permits an Event of Default for which Paragraph 14.2.2 above provides no notice or period of cure, then the School District, after consultation with the Program Manager, may, in its sole discretion, without further notice or demand to the Design ProfessionalArchitectural Designer, and without waiving or releasing the Design Professional Architectural Designer 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 Design Professional 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 Design Professional Architectural Designer shall be liable to the School 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 or other damage incurred by the Design Professional Architectural Designer due to the School District’s performance or paying such costs or expenses, and the obligations of the Design Professional 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 payment ofwithhold, or offset against, any funds payable to or for the benefit of the Design ProfessionalArchitectural Designer; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Design ProfessionalArchitectural Designer; or (e) exercise any other legal, equitable or contractual right or remedy available to the School Districtit has or may have at law, in equity, or under this Contract, including but not limited to a legal action for breach of contract and damages against the Design ProfessionalArchitectural Designer; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District, after consultation with wih the Program Manager, shall have the right to stop the Services or any portion thereof in the event the Design Professional 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 Capital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Design Professional Architectural Designer shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Design Professional Architectural Designer in writing that the cause for the Stop Work Order has been eliminated, and directs the Design Professional Architectural Designer in writing to resume the Services. The Design Professional Architectural Designer shall resume the Services immediately upon receipt of such written notice from the School District.

Additional Remedies of the School District. In the event the Design Professional does not cure the Event of Default within the period allowed by the School District, or if the Design Professional commits or permits an Event event of Default for which Paragraph 14.2.2 above provides no notice or period of curedefault, then the School District, after consultation with the Program Manager, District may, in its sole discretion, without further notice or demand to the Design Professional, and without waiving or releasing the Design Professional from any of its obligations under this Contract, invoke, exercise, and pursue 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 Design Professional 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 Design Professional shall be liable to the School District, as damages, 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%), 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 or other damage incurred by the Design Professional due to the School District’s by reason of such performance or paying such costs or expenses, and the obligations of the Design Professional 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 payment ofwithhold, or offset against, any funds payable to or for the benefit of the Design Professional; or (d) collect, foreclose or realize upon any bond, collateral, security or insurance provided by or on behalf of the Design Professional; or (e) exercise any other legal, equitable or contractual right or remedy available to the School Districtit has or may have at law, including but not limited to a legal action for breach of contract and damages against the Design Professionalin equity, or under this Contract; and, (f) in addition to, and not in lieu of, the foregoing remedies, the School District, after consultation with the Program Manager, District shall have the right to stop the Services or any portion thereof in the event the Design Professional 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 Capital Programs. Any Stop Work Order shall state in reasonable detail the cause(s) for its issuance. Upon receiving a stop work order, the Design Professional shall immediately cease working on that portion of the Services specified in the Stop Work Order until the School District notifies the Design Professional in writing that the cause for the Stop Work Order has been eliminated, and directs the Design Professional in writing to resume the Services. The Design Professional shall resume the Services immediately upon receipt of such written notice from the School District.