Agency’s Remedies. In the event Contractor is in default under Section 14.1, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, which include, without limitation: Termination of this Contract under Section 16.2; Withholding or offsetting payment for erroneous invoices for the Application Services or other Services that Contractor is obligated but has failed to perform in accordance with this Contract, including warranties in Section 11; With respect to Hardware, Services, and Software for which Agency has paid before Final Acceptance of the Implementation, rejecting the Services and Deliverables, and returning the Hardware and Software to Contractor for which Agency has paid, in exchange for a return of all moneys previously paid for such Deliverables, Services, Hardware, and Software, and initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; Assessment of damages [and liquidated damages] as a result of Contractor’s failure to provide the Application Services or Deliverables and Services as and when required by Exhibit A, Statement of Work, or as a result of Contractor’s failure to meet the performance standards and Service Level Agreements specified in Exhibit B. If Agency recovers actual damages in addition to service credits or liquidated damages, Agency will reduce such actual damages by the amounts received as service credits or liquidated damages for the same event(s) causing the actual damages. Exercise of its right of setoff; Undertake collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to State or any department or agency of State. Offsets or garnishment may be initiated after Contractor has been given notice if required by law; and The tax compliance remedies described in Section 18.
Agency’s Remedies. If Contractor is in default under Section 14.1, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, which include, without limitation: Termination of this Contract under Section 16.2; Withholding or offsetting payment for erroneous invoices or for Services that Contractor is obligated but has failed to perform in accordance with this Contract, including warranties in Section 11; Exercise of its right of setoff; Undertake collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to State or any department or agency of State. Offsets or garnishment may be initiated after Contractor has been given notice if required by law; and The tax compliance remedies described in Section 18.
Agency’s Remedies. If Contractor is in default under Section 2.17.1, in addition to the remedies afforded elsewhere in this Contract, Agency may recover any and all damages suffered as the result of Contractor’s breach, including but not limited to direct, indirect, incidental and consequential damages, as provided in ORS 72.7110 to 72.7170. Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, including, but not limited to: • Stop Work or Suspend delivery of Goods as provided in Section 2.19.2; or • Termination of the Contract as provided in Section 2.19.1 or 2.19.2; or • Withholding all monies due for invoiced Goods that Contractor is obligated but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; or • Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief including, but not limited to, temporary suspension of work or permanent work stoppage until such relief has been restored to the satisfaction of the Agency; or • Undertaking collection by administrative offset, or garnishment if applicable, of all monies due for Good to recover liquidated and delinquent debt owed to the State or any department or agency of the State. Offsets or garnishment may be initiated only after the Contractor has been given: i) written notice of the type and amount of the debt, the intention of the State to use administrative offset or garnishment to collect the debt, and an explanation of the debtor's rights under applicable law; and ii) the opportunity to make a written agreement to repay the debt; or • Exercise of its right of setoff, and withholding of monies otherwise due and owing in an amount equal to Agency’s setoff without penalty to Agency. Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.
Agency’s Remedies. In the event Contractor is in default under Section 11.1, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, which include, without limitation: termination of this Contract under Section 13.2; withholding all monies due for Services that Contractor is obligated but has failed to perform within thirty (30) days after Agency has notified Contractor of the nature of Contractor’s default; exercise of its right of setoff. Remedies Cumulative These Agency remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in default under Section11.1, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to Section 13.1.
Agency’s Remedies. Any employee participating in any violation of this Article directly or indirectly may be disciplined, including discharged, by the Agency. Such disciplinary action may be undertaken selectively at the option of the Agency. Such disciplinary action shall not preclude or restrict recourse to any other remedies.
Agency’s Remedies. In the event Consultant is in default under Section 11.1, Agency may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, which include, without limitation: termination of this Agreement under Section 13.2; withholding all monies due for Services that Consultant is obligated but has failed to perform within thirty (30) days after Agency has notified Consultant of the nature of Consultant’s default; initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; exercise of its right of setoff. Remedies Cumulative These Agency remedies are cumulative to the extent the remedies are not inconsistent, and Agency may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Consultant was not in default under Section 11.1, the rights and obligations of the parties shall be the same as if this Agreement was terminated pursuant to Section 13.1.
Agency’s Remedies. In the event Contractor is in default under Section 14.1, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, which include, without limitation: Termination of this Contract under Section 16.2; Withholding or offsetting payment for erroneous invoices or for Services that Contractor is obligated but has failed to perform in accordance with this Contract, including warranties in Section 11; With respect to Hardware and Software for which Agency has paid before Final Acceptance, returning the Hardware and Software to Contractor in exchange for a return of all moneys previously paid for such Hardware and Software, and initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; Exercise of its right of setoff; Undertake collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to State or any department or agency of State. Offsets or garnishment may be initiated after Contractor has been given notice if required by law; and The tax compliance remedies described in Section 18.
Agency’s Remedies. In the event Contractor is in default under Section 14.1, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, which include, without limitation:
15.1.1. Requiring Contractor to stop work under Section 17;
15.1.2. Termination of this Contract under Section 16.2;
15.1.3. Withholding or offsetting payment for erroneous invoices for Services that Contractor is obligated but has failed to perform in accordance with this Contract, including warranties in Section 11;
15.1.4. Assessment of damages as a result of Contractor’s failure to provide Deliverables and Services as and when required under a Statement of Work;
15.1.5. Exercise of its right of setoff;
15.1.6. Undertake collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to State or any department or agency of State. Offsets or garnishment may be initiated after Contractor has been given notice if required by law; and
15.1.7. The tax compliance remedies described in Section 18.
Agency’s Remedies. In the event Contractor is in default under Section 13.1, Agency may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity, which include, without limitation:
14.1. 1 termination of this Contract under Section 15.2;
Agency’s Remedies. (a) Upon an Event of Default, the Homeowner shall promptly refund the full Compensation Price to the Agency within 30 days, plus all costs and fees, including reasonable attorneys' fees, incurred by the Agency.
(b) In addition to the above, Homeowner shall pay as liquidated damages to the Agency an amount equal to one of the following, as applicable:
(i) if a period of less than or equal to five (5) years has elapsed between the Effective Date of this Agreement and the date of such Event of Default, an amount equal to 50% of the Compensation Price; or
(ii) if a period of more than five (5) years has elapsed between the Effective Date of this Agreement and the date of such Event of Default, an amount equal to 100% of the Compensation Price.
