Agency’s Remedies for Contractor’s Default. 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, including, but not limited to:
14.2.1. Termination of this Contract under Section 14.6.2; or
14.2.2. Withholding all monies due for Services and Deliverables that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; or
14.2.3. Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or
14.2.4. Exercise of its right of setoff, and withholding of amounts otherwise due and owing to Contractor, without penalty; or
14.2.5. Undertaking collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law.
Agency’s Remedies for Contractor’s Default. 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, including, but not limited to: Termination of this Contract under Section 14.6.2; or Withholding all monies due for Services and Deliverables that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; or Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or Exercise of its right of setoff, and withholding of amounts otherwise due and owing to Contractor, without penalty; or Undertaking collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law. Remedies Cumulative. The remedies set forth in Section 14.2 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 a court determines that Contractor was not in default under Sections 14.1, then Contractor will be entitled to the same remedies as if this Contract was terminated pursuant to Section 14.6.1.
Agency’s Remedies for Contractor’s Default. 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, including, but not limited to:
14.2.1. Termination of this Contract under Section 14.6.2; or
14.2.2. Withholding all monies due for Services and Deliverables that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; or
14.2.3. Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or
14.2.4. Exercise of its right of setoff, and withholding of amounts otherwise due and owing to Contractor, without penalty.
Agency’s Remedies for Contractor’s Default. In the event Contractor is in default under Section 18.a, Agency may, at its option, pursue any or all of the remedies available to it under this Price Agreement and at law or in equity, including, but not limited to: i. termination of this Price Agreement under Section 18.e(ii); ii. withholding all monies due for Work and Work Products that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively;
Agency’s Remedies for Contractor’s Default. In the event Contractor is in default under Section 13.a, 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:
(i) termination of this Contract under Section 13.e(ii);
(ii) withholding all monies due for Work and Work Products that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively;
(iii) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief;
(iv) exercise of its right of setoff. These 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 a court determines that Contractor was not in default under Sections 13.a, then Contractor shall be entitled to the same remedies as if this Contract was terminated pursuant to Section 13.e(i).
Agency’s Remedies for Contractor’s Default. In the event Contractor is in default under Section 13.a, 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:
(i) Termination of this Contract under Section 13.e (ii);
(ii) Withholding all monies due for Work and Work Products that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively;
(iii) Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief;
(iv) Offsetting against any payment(s) due or expense(s) reimbursable to Contractor an amount equal to payments previously made related to Contractor’s default;
(v) Charging Contractor for Agency’s reasonable costs or expenses in investigating Contractor’s Work related to the default;
(vi) Pursuing collection of liquidated damages in accordance with section 1.17 of Exhibit A, (Statement of Work). These 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 a court determines that Contractor was not in default under Sections 13.a, then Contractor shall be entitled to the same remedies as if this Contract was terminated pursuant to Section 13.e (i).
Agency’s Remedies for Contractor’s Default. In the event a party is in default, the other party may, at its option, pursue any or all of the remedies available to it under this Contract and at law or in equity.
Agency’s Remedies for Contractor’s Default. 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, including, but not limited to:
14.2.1. Termination of this Contract under Section 14.6.2; or
14.2.2. Withholding the transfer of CFP clean fuels credits to Contractor, if Contractor has failed to deliver Services or Deliverables within any scheduled completion dates or has performed inadequately or defectively; or
14.2.3. Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief.
Agency’s Remedies for Contractor’s Default. 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 Price Agreement and at law or in equity, including, but not limited to: Termination of this Price Agreement or any WOC entered into under the Price Agreement, under Section 14.6.2; or Withholding all monies due for Services and Deliverables that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; or Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or Exercise of its right of setoff, and withholding of amounts otherwise due and owing to Contractor, without penalty; or Undertaking collection by administrative offset, or garnishment if applicable, of all monies due for Services and Deliverables to recover liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State. Offsets or garnishment may be initiated after the Contractor has been given notice if required by law. Remedies Cumulative. The remedies set forth in Section 14.2 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 a court determines that Contractor was not in default under Sections 14.1, then Contractor will be entitled to the same remedies as if this Price Agreement was terminated pursuant to Section 14.6.1. Default by Agency. Agency will be in default under this Price Agreement if: Agency fails to pay Contractor any amount pursuant to the terms of this Price Agreement, and Agency fails to cure such failure within 30 calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice; or Agency commits any material breach or default of any covenant, warranty, or obligation under this Price Agreement, and such breach or default is not cured within 30 calendar days after Contractor’s notice or such longer period as Contractor may specify in such notice.
Agency’s Remedies for Contractor’s Default. 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, including, but not limited to: Termination of this Contract under Section 13.3; or Withholding all monies due for Goods or Services that Contractor has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; or Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or Exercise of its right of setoff, and withholding of amounts otherwise due and owing to Contractor, without penalty.
