Common use of Agency’s Remedies Clause in Contracts

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. 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: Requiring Contractor to stop work under Section 17; Termination of this Contract under Section 16.2; Withholding or offsetting payment for erroneous invoices for the Application Subscription 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, 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 Pursue 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: Requiring Contractor to stop work under the Contract under Section 17; Termination of this Contract under Section 16.2; Withholding or offsetting payment for erroneous invoices for the Application Subscription 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, 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. 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 System 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 System 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 setoffsetoff against the compenstation due Contractor under this Contract for any amounts invoiced and due to Contractor with amounts Contractor is found to own to Agency; Undertake collection by administrative offset, or garnishment if applicable, of The tax compliance remedies described in Section 18; and Garnish 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.