Breach of Contract. The failure of the A-E to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event, in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, the County may: a) afford the A-E written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this CONTRACT within which to cure the breach; b) discontinue payment to the A-E for and during the period in which the A-E is in breach; and c) offset those monies disallowed pursuant to the above, against any monies billed by the A-E but yet unpaid by the County. specified within the specifications or Contract, whichever is greater, the County may reject same, and it shall become the duty of the A-E to reclaim and remove the items without expense to the County and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should the A-E fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, the County shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to the A-E the difference between the price specified in this Contract and the actual cost to the County.
Appears in 24 contracts
Samples: Construction Management Agreement, Professional Services, Professional Services
Breach of Contract. The failure of the A-E to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event, in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, the County may:
a) a. afford the A-E written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this CONTRACT Contract within which to cure the breach;
b) b. discontinue payment to the A-E for and during the period in which the A-E is in breach; and
c) c. offset those monies disallowed pursuant to the above, against any monies billed by the A-A- E but yet unpaid by the County. specified within the specifications or Contract, whichever is greater, the County may reject same, and it shall become the duty of the A-E to reclaim and remove the items without expense to the County and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should the A-E fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, the County shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to the A-E the difference between the price specified in this Contract and the actual cost to the County.
Appears in 10 contracts
Samples: On Call Land Surveying Services Agreement, On Call Land Surveying Services Agreement, On Call Power Generation and Distribution Engineering Services Agreement
Breach of Contract. The failure of the A-E to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event, in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, the County may:
a) afford the A-E written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this CONTRACT Contract within which to cure the breach;
b) discontinue payment to the A-E for and during the period in which the A-E is in breach; and
c) offset those monies disallowed pursuant to the above, against any monies billed by the A-E but yet unpaid by the County. specified within the specifications or Contract, whichever is greater, the County may reject same, and it shall become the duty of the A-E to reclaim and remove the items without expense to the County and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should the A-E fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, the County shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to the A-E the difference between the price specified in this Contract and the actual cost to the County.
Appears in 8 contracts
Samples: Professional Services, Professional Services, Professional Services
Breach of Contract. The failure of the A-E to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event, in addition to any other remedies available at law, in equity, or otherwise specified in this Contract, the County may:
a) afford the A-E written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this CONTRACT Contract within which to cure the breach;
b) discontinue payment to the A-E for and during the period in which the A-E is in breach; and,
c) offset those monies disallowed pursuant to the above, against any monies billed by the A-E but yet unpaid by the County. specified within the specifications or Contract, whichever is greater, the County may reject same, and it same It shall become be the duty of the A-E to reclaim and remove the items without expense to the County and to immediately replace all such rejected equipment or service with others conforming to such specifications, provided that should . Should the A-E fail, neglect or refuse to do so within one hundred and twenty (120) calendar days, the County shall have the right to purchase on the open market a corresponding quantity of any such equipment or service and to deduct from any monies due or that may thereafter become due to the A-E the difference between the price specified in this Contract and the actual cost to the County.
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services