Contractor Remedies in the Event of Default Sample Clauses

Contractor Remedies in the Event of Default. ‌ Upon occurrence of an Event of Default on the part of the Department, Contractor is entitled to any one (1) or all of the following remedies:
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Contractor Remedies in the Event of Default. If the State fails to cure an Event of Default within the prescribed time, then the Contractor shall provide the State with a second written notice (“Termination Notice”) reciting that Contractor intends to pursue termination of this Contract. The Termination Notice will not be effective unless it references this subsection 7.4. If the State fails to cure the Event of Default within ninety (90) calendar days from receipt of the Termination Notice, then the Contractor may terminate the Contract and recover the costs it actually incurred for authorized Services satisfactorily performed. To recover such costs, Contractor shall submit to the Department, within sixty (60) calendar days of termination, a request for payment of such amounts. Requests submitted later than sixty (60) calendar days after termination will not be honored and will be returned unpaid. In the event of termination, the Contractor shall work with the State in good faith to phase out the Services pursuant to section 8.5 below.
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Contractor Remedies in the Event of Default. If an Event of Default has occurred pursuant to subsection 8.3 above and if Contractor wishes to elect to terminate this Contract, then Contractor shall provide the Department with a second written Notice (“Termination Notice”) evidencing its intent to terminate this Contract pursuant to this subsection and reciting that Contractor intends to pursue termination of the Contract if the Event of Default is not cured. The Termination Notice will not be effective unless it references this subsection and provides that Contractor intends to pursue termination of the Contract if the Event of Default is not cured. If the Department fails to cure the default within ninety (90) Calendar Days from receipt of the Termination Notice, then Contractor may institute legal proceedings to terminate the Contract and exercise all of its remedies hereunder. Contractor agrees that the remedies set forth in this Contract shall be its exclusive remedy for termination and that, except as otherwise provided, Contractor is not entitled to, and will not seek, any other reimbursement or payment, or damages, including but not limited to lost profits. In the event of termination, Contractor shall work with the Department in good faith to phase out the Services of this Contract pursuant to section 10.
Sample 1
Contractor Remedies in the Event of Default. If an Event of Default has occurred pursuant to subsection 8.3 above and, without limiting any other rights and remedies of the Contractor, including the right to seek legal and equitable remedies, if Contractor wishes to elect to terminate this Contract, then Contractor shall provide the Department with a second written notice (“Termination Notice”) evidencing its intent to terminate this Contract pursuant to this subsection and reciting that Contractor intends to pursue termination of the Contract if the Event of Default is not cured. The Termination Notice will not be effective unless it references this subsection and provides that Contractor intends to pursue termination of the Contract if the Event of Default is not cured. If the Department fails to cure the default within ninety (90) Calendar Days from receipt of the Termination Notice, then Contractor may institute legal proceedings to terminate the Contract and exercise all of its remedies hereunder. In the event of termination, Contractor shall work with the Department in good faith to phase out the Services of this Contract pursuant to section 10.
Sample 1
Contractor Remedies in the Event of Default. If, and only if, the Department fails to pay the Contractor when due undisputed charges totaling at least one month charges under the Contract and fails to make such payment within 30 days of receipt of invoice, the Contractor may terminate the Contract as of a date specified in a separate written notice of termination given to the Department. For the avoidance of doubt, this section states the only circumstances in which, and the only grounds on which, the Contractor has the right to terminate the Contract prior to its expiration. Contractor must provide written notice of its intent to terminate no sooner than 60 days from the date the Department failed to make payment as required per this Contract. The Contractor’s termination notice will not be effective unless it references this Contract Subsection and expressly states that the Contractor intends to pursue termination of the Contract if the Department’s failure to pay undisputed amounts due and owing is not cured within the agreed upon cure period. The exclusive remedy available to Contractor if the Department fails to make payment as specified in the Contract will be to terminate the Contract.
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Related to Contractor Remedies in the Event of Default

  • EVENT OF DEFAULT/REMEDIES 8.1 Any one or more of the following acts or omissions of the Contractor shall constitute an event of default hereunder (“Event of Default”):

  • Events of Default Remedies If any of the following events (“Events of Default”) shall occur:

  • Default Remedies Any one of the following occurrences shall constitute an ----------------- "EVENT OF DEFAULT" under this Note: (i) failure by the Maker to make any payment of principal or interest when the same becomes due and payable, said failure continuing for thirty (30) days or more; or (ii) if Maker shall fail to pay its debts, make an assignment for the benefit of its creditors, or shall commit an act of bankruptcy, or shall admit in writing its inability to pay its debts as they become due, or shall seek a composition, readjustment, arrangement, liquidation, dissolution or insolvency proceeding under any present or future statute or law, or shall file a petition under any chapter of federal Bankruptcy Code or any similar law, state or federal, now or hereafter existing, or shall become "insolvent" as that term is generally defined under the Federal Bankruptcy Code, or shall in any involuntary bankruptcy case commenced against it file an answer admitting insolvency or inability to pay its debts as they become due, or shall fail to obtain a dismissal of such case within sixty (60) days after its commencement or convert the case from one chapter of the Federal Bankruptcy Code to another chapter, or be the subject of an order for relief in such bankruptcy case, or to be adjudged a bankruptcy or insolvent, or shall have a custodian, trustee or receiver appointed for, or have any court take jurisdiction of its property, or any part thereof, in any proceeding for the purpose of reorganization, arrangement, dissolution or liquidation, and such custodian, trustee, liquidator or receiver shall not be discharged, or such jurisdiction shall not be relinquished, vacated or stayed within sixty (60) days of the appointment. Upon occurrence of an Event of Default hereunder, the entire outstanding principal balance and any unpaid interest then accrued under this Note, shall at the option of the Payee hereof and without demand or notice of any kind to the undersigned or any other person (including, but not limited to, any guarantor now or hereafter existing), immediately become and be due and payable in full. In such event, Payee shall have and may exercise any and all rights and remedies available at law or in equity.

  • Event of Breach Remedies 14.1. Event of Breach by Contractor. Any one or more of the following Contractor acts or omissions constitute an event of material breach under this Contract:

  • Default Remedies Termination A. [Sec. 400]

  • CUSTOMER REMEDIES XxxxxxxxxxXxxxxx.xxx's entire liability and your exclusive remedy shall be, at XxxxxxxxxxXxxxxx.xxx's option, either refund of the price paid for the defective Software, or repair or replacement of the defective Software, in each case upon return to XxxxxxxxxxXxxxxx.xxx during the warranty period. You must return the defective Software product to XxxxxxxxxxXxxxxx.xxx with a copy of your purchase receipt. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

  • Defaults Remedies (a) It shall be an Event of Default:

  • BREACH; REMEDIES Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.

  • Termination for Default; Remedies 8.2.1 Each of the following shall constitute an immediate event of default (“Event of Default”) under this Agreement:

  • Events of Default and Remedies Section 8.01

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