Contractor's Nonperformance Clause Samples
Contractor's Nonperformance. If Contractor fails to comply with any requirement of the Contract or fails to provide goods, deliverables, or services as required, including, but not limited to, this Contract, TDI may immediately terminate, suspend, or cancel all or any part of the Contract.
i. Upon written notice of default or cause to Contractor, TDI may immediately terminate or suspend all or any part of the Contract. Termination is not an exclusive remedy, but shall be in addition to any other rights and remedies provided in equity, by law, or under the Contract. In the event of a partial termination of specific goods, deliverables, or services, Contractor is liable for all costs. Contractor cannot claim reimbursement from TDI for work performed on the canceled good, deliverable, or service.
ii. TDI may exercise any other right, remedy, or privilege which may be available to it under applicable law of the State and any other applicable law, or may proceed by appropriate court action to enforce the provisions of this Contract. The exercise of foregoing remedies will not constitute a termination of the Contract unless TDI notifies Contractor in writing prior to the exercise of such remedy.
iii. TDI may obtain substitute requested items, withhold acceptance and payments to Contractor, revoke any prior acceptance, require Contractor to refund amounts paid prior to revocation of acceptance, and pursue all rights and remedies against Contractor under the Contract and any applicable law.
iv. Contractor remains liable for all covenants and indemnities under the Contract.
v. Contractor is liable for all costs and expenses, including court costs, incurred by TDI with respect to the enforcement of any remedies listed herein.
Contractor's Nonperformance. If for any reason the CONTRACTOR or driver for the CONTRACTOR shall fail to complete the transportation of commodities in transit, or abandon the shipment or otherwise subject the CARRIER to liabilities from shippers, consignees, or governmental agencies on account of the acts or omission of the CONTRACTOR’s driver en- route, the CONTRACTOR expressly agrees that the CARRIER shall have the right, pursuant to the Interstate commerce Act, without sending notice of breach and default to the CONTRACTOR as provided in Paragraph 12, to complete performance using the same or other driver, and hold the CONTRACTOR liable for the cost thereof and for any costs and expenses arising out of such completion of such trip in addition to any other costs and expenses set forth in the Agreement and to pay the CARRIER any damages for which the CARRIER may be liable to shippers or consignees arising out of the failure to complete delivery of the shipment CONTRACTOR will also be responsible for all such claims resulting from cargo shortages, cargo damage and delays. CONTRACTOR expressly agrees that the CARRIER shall have the right and option to satisfy such claims, and to charge back the amount the CARRIER is so caused to pay against the compensation to be paid CONTRACTOR. Where employment or labor disputes between CONTRACTOR and its drivers result in the stoppage or interruption for work, the CARRIER may in its sole discretion immediately cease using CONTRACTOR’s services and utilize services from any other source and continue to do so until thirty (30) days after cessation of such stoppage or interruption.