CORRECTION OF PERFORMANCE DEFICIENCIES AND TERMINATION. Failure by Contractor to comply with any of the provisions, covenants, requirements, or conditions of this Agreement shall be a material breach of this Agreement. In such event the Commission, in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement, may: Afford Contractor a time period within which to cure the breach, which period shall be established at the sole discretion of the Executive Director; and/or Request Contractor provide and implement an action plan to correct breach within a reasonable timeframe; and/or Discontinue reimbursement to the Contractor for and during the period in which the Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or; Withhold funds pending duration of the breach; and/or Offset against any monies billed by the Contractor but yet unpaid by the Commission those monies disallowed pursuant to bullet 3 of this paragraph; and/or Immediately terminate this Agreement with just cause and be relieved of the payment of any consideration to the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, the Commission may proceed with the work in any manner deemed proper by the Commission. The cost to the Commission shall be deducted from any sum due to the Contractor under this Agreement and the balance, if any, shall be paid by the Contractor upon demand.
CORRECTION OF PERFORMANCE DEFICIENCIES AND TERMINATION. Failure by Sub-contractor to comply with any of the provisions, covenants, requirements, or conditions of this Sub-Contract shall be a material breach of this Sub-Contract. In such event the Contractor and or the Commission, in addition to any other remedies available at law, in equity, or otherwise specified in this Sub-Contract, may: ▪ Afford Sub-Contractor a time period within which to cure the breach, which period shall be established at the sole discretion of Contractor; and/or ▪ Request Sub-contractor provide and implement an action plan to correct breach within a reasonable timeframe; and/or ▪ Discontinue reimbursement to the Sub-contractor for and during the period in which the Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or; ▪ Withhold funds pending duration of the breach; and/or ▪ Offset against any monies billed by the Sub-Contractor but yet unpaid by the Contractor those monies disallowed pursuant to bullet 3 of this paragraph; and/or ▪ Immediately terminate this Sub-Contract with just cause and be relieved of the payment of any consideration to the Sub-Contractor should the Sub-Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, Contractor and or the Commission may proceed with the work in any manner deemed proper by the Contractor. The cost to Contractor and or the Commission shall be deducted from any sum due to the sub-Contractor under this Sub- Contract and the balance, if any, shall be paid by the Sub-Contractor upon demand.
