County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; Not placing any further orders or subcontracts for materials, services, equipment, or other items; Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 32 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Pre Construction Phase Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; Not placing any further orders or subcontracts for materials, services, equipment, or other items; Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 14 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. .
i. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: :
1. Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; ;
2. Not placing any further orders or subcontracts for materials, services, equipment, or other items; ;
3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; ;
4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; ;
5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; ;
6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; ;
7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.
ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 10 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. .
i. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: :
1. Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; ;
2. Not placing any further orders or subcontracts for materials, services, equipment, or other items; SAMPLE
3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; ;
4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; ;
5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; ;
6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; ;
7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.
ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 9 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. .
i. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: :
1. Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; ;
2. Not placing any further orders or subcontracts for materials, services, equipment, or other items; ;
3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; ;
4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; ;
5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; ;
6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; ;
7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.
ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 6 contracts
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 5(b) above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Seek specific performance; Withhold payment to Contractor until Contractor cures its breach; or suspend Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. .
i. If County terminates this AgreementAgreement for breach or convenience, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: :
1. Halting performance of all services and other work under the Agreement Work on the date(s) and in the manner specified by County; ;
2. Not placing any further orders or subcontracts for materials, services, equipment, or other items; ;
3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; ;
4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; ;
5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; ;
6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; ;
7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.
ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 5 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 5(b) above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Seek specific performance; Withhold payment to Contractor until Contractor cures its breach; or suspend Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. If County terminates this AgreementAgreement for breach or convenience, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: Halting performance of all services and other work under the Agreement Work on the date(s) and in the manner specified by County; Not placing any further orders or subcontracts for materials, services, equipment, or other items; Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 4 contracts
Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. .
i. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: :
1. Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; ;
2. Not placing any further orders or subcontracts for materials, services, equipment, or other items; ;
3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; SAMPLE CONTRACT
4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; ;
5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; ;
6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; ;
7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.
ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. .
i. If County terminates this Agreement, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: :
1. Halting performance of all services and other work under the Agreement on the date(s) and in the manner specified by County; ;
2. Not placing any further orders or subcontracts for materials, services, equipment, or other items; ;
3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; ;
4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; ;
5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; ;
6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; ;
7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.
ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor. If County terminates this Agreement due to Contractor’s breach, the parties acknowledge Contractor shall not receive payments, including those contemplated under §1(d).
Appears in 1 contract
Samples: Professional Services Agreement
County Remedies. If Contractor is in breach under any provision of this Agreement License and fails to cure such breach following notice and 30 days to cure as provided in §4 above, County may terminate this Agreement License or any portion of this AgreementLicense, or in its sole discretion choose one or more of the following remedies: Withhold payment to Contractor until Contractor cures its breach; or suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. If County terminates this AgreementLicense, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: Halting performance of all services and other work under the Agreement License on the date(s) and in the manner specified by County; Not placing any further orders or subcontracts for materials, services, equipment, or other items; Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement License which is in the possession of Contractor and in which County has or may acquire an interest. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 1 contract
Samples: License for Marina Operation
County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach following notice and 30 days to cure as provided in §4 5(b) above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Seek specific performance; Withhold payment to Contractor until Contractor cures its breach; or suspend Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work. If County terminates this AgreementAgreement for breach or convenience, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following: Halting performance of all services and other work under the Agreement Work on the date(s) and in the manner specified by County; Not placing any further orders or subcontracts for materials, services, equipment, or other items; Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances; Comment [JC1]: Update if needed depending on the circumstances. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated. Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts; Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County; Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.
Appears in 1 contract
Samples: Construction Services Agreement