Cover / Substitute Performance Clause Samples

Cover / Substitute Performance. Upon the failure of the Contractor to properly perform within the time specified, failure to provide acceptable service, to make immediate replacement of rejected Product when so requested, or upon the revocation of the Contract by the Commissioner for cause, or upon repudiation of the contract by the Contractor, the Commissioner may, with or without formally bidding same: i. purchase from other sources to replace the Product rejected, revoked, not timely delivered or repudiated; or ii. If after making reasonable attempts, under the circumstances then existing, to timely provide acceptable service or acquire replacement product of equal or comparable quality, the Commissioner is unsuccessful, the Commissioner may acquire acceptable service or replacement product of lesser or greater quality. Such purchases may, in the discretion of the Commissioner, be deducted from the contract quantity.

Cover / Substitute Performance. In the event of Contractor’s material breach, the Authorized User may, with or without formally bidding same: i. Purchase from other sources to replace the Product rejected, revoked, not timely delivered or repudiated; or ii. If, after making reasonable attempts, under the circumstances then existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner is unsuccessful, the Commissioner may acquire replacement Product or service of lesser or greater quality. Such purchases may, in the discretion of the Commissioner, be deducted from the order quantity and payments due Contractor.