Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach; b. Unless a longer period is provided by the County, the Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County; c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County; d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part; e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed; f. No increase in Total Price, Period of Performance, or Fixed Fee shall result from this provision; and g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 5 contracts
Samples: Professional Services, Professional Services, Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Professional Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;; DRAFT
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;; DRAFT
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Professional Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services
Cure Notice. DRAFT
1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Professional Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective correctiv action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Fee o shall result from this provision; andand Fixed Professional Fee
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;; DRAFT
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Professional Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;; DRAFT
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Professional Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;; DRAFT
f. No increase in Total Price, Period of Performance, or Fixed Professional Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services
Cure Notice. 1. If the County determines that a breach of contract has occurred, that is, the Consultant has failed to comply with any material terms or conditions of this Agreement or Work Order or the Consultant has failed to provide in any manner the Work work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply:
a. The County will provide the Consultant with a Cure notice; thereby notifying the Consultant in writing of the nature of the breach;
b. Unless a longer period is provided by the County, the The Consultant shall respond in writing within three (3) business days of its receipt of such notification, which response shall include a corrective action plan indicating the steps to be taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the contract into compliance within the number of calendar days specified by the County;
c. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective action plan shall be at the sole discretion of the County;
d. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant’s corrective action plan is determined by the County to be insufficient, the County may commence termination of this contract in whole or in part;
e. The County may withhold any payment owed the Consultant and/or instruct the Consultant to refrain from incurring additional costs until the County is satisfied that corrective action has been taken or completed;
f. No increase in Total Price, Period of Performance, or Fixed Professional Fee shall result from this provision; and
g. Nothing herein shall be deemed to affect or waive any other rights of the County.
Appears in 1 contract
Samples: Professional Services