Common use of Department of Administration Purchasing Clause in Contracts

Department of Administration Purchasing. through the Department, whenever the Department fails to make payment for services under this Contract for sixty (60) days and fails to cure such non-payment or make progress toward curing nonpayment within a period of thirty (30) days after receipt of the MCO’s written notice of termination. The rights and remedies of the Department provided in this clause are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. If the State of West Virginia, Department of Administration Purchasing through the Department terminates the Contract for default, the MCO will be responsible for all reasonable costs incurred by the Department, the State of West Virginia, or any of its administrative agencies to replace the MCO. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation that is reasonably attributable to the MCO’s failure to perform any service in accordance with the terms of the Contract.

Department of Administration Purchasing. through the Department, whenever the Department fails to make payment for services under this Contract for sixty (60) calendar days and fails to cure such non-payment or make progress toward curing nonpayment within a period of thirty (30) calendar days after receipt of the MCO’s written notice of termination. The rights and remedies of the Department provided in this clause are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. If the State of West Virginia, Department of Administration Purchasing through the Department terminates the Contract for default, the MCO will be responsible for all reasonable costs incurred by the Department, the State of West Virginia, or any of its administrative agencies to replace the MCO. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation that is reasonably attributable to the MCO’s failure to perform any service in accordance with the terms of the Contract.