District Remedies. In the event of default, and after the District has given notice and opportunity to cure where required, and if the Service Provider does not cure the default as required by the District, the District may avail itself of any remedies available to it by law and take, or elect not to take, any of the following actions, concurrently or consecutively, as the District in its sole discretion may decide:
12.4.1. Terminate the Agreement or any part thereof. To the extent terminated, the Service Provider shall stop all work. The Service Provider shall complete and deliver to the District all work not cancelled by the termination notice. The District will pay only for accepted Services performed before termination.
12.4.2. Suspend the Service Provider’s performance pending corrective action as the District may specify. The Service Provider shall cease all performance as the District may direct and will not be entitled to an adjustment in price or performance schedule.
12.4.3. Withhold payment to the Service Provider pending cure by the Service Provider.
12.4.4. Deny payment for Services not performed, or for Services that due to the Service Provider’s actions or inactions cannot be performed, or, if they were performed, are of no value to the District. Denial of payment will be equal to the value of the obligations or Services not performed.
District Remedies. If District reasonably determines in good faith that Contractor has materially breached any of its obligations under this Section, District, in its sole discretion, shall have the right to provide Contractor with a fifteen (15) day period to cure the breach, or terminate the Agreement immediately if cure is not possible. District shall provide written notice to Contractor describing the violation and the action it intends to take.
District Remedies. If an Event of Default by Provider under Sections 14(A) or 14(B) has occurred and is continuing, then following the expiration of any applicable cure period, District may at its discretion: (i) suspend performance under this Agreement, (ii) seek damages or specific performance from a court of appropriate jurisdiction, and/or (iii) terminate this Agreement. In the event that District terminates this Agreement pursuant to this Section 14(D), District may elect to either (a) purchase the Solar Facility in accordance with Section 9 as of the time of the event of default as its sole and exclusive remedy (excluding any obligation of Provider to indemnify under Section 17(A); or (b) require Provider to remove the Solar Facility within one- hundred eighty (180) days at Provider’s sole cost and expense and restore the Site as required in Section 3.
District Remedies. 9.3.1 Without prejudice to any other rights or remedies of the District, the following remedies shall be available to the District in the case of a Design/Builder event of default:
9.3.1.1 The District shall have the right to terminate this Agreement upon an additional seven (7) days’ written notice to Design/Builder, provided that Design/Builder has not commenced a cure within such seven-day period.
9.3.1.2 The District may take possession of the Project site and of all materials, equipment, tools and construction equipment on site owned by Design/Builder.
9.3.1.3 The District may accept assignment of the construction subcontract and/or design subcontract.
9.3.1.4 The District may finish the Work by whatever reasonable method the District may deem expedient.
9.3.1.5 The District may seek such remedies as may be available under existing law.
District Remedies. The Corporation’s failure to perform any of its obligations hereunder shall not be an event permitting the nonpayment of Rental Payments by the District. The parties hereto agree that the performance of the Corporation is unique, that the remedies at law for the Corporation’s nonperformance would be inadequate, and that the District shall institute a suit for specific performance by the Corporation upon any default by the Corporation.
District Remedies. In the event Grantee is in default under Section 12, District may, at its option, pursue any or all of the remedies available to it under this Grant and at law or in equity, including, but not limited to (a) termination of this Grant under Section 16, (b) reducing or withholding payment for Project activities that Grantee has failed to complete according to the Act, (c) requiring Grantee to complete, at Grantee’s expense, additional activities necessary to satisfy its obligations or meet performance standards under this Grant, (d) withholding payment of State School Funds, (e) exercise of its right of recovery of overpayments under Section 14 of this Grant or setoff, or both, or (g) pursue termination of the charter contract as per ORS 338.105. These remedies are cumulative to the extent the remedies are not inconsistent, and District may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever.
District Remedies. By March 28, 2014, the District will develop and submit to OCR for review a Section 504/Title II grievance procedure to comply with the requirements of the Section 504 regulation at 34 C.F.R. § 104.7(b) and the Title II regulation at 28 C.F.R. § 35.107(b). The grievance procedure will incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504 or Title II, including disability-based harassment. At a minimum, the grievance procedure will include:
District Remedies. The Contractor acknowledges that the unauthorized disclosure or improper use of SSI by the Contractor may cause irreparable harm to the District and the public. The District retains all of its legal rights and remedies to enforce this Agreement. Furthermore, the Contractor acknowledges that the District is entitled to seek equitable remedies, including temporary and permanent injunctive relief, without the necessity of posting a bond or other security, to enforce this Agreement. No remedy or election under this Agreement shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity.
District Remedies. By February 1, 2019, the District will provide training by a competent authority on Section 504 on the District’s obligations to students with disabilities under Section 504 to all District administrators, guidance counselors, teachers and staff. The training will include specific information on how to recognize, and identify for referral for evaluation, students with medical diagnoses. Upon request from the District, OCR may be able to provide the training. If OCR does not provide the training, the District will make arrangements for the training to be presented by an individual or group with the necessary knowledge and expertise.
District Remedies. Recipient acknowledges that the unauthorized disclosure or improper use of the Security Sensitive Information by Recipient may cause irreparable harm to District and the public. The District retains all of its legal rights and remedies to enforce this Agreement. Furthermore, Recipient acknowledges that the District is entitled to seek equitable remedies, including temporary and permanent injunctive relief, without the necessity of posting a bond or other security, to enforce this Agreement. No remedy or election under this Agreement shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity.
