Common use of District Remedies Clause in Contracts

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. 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 DPS Software Services Agreement 9 Version 3.0 – Updated 3/25/2020 the District. Denial of payment will be equal to the value of the obligations or Services not performed.

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: 12.4.111.4.1. 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. 12.4.211.4.2. 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. 12.4.311.4.3. Withhold payment to the Service Provider pending cure by the Service Provider. 12.4.411.4.4. 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.