Exercising a Termination for Default Clause Samples
Exercising a Termination for Default. 1. In the event of Termination for Default the Department shall offset against Payments owed to the Contractor any reasonable amounts expended by the Department to cure the Event of Default.
2. The Department will have no further obligations to the Contractor after such termination.
3. The Department may also acquire, in the manner the Department considers appropriate, services similar to those terminated and the Contractor will be liable to the Department for any increase in costs for those services.
4. The Contractor shall not be liable for any increase in costs if the failure to perform the Contract arises from and without the fault or negligence of the Contractor as follows:
a. Acts of God or of the public enemy;
b. Acts of the State in either its sovereign or contractual capacity;
c. Fires;
d. Floods;
e. Epidemics;
f. Quarantine restrictions;
g. Strikes;
h. Freight embargoes; and