Common use of Interim Remedies Clause in Contracts

Interim Remedies. If Subcontractor is not performing in accordance with the Contractor’s progress schedule at the time of entering an order for relief, or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or its trustee to reject or to accept this Agreement and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Section as are reasonably necessary to maintain the schedule of work including: (a) Contractor may offset against any sums due or to become due Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and actual attorney's fees incurred as a result of Subcontractor's non-performance. (b) Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Price.

Interim Remedies. If Subcontractor is not performing in accordance with the Contractor’s progress schedule of work at the time of entering an order for relief, relief or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or its trustee to reject or to accept this Master Agreement and/or any Work Authorization and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Section as are reasonably necessary to maintain the schedule of or work including: (a) for a Project. Contractor may offset against any sums due or to become due Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and actual attorney's attorneys’ fees incurred as a result of Subcontractor's ’s non-performance. (b) . Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Subcontract Price.

Interim Remedies. If Subcontractor is not performing in accordance with the Contractor’s 's progress schedule at the time of entering an order for relief, or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or its trustee to reject or to accept this Agreement and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Section as are reasonably necessary to maintain the schedule of work including: (ab) Contractor may offset against any sums due or to become due Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and actual attorney's fees incurred as a result of Subcontractor's non-non- performance. (b) . Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Price.

Interim Remedies. If Subcontractor is not performing in accordance with the Contractor’s progress schedule Project Schedule at the time of entering an order for reliefthe insolvency act, or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or its trustee to reject or to accept this Agreement the PROJECT SUBCONTRACT AGREEMENT and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Section the Contract Documents as are reasonably necessary to maintain the schedule of work including: (a) Project Schedule. Contractor may offset against any sums due or to become due Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, including but not limited to, reasonable overhead, profit and actual attorney's attorneys' fees incurred as a result of Subcontractor's non-performance. (b) . Subcontractor shall be liable for the payment of any amount by which such expense costs may exceed the unpaid balance of the Contract Price.

Interim Remedies. If Subcontractor is not performing in accordance with the Contractor’s Contractor‟s progress schedule at the time of entering an order for relief, or at any subsequent time, Contractor, while awaiting the decision of Subcontractor or its trustee to reject or to accept this Agreement and provide adequate assurance of its ability to perform hereunder, may avail itself of such remedies under this Section as are reasonably necessary to maintain the schedule of work including: (a) Contractor may offset against any sums due or to become due Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and actual attorney's fees incurred as a result of Subcontractor's non-performance. (b) Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the Contract Price.