Common use of Interim Remedies Clause in Contracts

Interim Remedies. If the Subcontractor is not performing in accordance with the Progress Schedule at the time a petition in bankruptcy is filed, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its trustee to reject or to assume this Agreement and provide adequate assurance of its ability to perform, may avail itself of such remedies under this Article as are reasonably necessary to maintain the Progress Schedule. The Contractor may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided including, but not limited to, reasonable overhead, profit and attorneys' fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred may exceed the unpaid balance of the Subcontract Price.

Interim Remedies. If the Subcontractor is not performing in accordance with the Progress Project Schedule at the time a petition in bankruptcy is filed, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its trustee to reject or to assume this Agreement and provide adequate assurance of its ability liability to perform, may avail itself of such remedies under this Article as are reasonably necessary to maintain the Progress Project Schedule. The Contractor may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided including, but not limited to, reasonable overhead, profit and attorneys' fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred may exceed the unpaid balance of the Subcontract Price.

Interim Remedies. If the Subcontractor is not performing in accordance with the Progress Schedule at the time a petition in bankruptcy is filed, or at any subsequent time, the ContractorConstructor, while awaiting the decision of the Subcontractor or its trustee to reject or to assume this Agreement and provide adequate assurance of its ability to perform, may avail itself of such remedies under this Article article as are reasonably necessary to maintain the Progress Schedule. The Contractor Constructor may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided including, but not limited to, reasonable overhead, profit profit, and attorneys' fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred may exceed the unpaid balance of the Subcontract PriceAmount.

Interim Remedies. If the Subcontractor is not performing in accordance with the Progress Schedule at the time a petition in bankruptcy is filed, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its trustee to reject or to assume this Agreement and provide adequate assurance of its ability liability to perform, may avail itself of such remedies under this Article as are reasonably necessary to maintain the Progress Schedule. The Contractor may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided including, but not limited to, reasonable overhead, profit and attorneys' fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred may exceed the unpaid balance of the Subcontract Price.

Interim Remedies. If the Subcontractor is not performing in accordance with the Progress Schedule of Work at the time a petition in bankruptcy is filedof entering an order for relief, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its trustee to reject or to assume accept this Agreement and provide adequate assurance of its ability to performperform hereunder, may avail itself of such remedies under this Article as are reasonably necessary to maintain the Progress ScheduleSchedule of Work. The Contractor may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and attorneys' attorney's fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred such expense may exceed the unpaid balance of the Subcontract Pricecontract price.

Interim Remedies. If the Subcontractor is not performing in accordance with the Progress Schedule of Work at the time a petition in bankruptcy is filed, or at any subsequent time, the Contractor, Maintco Corp. while awaiting the decision of the Subcontractor or its trustee to reject or to assume this Agreement and provide adequate assurance of its ability to performperform hereunder, may avail itself of take such remedies under this Article steps as are reasonably necessary to maintain the Progress ScheduleSchedule of Work. The Contractor Maintco Corp. may offset against any sums due or to become due the Subcontractor all costs incurred in pursuing any of the remedies provided hereunder, including, but not limited to, reasonable overhead, profit and attorneys' ’ fees. The Subcontractor shall be liable for the payment of any amount by which costs incurred such expense may exceed the unpaid balance of the Subcontract Price.