Common use of Interim Remedies Clause in Contracts

Interim Remedies. If the Subcontractor is not performing in accordance with the Schedule of Work 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 either reject this Master Subcontract Agreement or to assume this Master Subcontract 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 Schedule 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 including, but not limited to, reasonable overhead, profit and attorney's fees. The Subcontractor shall be liable for the payment of the amount by which all such costs incurred exceed the unpaid balance of Subcontract earnings.

Interim Remedies. If the Subcontractor is not performing in accordance with the Schedule of Work at the time a petition in it files for bankruptcy is filedor protection from creditors, or at any subsequent time, the Contractor, while awaiting the decision of the Subcontractor or its trustee trustee, receiver, monitor or the applicable court to either reject this Master Subcontract Agreement or to assume this Master Subcontract 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 Schedule 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 including, but not limited to, reasonable overhead, profit and attorney's legal fees. The Subcontractor shall be liable for the payment of the amount by which all such costs incurred exceed the unpaid balance of Subcontract earnings.

Interim Remedies. If the Subcontractor is not performing in accordance with the Schedule of Work 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 either reject this Master Subcontract Agreement or to assume this Master Subcontract 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 Schedule 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 including, but not limited to, reasonable overhead, profit and attorney's feesprofit. The Subcontractor shall be liable for the payment of the amount by which all such costs incurred exceed the unpaid balance of Subcontract earnings.

Interim Remedies. If the Subcontractor is not performing in accordance with the Schedule of Subcontractor’s Work at the time a petition in bankruptcy is filed, or at any subsequent time, the ContractorCH2M HILL, while awaiting the decision of the Subcontractor or its trustee to either reject this Master Subcontract Agreement or to assume this Master Subcontract 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 Schedule of Subcontractor’s Work. The Contractor CH2M HILL 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 attorney's ’s fees. The Subcontractor shall be liable for the payment of the any amount by which all such costs incurred may exceed the unpaid balance of the Subcontract earningsPrice.

Interim Remedies. If the Subcontractor is not performing in accordance with the Schedule of Work 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 either reject this Master Subcontract Agreement or to assume this Master Subcontract 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 Schedule 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 attorney's ’s fees. The Subcontractor shall be liable for the payment of the any amount by which all such costs incurred expense may exceed the unpaid balance of Subcontract earningsthe Contract Price.