Common use of OHA’s Remedies for Recipient’s Default Clause in Contracts

OHA’s Remedies for Recipient’s Default. In the event Recipient is in default under Section 9.a., OHA may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (1) termination of this Agreement under Section 9.c.(2); (2) withholding all or part of monies not yet disbursed by OHA to Recipient; (3) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or (4) exercise of its right of recovery of overpayments under Section 5. of this Exhibit B. These remedies are cumulative to the extent the remedies are not inconsistent, and OHA may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If a court determines that Recipient was not in default under Section 9.a., then Recipient shall be entitled to the same remedies as if this Agreement was terminated pursuant to Section 9.c.(1).

Appears in 7 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

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OHA’s Remedies for Recipient’s Default. In the event Recipient is in default under Section 9.a8.a., OHA may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (1) termination of this Agreement under Section 9.c.(28.e.(2); (2) withholding all or part of monies not yet disbursed by OHA to Recipient; (3) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or (4) exercise of its right of recovery of overpayments under Section 5. of this Exhibit B. These remedies are cumulative to the extent the remedies are not inconsistent, and OHA may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If a court determines that Recipient was not in default under Section 9.a8.a., then Recipient shall be entitled to the same remedies as if this Agreement was terminated pursuant to Section 9.c.(18.e.(1).

Appears in 4 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

OHA’s Remedies for Recipient’s Default. In the event Recipient is in default under Section 9.a., OHA may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (1) termination of this Agreement under Section 9.c.(2); (2) withholding all or part of monies not yet disbursed by OHA to Recipient; (3) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or (4) exercise of its right of recovery of overpayments under Section 5. of this Exhibit B. These remedies are cumulative to the extent the remedies are not inconsistent, and OHA may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If a court determines that Recipient was not in default under Section 9.a., then Recipient shall be entitled to the same remedies as if this Agreement was terminated pursuant to Section 9.c.(19.c.(2)(a).

Appears in 2 contracts

Samples: Agreement for Oha/PDS Project, Grant Agreement

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OHA’s Remedies for Recipient’s Default. In the event Recipient is in default under Section 9.a8.a., OHA may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: (1) termination of this Agreement under Section 9.c.(28.e.(2); (2) withholding all or part of monies funds not yet disbursed by OHA to Recipient; (3) initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; or (4) exercise of its right of recovery of overpayments and misexpended under Section 5. of this Exhibit B. These remedies are cumulative to the extent the remedies are not inconsistent, and OHA may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If a court determines that Recipient was not in default under Section 9.a8.a., then Recipient shall be entitled to the same remedies as if this Agreement was terminated pursuant to Section 9.c.(18.e.(1).

Appears in 1 contract

Samples: Grant Agreement

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