Opportunity to Cure. In the event Contractor fails to perform a contractual requirement or materially breaches any term or condition, DOH may issue a written cure notice. The Contractor may have a period of time in which to cure. DOH is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely within the discretion of DOH. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages, or otherwise affect any other remedies available against Contractor under the contract or by law. If the breach remains after Contractor has been provided the opportunity to cure, DOH may do any one or more of the following: a) Exercise any remedy provided by law; b) Terminate this contract and any related contracts or portions thereof; c) Procure replacements and impose damages as set forth elsewhere in this contract; d) Impose actual or liquidated damages; e) Request that DES suspend or bar Contractor from receiving future solicitations or other opportunities; f) Require Contractor to reimburse the state for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the terms of the contract.
Appears in 16 contracts
Samples: Contract Agreement, Contract Agreement, Contract Agreement
Opportunity to Cure. In the event that Contractor fails to perform a contractual Contractual requirement or materially breaches any term or condition, DOH DES may issue a written cure notice. The Contractor may have a period of time in which to cure. DOH DES is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely within the discretion of DOHDES. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages, or otherwise affect any other remedies available against Contractor under the contract Contract or by law. If the breach remains after Contractor has been provided the opportunity to cure, DOH DES may do any one or more of the following:
a) : − Exercise any remedy provided by law;
b) ; − Terminate this contract Contract and any related contracts Contracts or portions thereof;
c) ; − Procure replacements and impose damages as set forth elsewhere in this contract;
d) Contract; − Impose actual or liquidated damages;
e) Request that DES suspend ; − Suspend or bar Contractor from receiving future solicitations Solicitations or other opportunities;
f) ; − Require Contractor to reimburse the state for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the terms of the contractContract.
Appears in 2 contracts
Samples: Contract for Gases: Medical, Specialty, and Industrial, Contract for Gases: Medical, Specialty, and Industrial
Opportunity to Cure. In the event that Contractor fails to perform a contractual Contractual requirement or materially breaches any term or condition, DOH DES may issue a written cure notice. The Contractor may have a period of time in which to cure. DOH DES is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely within the discretion of DOHDES. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages, or otherwise affect any other remedies available against Contractor under the contract Contract or by law. If the breach remains after Contractor has been provided the opportunity to cure, DOH DES may do any one or more of the following:
a) : − Exercise any remedy provided by law;
b) ; − Terminate this contract Contract and any related contracts Contracts or portions thereof;
c) ; − Procure replacements and impose damages as set forth elsewhere in this contract;
d) Contract; − Impose actual or liquidated damages;
e) Request that DES suspend ; − Suspend or bar Contractor from receiving future solicitations Solicitations or other opportunities;
f) ; − Require Contractor to reimburse the state State for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the terms of the contractContract.
Appears in 1 contract
Samples: Master Contract
Opportunity to Cure. In the event that Contractor fails to perform a contractual requirement or materially breaches any term or condition, DOH the DES may issue a written cure notice. The Contractor may have a period of time in which to cure. DOH The DES is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely within the discretion of DOHthe DES. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages, or otherwise affect affects any other remedies available against Contractor under the contract Contract or by law. If the breach remains after Contractor has been provided the opportunity to cure, DOH the DES may do any one or more of the following:
a) 1. Exercise any remedy provided by law;
b) 2. Terminate this contract Contract and any related contracts or portions thereof;
c) 3. Procure replacements and impose damages as set forth elsewhere in this contractContract;
d) 4. Impose actual or liquidated damages;
e) Request that DES suspend 5. Suspend or bar Contractor from receiving future solicitations or other opportunities;
f) 6. Require Contractor to reimburse the state for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the terms of the contractContract.
Appears in 1 contract
Samples: Public Safety Communication Support Equipment Master Agreement