Common use of Performance Failure Clause in Contracts

Performance Failure. In the event CONTRACTOR fails to perform under this Agreement, Worksystems may take action in accordance with Worksystems Contract Monitoring policies provided or made available to CONTRACTOR, or if CONTRACTOR fails to take directed corrective action terminate or suspend the Contract (Section 28.B, Termination for Cause). Worksystems may also pursue any remedies available under this Agreement, at law or in equity. Such remedies include, but are not limited to: termination of this Agreement effective upon written notice to CONTRACTOR, return of all or a portion of the Contract funds associated with the failure to perform and declaration of the CONTRACTOR’s ineligibility for the receipt of future awards from Worksystems. If, as a result of an Event of Default (Section 28.B Termination for Cause), Worksystems demands return of all or a portion of the Contract funds, CONTRACTOR shall pay the amount to Worksystems upon Worksystems’ demand.

Performance Failure. In the event CONTRACTOR fails to perform under this Agreement, Worksystems may take action in accordance with Worksystems Contract Monitoring policies provided or made available to CONTRACTORpolicies, or if CONTRACTOR fails to take directed corrective action terminate or suspend the Contract (Section 28.B, 26.b.5 Termination for Cause). Worksystems may also pursue any remedies available under this Agreement, at law or in equity. Such remedies include, but are not limited to: termination of this Agreement effective upon written notice to CONTRACTOR, return of all or a portion of the Contract funds associated with the failure to perform and declaration of the CONTRACTOR’s ineligibility for the receipt of future awards from Worksystems. If, as a result of an Event of Default (Section 28.B 28.b.6. Termination for Cause), Worksystems demands return of all or a portion of the Contract funds, CONTRACTOR shall pay the amount to Worksystems upon Worksystems’ demand.