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Common use of Remedies for Breach Clause in Contracts

Remedies for Breach. It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Substitute Performance In the event of Contractor's material breach, the Commissioner may, with or without formally Bidding: (i) Purchase from other sources; or (ii) If the Commissioner is unsuccessful after making reasonable attempts, under the circumstances then existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable quality, the Commissioner may acquire acceptable replacement Product of lesser or greater quality. Such purchases may, in the discretion of the Commissioner, be deducted from the Contract quantity and payments due Contractor.

Appears in 154 contracts

Samples: Consent to Assignment, Centralized Contract for the Acquisition of Microcomputer Systems and Related Services, Contract for the Acquisition of Assistive Technology for Persons With Disabilities

Remedies for Breach. It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Cover / Substitute Performance In the event of Contractor's material breach, the Commissioner may, with or without formally Bidding: (i) bidding same: i. Purchase from other sources; or (or ii) If the Commissioner is unsuccessful . If, after making reasonable attempts, under the circumstances then existing, to timely obtain acceptable service or acquire replacement Product product of equal or comparable quality, the Commissioner is unsuccessful, the Commissioner may acquire acceptable replacement Product product or service of lesser or greater quality. Such purchases may, in the discretion of the Commissioner, be deducted from the Contract quantity and payments due Contractor.

Appears in 22 contracts

Samples: Centralized Contract for the Acquisition of Assistive Technology for Persons With Disabilities, Contract for the Acquisition of Networking Hardware and Software, Centralized Contract for the Acquisition of Networking Hardware and Software

Remedies for Breach. It is understood and agreed that all rights and remedies afforded below shall be in addition to all remedies or actions otherwise authorized or permitted by law: a. Cover/Cover / Substitute Performance In the event of Contractor's material breach, the Commissioner may, with or without formally Bidding: (i) bidding same: i. Purchase from other sources; or (or ii) If the Commissioner is unsuccessful . If, after making reasonable attempts, under the circumstances then existing, to timely obtain acceptable service or acquire replacement Product of equal or comparable qualityService, the Commissioner is unsuccessful, the Commissioner may acquire acceptable replacement Product Service of lesser or greater quality. Such purchases may, in the discretion of the Commissioner, be deducted from the Contract quantity and payments due Contractor.

Appears in 1 contract

Samples: Consulting/Technical Services Agreement