Remedies in Case of Contractor Default Sample Clauses

Remedies in Case of Contractor Default. The Exchange shall have all rights afforded by law in case of Contractor default, including, but not limited to: Decertification of Contractor’s QHPs and termination of this Agreement. (a) Recovery of damages to the Exchange caused by Contractor delay or non-performance; (b) Imposing sanctions under the Performance Measures; (c) Specific performance of particular covenants made by Contractor hereunder; and (d) Initiating an action or proceeding for damages, declaratory or injunctive relief. All remedies of the Exchange under this Agreement for Contractor default are cumulative to the extent permitted by law.
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Remedies in Case of Contractor Default. ‌ X. XxxXXXX shall have all rights afforded by law in case of Contractor default, including but not limited to: (i) Termination of this Agreement; (ii) Reformation of this Agreement to lower the price, so as to reflect the value of services actually rendered, in case CalPERS elects to accept services that do not fully meet the requirements of this Agreement; (iii) Recovery of CalPERS’ damages caused by Contractor delay or non-performance; (iv) Recovery of liquidated damages specified in this Agreement (if any) regardless of whether CalPERS terminates the Agreement for default; and, (v) Specific performance of particular covenants made by Contractor hereunder. B. All remedies of CalPERS under this Agreement for Contractor default are cumulative to the extent permitted by law. C. In the event CalPERS terminates all or a portion of this Agreement for default by Contractor, CalPERS shall pay Contractor the lesser of: (i) The actual value to CalPERS of services satisfactorily performed in accordance with the Agreement prior to the effective date of the termination; and, (ii) Contractor’s documented direct costs for supplies and labor associated with the performance, plus a reasonable allocation of overhead, but not including any profit. In no event shall any amounts paid hereunder exceed the Amount of Agreement. D. In the event of a termination for Contractor’s default, CalPERS reserves the right to take over and complete the work by contract or other means. In such case, one element of CalPERS’ recoverable damages shall be any additional cost above the Amount of Agreement incurred by XxxXXXX to complete the work. E. In case CalPERS incurs damages arising out of Contractor default, XxxXXXX may recover the damages by setting them off against amounts it owes Contractor under this Agreement. CalPERS may exercise its right of offset whether or not CalPERS elects to terminate this Agreement for Contractor default. In case CalPERS elects to terminate this Agreement for Contractor default and CalPERS owes a payment to Contractor under Subsection C of this Section, CalPERS may offset its damages against the payment owing to Contractor. X. XxxXXXX shall be entitled to retain any amounts that CalPERS has properly withheld from invoices rendered by Contractor until final resolution of all claims by the parties against each other arising out of any Contractor default alleged by XxxXXXX.
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Remedies in Case of Contractor Default. The Exchange shall have all rights afforded by law in case of Contractor default, including, but not limited to: Decertification of Contractor’s SADPs and termination of this Agreement. (a) Recovery of damages to the Exchange caused by Contractor delay or non-performance; (b) Imposing sanctions under the Performance Measures; (c) Specific performance of particular covenants made by Contractor hereunder; and (d) Initiating an action or proceeding for damages, declaratory or injunctive relief. Covered California – Final HealthFinal SADP Plan Contract – May 6August 190, 2013 31 All remedies of the Exchange under this Agreement for Contractor default are cumulative to the extent permitted by law.
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Related to Remedies in Case of Contractor Default

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement.

  • REMEDIES IN DEFAULT On the occurrence of the Tenant Default and after the applicable notice and cure period, and subject to terms and conditions provided herein, Landlord may, without limiting Landlord in the exercise of any other right or remedy that Landlord may have by reason or such default, the remedies of Landlord hereunder being cumulative and not exclusive of one another: (a) perform on Tenant’s behalf, any unperformed covenant or obligation hereunder constituting such Tenant Default (after giving Tenant written notice of Landlord’s intention to do so except in the case of emergency), in which event Tenant shall reimburse Landlord for all expenses reasonably incurred by Landlord in doing so, plus interest at the Default Rate, which expenses and interest shall be additional rent and shall be payable by Tenant immediately on demand therefore by Landlord; and/or (b) terminate this Lease and collect liquidated damages from Tenant in an amount equal to (i) the sum of all amounts due hereunder to the date of termination; plus (ii) the aggregate rent remaining over the unexpired portion of the Term, plus the reasonable cost to Landlord of any repairs required to comply with Tenant’s obligations, all reduced to present value using a discount rate equal to the interest rate of a governmental security having a mutual closest to the then current expiration of the Term; less (iii) the aggregate fair net rental value of the Premises over the remaining portion of the Term (provided, however, a reasonable period of time, not to exceed twenty four (24) months, may be considered as a leasing period by which the Premises would not be leased and therefore no income would be realized for such period) reduced to present value at the above specified discount rate; plus (iv) Landlord’s costs and expenses incurred in the enforcement hereof including reasonable attorneys fees as herein provided, or (c) maintain Tenant’s right to possession, in which case this Lease shall continue in effect and Landlord shall be entitled to enforce all of Landlord’s right and remedies under this Lease, include the right to recover the Rent and other amounts payable hereunder as they become due hereunder.

  • Performance Default and Remedies Subsection B. DEFAULT AND REMEDIES, second paragraph of the Contract is modified as follows (underlined language is added and stricken language is deleted): “Written notice of default and a reasonable 30-day opportunity to cure must be issued by the party claiming default.”

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