Common use of Remedies in Case of Contractor Default Clause in Contracts

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.

Remedies in Case of Contractor Default. ‌ X. XxxXXXX A. CalPERS 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’ CalPERS damages caused by Contractor delay or non-performance; (iv) Recovery of Any 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’ CalPERS recoverable damages shall be any additional cost above the Amount of Agreement price incurred by XxxXXXX CalPERS to complete the work. E. In case CalPERS incurs damages arising out of Contractor default, XxxXXXX CalPERS 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 subsection B of this Sectionsection, 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.

Remedies in Case of Contractor Default. ‌ X. XxxXXXX A. CalPERS 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’ CalPERS damages caused by Contractor delay or non-non- performance; (iv) Recovery of Any 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 '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 's default, CalPERS reserves the right to take over and complete the work by contract or other means. In such case, one (1) element of CalPERS’ CalPERS recoverable damages shall be any additional cost above the Amount of Agreement price incurred by XxxXXXX CalPERS to complete the work. E. In case CalPERS incurs damages arising out of Contractor default, XxxXXXX CalPERS 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 subsection B of this Sectionsection, 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.

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;or (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.

Remedies in Case of Contractor Default. ‌ X. XxxXXXX a) CalPERS 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’ CalPERS damages caused by Contractor delay or non-performance; (iv) Recovery of Any 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. b) 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 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. c) 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’ CalPERS recoverable damages shall be any additional cost above the Amount of Agreement price incurred by XxxXXXX CalPERS to complete the work. E. d) In case CalPERS incurs damages arising out of Contractor default, XxxXXXX CalPERS may recover the damages by setting them off against amounts it owes Contractor under this Agreement. CalPERS may exercise its right of offset off set 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 B of this Section, CalPERS may offset off set 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.