Common use of Remedies Not Involving Termination Clause in Contracts

Remedies Not Involving Termination. The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Contractor’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Contractor shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and neither the State nor any Purchasing Entity shall not be liable for costs incurred by Contractor after the suspension of performance. b. Withhold Payment Withhold payment to Contractor until Contractor corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Contractor’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Contractor’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 15 contracts

Samples: Price Agreement, Price Agreement, Price Agreement

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Remedies Not Involving Termination. The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend ContractorXxxxxxx’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor Grantee to an adjustment in price or cost or an adjustment in the performance schedule. Contractor Grantee shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and neither the State nor any Purchasing Entity shall not be liable for costs incurred by Contractor Grantee after the suspension of performance. b. Withhold Payment Withhold payment to Contractor Grantee until Contractor Grantee corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to ContractorGrantee’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of ContractorGrantee’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract Agreement is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 13 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Remedies Not Involving Termination. The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend ContractorXxxxxxx’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor Grantee to an adjustment in price or cost or an adjustment in the performance schedule. Contractor Grantee shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and neither the State nor any Purchasing Entity shall not be liable for costs incurred by Contractor Grantee after the suspension of performance. b. Withhold Payment Withhold payment to Contractor Grantee until Contractor Grantee corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to ContractorGrantee’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the stateState; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of ContractorGrantee’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract Agreement is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 5 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Remedies Not Involving Termination. The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend ContractorSubrecipient’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor Subrecipient to an adjustment in price or cost or an adjustment in the performance schedule. Contractor Subrecipient shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and neither the State nor any Purchasing Entity shall not be liable for costs incurred by Contractor Subrecipient after the suspension of performance. b. Withhold Payment Withhold payment to Contractor Subrecipient until Contractor Subrecipient corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to ContractorSubrecipient’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of ContractorSubrecipient’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract Agreement is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 5 contracts

Samples: Subaward Agreement, Subaward Agreement, Subaward Agreement

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Remedies Not Involving Termination. The State, in its discretion, may exercise one or more of the following additional additiona l remedies: a. Suspend Performance Suspend Contractor’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Contractor shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and neither the State nor any Purchasing Entity shall not be liable for costs incurred by Contractor after the suspension of performance. b. Withhold Payment Withhold payment to Contractor until Contractor corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Contractor’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Contractor’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 3 contracts

Samples: Price Agreement, Price Agreement, Price Agreement

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