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 Local Agency’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Local Agency after the suspension of performance. b. Withhold Payment Withhold payment to Local Agency until Local Agency corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Local Agency’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 from the Work of any of Local Agency’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 Agreement is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 26 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental 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 Local AgencyContractor’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency Contractor shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Local Agency Contractor after the suspension of performance. b. Withhold Payment Withhold payment to Local Agency Contractor until Local Agency Contractor corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Local AgencyContractor’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 from the Work of any of Local AgencyContractor’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 Agreement Contract is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 11 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

Remedies Not Involving Termination. The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Local Agency’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Local Agency after the suspension of performance. b. Withhold Payment Withhold payment to Local Agency until Local Agency corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Local Agency’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 from the Work of any of Local Agency’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 Agreement is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 2 contracts

Samples: Intergovernmental Agreement, Intergovernmental 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 Local AgencyContractor’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency Contractor shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Local Agency Contractor after the suspension of performance. b. Withhold Payment Withhold payment to Local Agency Contractor until Local Agency Contractor corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Local AgencyContractor’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 from the Work of any of Local AgencyContractor’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 Agreement Contract is deemed by the State to be contrary to the public interest or the State’s best interest.

Appears in 1 contract

Samples: Contract for Accessibility Remediation Services

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