Remedies Not Involving Termination. The STATE, in its discretion, may exercise one or more of the following additional remedies: 1. Suspend Performance Suspend SUBRECIPIENT’s performance with respect to all or any portion of the Work pending corrective action as specified by the STATE without entitling SUBRECIPIENT to an adjustment in price or cost or an adjustment in the performance schedule. SUBRECIPIENT 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 SUBRECIPIENT after the suspension of performance. 2. Withhold Payment Withhold payment to SUBRECIPIENT until SUBRECIPIENT corrects its Work. 3. Deny Payment Deny payment for Work not performed, or that due to SUBRECIPIENT’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. 4. Removal Demand immediate removal of any of SUBRECIPIENT’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: Subrecipient Agreement, Subrecipient Agreement
Remedies Not Involving Termination. The STATEGrantor, in its discretion, may exercise one or more of the following additional remedies:
1. : Suspend Performance Suspend SUBRECIPIENTXxxxxxx’s performance Performance with respect to all or any portion of the Work pending corrective action as specified by the STATE Grantor without entitling SUBRECIPIENT Grantee to an adjustment in price or cost or an adjustment in the performance schedule. SUBRECIPIENT Grantee shall promptly cease performing Work and incurring costs in accordance with the STATEGrantor’s directive, and the STATE Grantor shall not be liable for costs incurred by SUBRECIPIENT Grantee after the suspension of performance.
2. Withhold Payment Withhold payment to SUBRECIPIENT Grantee until SUBRECIPIENT Grantee corrects its Work.
3. Deny Payment Deny payment for Work not performed, or that due to SUBRECIPIENTGrantee’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.
4. Removal Demand immediate removal of any of SUBRECIPIENTGrantee’s employees, agents, or Subcontractors from the Work whom the STATE Grantor deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the STATE Grantor to be contrary to the public interest or the STATEGrantor’s best interest.
Appears in 1 contract
Samples: Grant Agreement
Remedies Not Involving Termination. The STATEState, in its sole discretion, may exercise one or more of the following additional remediesremedies in addition to other remedies available to it:
1. i. Suspend Performance Suspend SUBRECIPIENTXxxxxxx’s performance with respect to all or any portion of the Work this Grant pending necessary corrective action as specified by the STATE State without entitling SUBRECIPIENT Grantee to an adjustment in price or price/cost or an adjustment in the performance schedule. SUBRECIPIENT Grantee shall promptly cease performing Work performance and incurring costs in accordance with the STATEState’s directive, directive and the STATE State shall not be liable for costs incurred by SUBRECIPIENT Grantee after the suspension of performanceperformance under this provision.
2ii. Withhold Payment Withhold payment to SUBRECIPIENT Grantee until SUBRECIPIENT corrects its Workcorrections in Xxxxxxx’s performance are satisfactorily made and completed.
3iii. Deny Payment Deny payment for Work those obligations not performed, or that due to SUBRECIPIENTGrantee’s actions or inactions, cannot be performed or or, if they were performed are reasonably performed, would be of no value to the stateState; provided, that any denial of payment shall be equal reasonably related to the value to the State of the obligations not performed.
4iv. Removal Demand immediate removal of any of SUBRECIPIENTGrantee’s employees, agents, or Subcontractors from the Work Subgrantees whom the STATE State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable unacceptable, or whose continued relation to this Agreement Xxxxx is deemed by the STATE to be contrary to the public interest or not in the STATEState’s best interest.
Appears in 1 contract
Samples: Grant Agreement
Remedies Not Involving Termination. The STATEState, in its sole discretion, may exercise one or more of the following additional remediesremedies in addition to other remedies available to it:
1. i. Suspend Performance Suspend SUBRECIPIENTSubgrantee’s performance with respect to all or any portion of the Work this Subgrant Agreement pending necessary corrective action as specified by the STATE State without entitling SUBRECIPIENT Subgrantee to an adjustment in price or price/cost or an adjustment in the performance schedule. SUBRECIPIENT Subgrantee shall promptly cease performing Work performance and incurring costs in accordance with the STATEState’s directive, directive and the STATE State shall not be liable for costs incurred by SUBRECIPIENT Subgrantee after the suspension of performanceperformance under this provision.
2ii. Withhold Payment Withhold payment to SUBRECIPIENT Subgrantee until SUBRECIPIENT corrects its Workcorrections in Subgrantee’s performance are satisfactorily made and completed.
3iii. Deny Payment Deny payment for Work those obligations not performed, or that due to SUBRECIPIENTSubgrantee’s actions or inactions, cannot be performed or or, if they were performed are reasonably performed, would be of no value to the stateState; provided, that any denial of payment shall be equal reasonably related to the value to the State of the obligations not performed.
4iv. Removal Demand immediate removal of any of SUBRECIPIENTSubgrantee’s employees, agents, or Subcontractors from the Work whom the STATE State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable unacceptable, or whose continued relation to this Subgrant Agreement is deemed by the STATE to be contrary to the public interest or not in the STATEState’s best interest.
Appears in 1 contract
Samples: Subgrant Agreement
Remedies Not Involving Termination. The STATEGrantor, in its discretion, may exercise one or more of the following additional remedies:
1. i. Suspend Performance Suspend SUBRECIPIENTXxxxxxx’s performance Performance with respect to all or any portion of the Work pending corrective action as specified by the STATE Grantor without entitling SUBRECIPIENT Grantee to an adjustment in price or cost or an adjustment in the performance schedule. SUBRECIPIENT Grantee shall promptly cease performing Work and incurring costs in accordance with the STATEGrantor’s directive, and the STATE Grantor shall not be liable for costs incurred by SUBRECIPIENT Grantee after the suspension of performance.
2ii. Withhold Payment Withhold payment to SUBRECIPIENT Grantee until SUBRECIPIENT Grantee corrects its Work.
3iii. Deny Payment Deny payment for Work not performed, or that due to SUBRECIPIENTGrantee’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.
4iv. Removal Demand immediate removal of any of SUBRECIPIENTGrantee’s employees, agents, or Subcontractors from the Work whom the STATE Grantor deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the STATE Grantor to be contrary to the public interest or the STATEGrantor’s best interest.
Appears in 1 contract
Samples: Grant Agreement