Remedies Upon Default by Contractor. Where a “Technical Event of Default or Material Event of Default” (collectively, a “Contractor Event of Default”) occurs in accordance with Sections 50.5 or 50.6 of this Contract and CONTRACTOR has failed to cure such Contractor’s Event of Default, DCAMM may, without waiver of other remedies which exist in law or equity: a. exercise any and all remedies at law or equity, or institute other proceedings, including, without limitation, bringing an action or actions from time to time for specific performance, and/or for the recovery of damages, which shall include all costs and expenses reasonably incurred, including reasonable attorneys’ fees incurred by DCAMM as a result of CONTRACTOR’s default; b. withhold a portion of any payments that may be due to CONTRACTOR under the terms of this Contract until such time as the default is cured; c. terminate this Contract in accordance with Section 51: Termination.
Appears in 2 contracts
Samples: Energy Services Agreement, Energy Services Agreement
Remedies Upon Default by Contractor. Where a “Technical Event of Default or Material Event of Default” (collectively, a “Contractor Event of Default”) ” occurs in accordance with Sections Section 50.5 or Section 50.6 of this the Contract and CONTRACTOR has failed to cure such Contractor’s Event of Default, DCAMM may, without waiver of other remedies which exist in law or equity:
a. exercise any and all remedies at law or equity, or institute other proceedings, including, without limitation, bringing an action or actions from time to time for specific performance, and/or for the recovery of damages, which shall include all costs and expenses reasonably incurred, including reasonable attorneys’ fees incurred by DCAMM as a result of CONTRACTOR’s default;
b. withhold a portion of any payments that may be due to CONTRACTOR under the terms of this Contract until such time as the default is cured;
c. terminate this Contract in accordance with Section 51: Termination.
Appears in 2 contracts
Samples: Energy Services Agreement, Energy Services Agreement