Common use of State’s Remedies Clause in Contracts

State’s Remedies. If Contractor is in breach under section 13, then State may, at OPRD’s option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to: A. Termination of this Contract under section 15; B. Withholding payment of all amounts in Contractor’s invoices for Goods that Contractor is obligated to but has failed to deliver within any scheduled completion dates or has performed inadequately or defectively; C. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or D Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to State’s setoff right, without penalty. These remedies are cumulative to the extent the remedies are not inconsistent, and State may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in breach under section 13, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to section 15.

State’s Remedies. If Contractor is in breach under section 133.11.1, then in addition to the remedies afforded elsewhere in this Contract, State shall be entitled to recover for any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages. State may, at OPRDAgency’s option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to: A. 3.12.1.1 Termination of this Contract under section 153.13.2; B. 3.12.1.2 Withholding payment of all amounts in Contractor’s invoices for Goods Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; C. 3.12.1.3 Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or D or 3.12.1.4 Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to State’s setoff right, without penalty. These remedies are cumulative to the extent the remedies are not inconsistent, and State may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in breach under section 133.11.1, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to section 153.13.2.1.

State’s Remedies. If Contractor is in breach under section 133.K.(1), then in addition to the remedies afforded elsewhere in this Contract, State shall be entitled to recover for any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages. State may, at OPRDAgency’s option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to: A. a. Termination of this Contract under section 153.M.(2); B. b. Withholding payment of all amounts in Contractor’s invoices for Goods Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; C. c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or D or d. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to State’s setoff right, without penalty. These remedies are cumulative to the extent the remedies are not inconsistent, and State may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in breach under section 133.K.(1), the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to section 153.M.(2).a.

State’s Remedies. If Contractor is in breach under section 133.K.i, then in addition to the remedies afforded elsewhere in this Contract, State shall be entitled to recover for any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages. State may, at OPRDAgency’s option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to: A. a. Termination of this Contract under section 153.M.ii.; B. b. Withholding payment of all amounts in Contractor’s invoices for Goods Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; C. c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or D or d. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to State’s setoff right, without penalty. These remedies are cumulative to the extent the remedies are not inconsistent, and State may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in breach under section 133.K.i, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to section 153.M.ii.a.

State’s Remedies. If Contractor is in breach under section 133.I.i, then in addition to the remedies afforded elsewhere in this Contract, State shall be entitled to recover for any and all damages suffered as the result of Contractor's breach of this Contract, including but not limited to direct, indirect, incidental and consequential damages. State may, at OPRDAgency’s option, pursue any or all of the remedies available under this Contract and at law or in equity, including, but not limited to: A. a. Termination of this Contract under section 153.K.ii.; B. b. Withholding payment of all amounts in Contractor’s invoices for Goods Services that Contractor is obligated to but has failed to deliver or perform within any scheduled completion dates or has performed inadequately or defectively; C. c. Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief; or D or d. Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor in an amount equal to State’s setoff right, without penalty. These remedies are cumulative to the extent the remedies are not inconsistent, and State may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. If it is determined for any reason that Contractor was not in breach under section 133.I.i, the rights and obligations of the parties shall be the same as if this Contract was terminated pursuant to section 153.K.ii.a.