Termination for Default. A. With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to: 1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties; 2. Deliver the supplies or perform the services within the time specified in this Contract or any extension; 3. Make progress so as to endanger performance of this Contract; or 4. Perform any of the other provisions of this Contract. B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders. D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 105 contracts
Samples: Professional Services, Public Works Construction Contract, Interlocal Cooperative Agreement
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 57 contracts
Samples: Contract, Construction Manager as Constructor Contract, Quantity Purchase Agreement for Managed Services Provider (Msp)
Termination for Default. A. (1) With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 27 contracts
Samples: Professional Services, Professional Services, Professional Services
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. ) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. ) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ) Make progress so as to endanger performance of this Contract; or
4. ) Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 11 contracts
Samples: Professional Services, Professional Services, Professional Services
Termination for Default. A. With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 9 contracts
Samples: Public Works Construction Contract, Public Works Construction Contract, Public Works Construction Contract
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. : Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. ; Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ; Make progress so as to endanger performance of this Contract; or
4. or Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 8 contracts
Samples: Professional Services, Professional Services, Professional Services
Termination for Default. A. With the provision of thirty (30) days’ notice to the ContractorState Educational Institution, the State may terminate this Contract in whole or in part if the Contractor State Educational Institution fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor State Educational Institution will be liable to the State for any excess costs for those supplies or services. However, the Contractor State Educational Institution shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor State Educational Institution and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 6 contracts
Samples: Contract Between the State and a State Educational Institution, Contract Between the State and a State Educational Institution, Contract Between the State and a State Educational Institution
Termination for Default. A. (1) With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
Termination for Default. A. With the provision of thirty (30) days’ notice to the ContractorDesigner, the State may terminate this Contract in whole or in part if the Contractor Designer fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor Designer will be liable to the State for any excess costs for those supplies or services. However, the Contractor Designer shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor Designer and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 4 contracts
Samples: Contract for Design of a Public Works Project, Public Works Construction Contract, Public Works Construction Contract
Termination for Default. A. 1. With the provision of thirty (30) days’ day notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. 2. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. 3. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. 4. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 3 contracts
Samples: Child Advocacy Center Contract, Child Advocacy Center Contract, Child Advocacy Center Contract
Termination for Default. A. With the provision of thirty (30) days’ notice to the ContractorConsultant, the State may terminate this Contract in whole or in part if the Contractor Consultant fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor Consultant will be liable to the State for any excess costs for those supplies or services. However, the Contractor Consultant shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor Consultant and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 3 contracts
Samples: Consultant Contract, Consulting Agreement, Consultant Contract
Termination for Default. A. With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
(1. ) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
(2. ) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
(3. ) Make progress so as to endanger performance of this Contract; or
(4. ) Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 3 contracts
Samples: Professional Services Contract (Syra Health Corp), Contract for Group Life Insurance, Contract for Consulting Services
Termination for Default. A. With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;.
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;.
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. : Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. ; Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ; Make progress so as to endanger performance of this Contract; or
4. or Perform any of the other provisions of this Contract.
B. . If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. . The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. . The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 2 contracts
Samples: Addendum, Professional Services
Termination for Default. A. With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
E. The State reserves the right to allow or disallow the Contractors participation in future solicitation opportunities, as a prime or subcontractor, for a period of two (2) years from the date of the notice of termination for Default. A letter from the Commissioner of the Indiana Department of Administration shall be required to participate on future solicitations within the two (2) year time frame.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
Termination for Default. A. With the provision of thirty sixty (3060) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty sixty (3060) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any reasonable sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 2 contracts
Samples: Contract for Third Party Administrative Services, Contract for Third Party Administrative Services
Termination for Default. A. (1) With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 2 contracts
Samples: Professional Services, Professional Services Contract
Termination for Default. A. With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. : Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. ; Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ; Make progress so as to endanger performance of this Contract; or
4. or Perform any of the other provisions of this Contract.
B. . If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. . The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. . The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 2 contracts
Samples: Professional Services, Professional Services Contract
Termination for Default. A. (1) With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. a. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. b. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. c. Make progress so as to endanger performance of this Contract; or
4. d. Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services servic es similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ days notice to the ContractorDesigner, the State may terminate this Contract in whole or in part if the Contractor Designer fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor Designer will be liable to the State for any excess costs for those supplies or services. However, the Contractor Designer shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor Designer and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Public Works Construction Contract
Termination for Default. A. With the provision of thirty (30) days’ written notice to the ContractorContractor containing a description of the default or breach, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. A. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. B. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. C. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or to cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in partfor an uncured default, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
E. The State reserves the right to allow or disallow the Contractors participation in future solicitation opportunities, as a prime or subcontractor, for a period of two (2) years from the date of the notice of termination for Default. A letter from the Commissioner of the Indiana Department of Administration shall be required to participate on future solicitations within the two (2) year time frame.
Appears in 1 contract
Samples: Master Services Agreement
Termination for Default. A. With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. ) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. ) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ) Make progress so as to endanger performance of this Contract; or
4. ) Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the ContractorState Educational Institution, the State may terminate this Contract in whole or in part if the Contractor State Educational Institution fails to:
1. : Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. ; Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ; Make progress so as to endanger performance of this Contract; or
4. or Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor State Educational Institution will be liable to the State for any excess costs for those supplies or services. However, the Contractor State Educational Institution shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor State Educational Institution and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Contract
Termination for Default. A. With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. . The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services Contract
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract Contrac t or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. (1) With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. a. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. b. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. c. Make progress so as to endanger performance of this Contract; or
4. d. Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. (1) With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the ContractorConsultant, the State may terminate this Contract in whole or in part if the Contractor Consultant fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor Consultant will be liable to the State for any excess costs for those supplies or services. However, the Contractor Consultant shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor Consultant and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Consulting Agreement
Termination for Default. A. (1) With the provision of thirty (30) days’ notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. . The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. ) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;parties;
2. ) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ) Make progress so as to endanger performance of this Contract; or
4. ) Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. (1) With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. i. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2ii. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3iii. Make progress so as to endanger performance of this Contract; or
4iv. Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ days notice to the ContractorDesigner, the State may terminate this Contract in whole or in part if the Contractor Designer fails to:
1. ) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. ) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ) Make progress so as to endanger performance of this Contract; or
4. ) Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor Designer will be liable to the State for any excess costs for those supplies or services. However, the Contractor Designer shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor Designer and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Standard Contract for Design of Public Works Project
Termination for Default. A. With the provision of thirty (30) days’ notice to the ContractorSurvey, the State may terminate this Contract Agreement in whole or in part if the Contractor Survey fails to:
1. Correct or cure any breach of this ContractAgreement; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract Agreement or any extension;
3. Make progress so as to endanger performance of this ContractAgreement; or
4. Perform any of the other provisions of this ContractAgreement.
B. If the State terminates this Contract Agreement in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor Survey will be liable to the State for any excess costs for those supplies or services. However, the Contractor Survey shall continue the work not terminated.
C. The State shall pay the contract agreement price for completed supplies delivered and services accepted. The Contractor Survey and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this ContractAgreement.
Appears in 1 contract
Samples: Joint Funding Agreement
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (A) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (B) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (C) Make progress so as to endanger performance of this Contract; or
4. (D) Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the The Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
(1. ) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
(2. ) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
(3. ) Make progress so as to endanger performance of this Contract; or
(4. ) Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Contract for Wellness Campaign & Challenges/Population Health Management/Clinic Services
Termination for Default. A. (1) With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;.
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;.
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. (2) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. (3) The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clauseclause of this Contract. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. (4) The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. 1. With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. (a) Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. (b) Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. (c) Make progress so as to endanger performance of this Contract; or
4. (d) Perform any of the other provisions of this Contract.
B. 2. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. 3. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. 4. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Professional Services
Termination for Default. A. With the provision of thirty (30) days’ ' notice to the Contractor, the State may terminate this Contract in whole or in part if the Contractor fails to:
1. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services substantially similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
Appears in 1 contract
Samples: Quantity Purchase Agreement
Termination for Default. A. With the provision of thirty (30) days’ days notice to the Contractor, the State may terminate this Contract in whole or in part part, if the Contractor fails to:
1. Correct or cure any breach of this Contractcontract; the time to correct or cure the breach may be extended beyond thirty (30) days if the State determines progress process is being made and the extension is agreed to by the parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any extension;
3. ; Make progress so as to endanger performance of this Contract; or
4. or Perform any of the other provisions of this Contract.
B. . If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the State considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated.
C. . The State shall pay the contract price for completed supplies delivered and services accepted. The Contractor and the State shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the State determines to be necessary to protect the State against loss because of outstanding liens or claims of former lien holders.
D. . The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract.
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Samples: Contract for Services