Termination or Suspension for Cause. In the event the DEPARMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Agreement in whole or in part. The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s discretion. Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENT’s liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”.
Appears in 2 contracts
Samples: Public Assistance Grant Agreement, Public Assistance Grant Agreement
Termination or Suspension for Cause. 16.1. In the event the DEPARMENTCOUNTY, in its sole discretion, determines the SUBRECIPIENT subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the DEPARTMENT COUNTY has the right to immediately suspend or terminate this Agreement in whole or in part.
16.2. The DEPARTMENT COUNTY may notify the SUBRECIPIENT subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT COUNTY is not required to allow the SUBGRANTEE subrecipient an opportunity to cure if it is not feasible as determined solely within the DEPARTMENTCOUNTY’s discretion. Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENTSubrecipient’s liability for damages or otherwise affect any other remedies available to the DEPARTMENTCOUNTY. If the DEPARTMENT COUNTY allows the SUBRECIPIENT subrecipient an opportunity to cure, the DEPARTMENT COUNTY shall notify the SUBRECIPIENT Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENTCOUNTY, or if such corrective action is deemed by the DEPARTMENT COUNTY to be insufficient, the Agreement may be terminated in whole or in part.
16.3. The DEPARTMENT COUNTY reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENTsubrecipient, if allowed, or pending a decision by the DEPARTMENT COUNTY to terminate the Agreement in whole or in part.
16.4. In the event of termination, the SUBRECIPIENT subrecipient shall be liable for all damages as authorized by law, including including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT COUNTY provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law.
16.5. If it is determined that the SUBRECIPIENTsubrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the SUBRECIPIENTsubrecipient’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”.
Appears in 1 contract
Termination or Suspension for Cause. In the event the DEPARMENTCOUNTY, in its sole discretion, determines the SUBRECIPIENT FIRM has failed to fulfill in a timely and proper manner its obligations under this AgreementAGREEMENT, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT renders FIRM unable to perform any aspect of the AgreementAGREEMENT, or has violated any of the covenants, agreements or stipulations of this AgreementAGREEMENT, the DEPARTMENT COUNTY has the right to immediately suspend or terminate this Agreement AGREEMENT in whole or in part. The DEPARTMENT may COUNTY shall, except as otherwise provided herein, notify the SUBRECIPIENT FIRM in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT COUNTY is not required to allow the SUBGRANTEE FIRM an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s COUNTY’S discretion. Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENTFIRM’s liability for damages or otherwise affect any other remedies available to the DEPARTMENTCOUNTY. If the DEPARTMENT COUNTY allows the SUBRECIPIENT FIRM an opportunity to cure, the DEPARTMENT COUNTY shall notify the SUBRECIPIENT FIRM in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENTCOUNTY, or if such corrective action is deemed by the DEPARTMENT COUNTY to be insufficient, the Agreement AGREEMENT may be terminated in whole or in part. The DEPARTMENT COUNTY reserves the right to suspend all or part of the AgreementAGREEMENT, withhold further payments, pending calculation of any amounts owed FIRM pursuant to Section No. 39 below, or prohibit the SUBRECIPIENT FIRM from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENTFIRM, if allowed, or pending a decision by the DEPARTMENT COUNTY to terminate the Agreement AGREEMENT in whole or in part. In the event of terminationtermination for cause, the SUBRECIPIENT FIRM shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement AGREEMENT and the replacement or cover Agreement AGREEMENT and all administrative costs directly related to the replacement AgreementAGREEMENT, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT COUNTY provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”.FIRM:
Appears in 1 contract
Samples: Contract Agreement
Termination or Suspension for Cause. In the event the DEPARMENTDEPARTMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend or terminate this Agreement in whole or in part. The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBGRANTEE SUBRECIPIENT an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s discretion. Any time allowed for cure shall not diminish or eliminate the SUBRECIPIENT’s SUBRECIPIENT liability for damages or otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part. The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a decision by the DEPARTMENT to terminate the Agreement in whole or in part. In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be deemed to be a “Termination for Convenience”.
Appears in 1 contract
Samples: Hazard Mitigation Grant Agreement