Common use of Termination Remedies Clause in Contracts

Termination Remedies. 23.5.1 In the event of termination of this Contract by the Department under Sections, 23.1, 23.2, 23.3, and 23.10 the Department, in addition to its other available remedies, has the right to procure the Services and Deliverables that are the subject of this Contract on the open market and, subject to the provisions of Section 22.3, Contractor will be liable for all damages, including, but not limited to: (i) the cost difference for the period which would have remained in the Contract term if not for termination between the original Contract Charges for the Services and Deliverables and the replacement costs of such Services and Deliverables acquired from another vendor; and (ii) if applicable, all administrative costs related to the replacement of this Contract, such as costs of competitive bidding, mailing, advertising, applicable fees, charges or penalties, and staff time costs. 23.5.2 If it is determined for any reason the failure to perform is not within Contractor’s control, fault, or negligence, the termination by the Department under Sections 23.1, 23.2, 23.3 will be deemed to be a termination for convenience under Section 23.6.

Termination Remedies. 23.5.1 In the event of termination of this Contract by the Department under Sections, Sections 23.1, 23.2, 23.3, and 23.10 the Department, in addition to its other available remedies, has the right to procure the Services and Deliverables that are the subject of this Contract on the open market and, subject market. Subject to the provisions of Section 22.3, Contractor will may be liable for all damages, including, but not limited to: (i) the cost difference for the period which would have remained in the Contract term if not for termination Term, excluding unexercised option years, between the original Contract Charges for the Services and Deliverables and the replacement costs of such Services and Deliverables acquired from another vendor; and (ii) if applicable, all administrative costs related to the replacement of this Contract, such as costs of competitive bidding, mailing, advertising, applicable fees, charges or penalties, and staff time costs. 23.5.2 If it is determined for any reason the failure to perform is not within Contractor’s control, fault, or the result of Contractor’s fault or negligence, the termination by the Department under Sections 23.1, 23.2, 23.3 will be deemed to be a termination for convenience under Section 23.6.