TERMINATION, SANCTION, DAMAGES. 20.1 If Contractor or any of its lower tiered sub-grantees or subcontractors performs Services under the Agreement outside of the United States, the performance of such Services shall be treated as a material breach of the Agreement. The Agency is not obligated to pay and shall not pay for such Services. If the Contractor or any of its lower tiered sub-grantees or subcontractors perform any such Services, the Contractor shall immediately return to the Agency all grant funds disbursed as payment or reimbursement for those Services or on the basis of the cost of such Services having been counted as match or cost share specifically required as a condition for disbursement of grant funds.
20.2 The Agency may, at any time after Contractor’s breach, terminate the Agreement, upon written notice to Contractor. The Agency may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Agreement. To the extent that actual and direct damages are uncertain or difficult to ascertain, the Agency may recover a payment of liquidated damages in the amount of twenty-five percent (25%) of the maximum amount of funds to be paid to Contractor under this Agreement (not to exceed the amount of grant funds disbursed prior to any termination of this Agreement).
20.3 The Agency, in its sole discretion, may provide written notice to the Contractor of a breach and permit Contractor to cure the breach. Such cure period shall not exceed 21 calendar days. Notwithstanding the Agency permitting a period of time to cure the breach or Contractor’s cure of the breach, the Agency does not waive any of the contract rights and/or remedies provided the Agency under this Agreement, including, but not limited to (i) the recovery of grant funds paid for Services provided by the Contractor or its lower tiered sub-grantees or subcontractors (including those Services performed outside of the United States), (ii) costs associated with corrective action, (iii) liquidated damages, or, (iv) the Agency’s direct expenses in enforcing this Agreement, including the Agency’s reasonable attorneys’ fees and litigation expenses.
TERMINATION, SANCTION, DAMAGES. (a) If Contractor or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. The State is not obligated to pay and shall not pay for such services. If Contractor or any of its subcontractors perform any such services, Contractor shall immediately return to the State all funds paid for those services. The State may also recover from the Contractor all costs associated with any corrective action the State may undertake, including but not limited to an audit or a risk analysis, as a result of the Contractor performing services outside the United States.
(b) The State may, at any time after the breach, terminate the Contract, upon written notice to the Contractor. The State may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party.
(c) If the State determines that actual and direct damages are uncertain or difficult to ascertain, the State in its sole discretion may recover a payment of liquidated damages in the amount of five (5) percent of the value of the Contract.
(d) The State, in its sole discretion, may provide written notice to Contractor of a breach and permit the Contractor to cure the breach. Such cure period shall be no longer than 21 calendar days. During the cure period, the State may buy substitute services from a third party and recover from the Contractor any costs associated with acquiring those substitute services.
(e) Notwithstanding the State permitting a period of time to cure the breach or the Contractor's cure of the breach, the State does not waive any of its rights and remedies provided the State in this Contract, including but not limited to recovery of funds paid for services the Contractor performed outside of the United States, costs associated with corrective action, or liquidated damages.
TERMINATION, SANCTION, DAMAGES. If Designee or any of its sub-contractors perform services under this Agreement outside of the United States or State of Ohio data is sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside the United States, the performance of such services shall be treated as a material breach of the Agreement. ODH is not obligated to pay and shall not pay for such services. If Designee or any of its sub-contractors perform any such services, Designee shall immediately return to ODH all funds paid for those services. ODH may also recover from Designee all costs associated with any corrective action ODH may undertake, including but not limited to an audit or a risk analysis, as a result of the material breach.
TERMINATION, SANCTION, DAMAGES. If Designee or any of its subcontractors perform services under this Agreement outside of the United States or State of Ohio data is sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside the United States, the performance of such services shall be treated as a material breach of the Agreement. ODH is not obligated to pay and shall not pay for such services. If Designee or any of its subcontractors perform any such services, Designee shall immediately return to ODH all funds paid for those services. ODH may also recover from Designee all costs associated with any corrective action ODH may undertake, including but not limited to an audit or a risk analysis, as a result of the material breach.
6.13.1. ODH may, at any time after the breach, terminate the Agreement, upon written notice to Designee. ODH may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Agreement and costs associated with the acquisition of substitute services from a third party.
TERMINATION, SANCTION, DAMAGES. The Department is not obligated and shall not pay for any services provided under this Contract that the Service Provider or any of its subcontractors performed outside of the United States. If services are performed outside of the United States, this will be treated as a material breach of the Contract, and Service Provider shall immediately return to the Department all funds paid for those services. In addition, if the Service Provider or any of its subcontractors perform any such services outside of the United States, the Department may, at any time after the breach, terminate this Contract for such breach, upon written notice to the Service Provider. If the Department terminates the Contract, the Department may buy substitute services from a third party, and the Department may recover the additional costs associated with acquiring the substitute services. If the Service Provider or any of its subcontractors prepares to perform services, changes or shifts the location(s) of services performed by the Service Provider or its subcontractors under this Contract to a location(s) outside of the United States, but no services are actually performed, the Service Provider has thirty (30) to change or shift the location(s) of services performed to location(s) within the United States. The Department may recover liquidated damages in the amount of 10% of the value of the contract for every day past the time permitted to change or shift the location(s).
TERMINATION, SANCTION, DAMAGES. If Consultant or any of his/her subcontractors perform services under this Agreement outside of the United States, the performance of such services shall be treated as a material breach of the Agreement. The College is not obligated to pay and shall not pay for such services. If Consultant or any of his/her subcontractors perform any such services, Consultant shall immediately return to the College all funds paid for those services. The College may also recover from the Consultant all costs associated with any corrective action the College may undertake, including but not limited to an audit or a risk analysis, as a result of the Consultant performing services outside the United States. The College may, at any time after the breach, terminate the Agreement, upon written notice to the Consultant. The College may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Agreement and costs associated with the acquisition of substitute services from a third party. If the College determines that actual and direct damages are uncertain or difficult to ascertain, the College in its sole discretion may recover a payment of liquidated damages in the amount of one hundred percent (100.00%) of the value of this Agreement. The College, in its sole discretion, may provide written notice to Consultant of a breach and permit the Consultant to cure the breach. Such cure period shall be no longer than twenty-one (21) calendar days. During the cure period, the College may buy substitute services from a third party and recover from the Consultant any costs associated with acquiring those substitute services. Notwithstanding the College permitting a period of time to cure the breach or the Consultant’s cure of the breach, the College does not waive any of its rights and remedies provided the College in this Agreement, including but not limited to recovery of funds paid for services the Consultant performed outside of the United States, costs associated with corrective action, or liquidated damages.
TERMINATION, SANCTION, DAMAGES. If Contractor or any of its sub-Contractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. ODH is not obligated to pay and shall not pay for such services. If Contractor or any of its sub-Contractors perform any such services, Contractor shall immediately return to ODH all funds paid for those services. ODH may also recover from Contractor all costs associated with any corrective action ODH may undertake, including but not limited to an audit or a risk analysis, as a result of Contractor performing services outside the United States.
6.13.1. ODH may, at any time after the breach, terminate the Contract, upon written notice to Contractor. ODH may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party.
TERMINATION, SANCTION, DAMAGES. ODJFS is not obligated and shall not pay for any services provided under this Agreement that GRANTEE or any of its subcontractors performed outside of the United States. If services are performed outside of the United States, this will be treated as a material breach of the Agreement, and GRANTEE shall immediately return to ODJFS all funds paid for those services. In addition, if GRANTEE or any of its subcontractors perform any such services outside of the United States, ODJFS may, at any time after the breach, terminate this Agreement for such breach, upon written notice to GRANTEE. If ODJFS terminates the Agreement, ODJFS may buy substitute services from a third party, and may recover the additional costs associated with acquiring the substitute services.
TERMINATION, SANCTION, DAMAGES. If Contractor or any of its lower-tiered sub-grantees or sub-contractors performs services under the Agreement outside of the United States, the performance of such services shall be treated as a material breach of the Agreement. The Agency is not obligated to pay and shall not pay for such services. If Contractor or any of its lower-tiered sub- grantees or sub-contractors perform any such services, Contractor shall immediately return to the Agency all grant funds disbursed as payment or reimbursement for those services or on the basis of the cost of such services having been counted as match or cost share specifically required as a condition for disbursement of grant funds.
TERMINATION, SANCTION, DAMAGES. If Contractor or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. The State is not obligated to pay and shall not pay for such services. If Contractor or any of its subcontractors perform any such services, Contractor shall immediately return to the State all funds paid for those services. The State may also recover from the Contractor all costs associated with any corrective action the State may undertake, including but not limited to an audit or a risk analysis, as a result of the Contractor performing services outside the United States. The State may, at any time after the breach, terminate the Contract, upon written notice to the Contractor. The State may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party. If the State determines that actual and direct damages are uncertain or difficult to ascertain, the State in its sole discretion may recover a payment of liquidated damages in the amount of 1% of the value of the Contract. The State, in its sole discretion, may provide written notice to Contractor of a breach and permit the Contractor to cure the breach. Such cure period shall be no longer than 21 calendar days. During the cure period, the State may buy substitute services from a third party and recover from the Contractor any costs associated with acquiring those substitute services. Notwithstanding the State permitting a period of time to cure the breach or the Contractor’s cure of the breach, the State does not waive any of its rights and remedies provided the State in this Contract, including but not limited to recovery of funds paid for services the Contractor performed outside of the United States, costs associated with corrective action, or liquidated damages.
