Common use of TERMINATION, SANCTION, DAMAGES Clause in Contracts

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. (a) If Contractor the Grantee 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 the Grantee or any of its subcontractors perform any such services, Contractor the Grantee shall immediately return to the State all funds paid for those services. The State may also recover from the Contractor Grantee 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 Grantee performing services outside the United States. (b) . The State may, at any time after the breach, terminate the Contract, upon written notice to the ContractorGrantee. 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 one percent (51%) percent of the value of the Contract. (d) . The State, in its sole discretion, may provide written notice to Contractor Grantee of a breach and permit the Contractor Grantee to cure the breach. Such cure period shall be no longer than 21 twenty-one (21) calendar days. During the cure period, the State may buy substitute services from a third party and recover from the Contractor Grantee 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 Grantee’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 Grantee performed outside of the United States, costs associated with corrective action, or liquidated damages.

TERMINATION, SANCTION, DAMAGES. (a) If Contractor or any of its subcontractors Subcontractors perform services under this Contract Agreement outside of the United States, the performance of such services shall be treated as a material breach of the ContractAgreement. The State is not obligated to pay and shall not pay for such services. If Contractor or any of its subcontractors 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. (b1) The State may, at any time after the breach, terminate the ContractAgreement, 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 Agreement and costs associated with the acquisition of substitute services from a third party. (c2) 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 0% of the value of the ContractAgreement. (d3) 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 ’s cure of the breach, the State does not waive any of its the rights and remedies provided the State in this ContractAgreement, 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.