Common use of BREACH BY PATTERN OR PRACTICE Clause in Contracts

BREACH BY PATTERN OR PRACTICE. The Department has the right to terminate the Contract and/or pursue all available legal and equitable remedies if the Contractor, by pattern or practice, materially breaches any provision of the Contract. Actions that shall constitute a material breach include, but are not limited to, neglect, failure, or refusal to perform in accordance with any of the terms of this Contract. The Department may provide the Contractor with an opportunity to cure the material breach. Such cure period would be thirty (30) days after written notice, as noted above. If Contractor’s efforts to cure are unsuccessful, as determined by the Department’s sole, but reasonable, discretion, the Department may terminate the Contract as soon as administratively feasible and/or pursue all available legal and equitable remedies.

BREACH BY PATTERN OR PRACTICE. The Department has the right to terminate the Contract and/or pursue all available legal and equitable remedies if the Contractor, by pattern or practice, materially breaches any provision of the Contract. Actions that shall constitute a material breach include, but are not limited to, neglect, failure, or refusal to perform in accordance with any of the terms of this Contract. The Department may provide the Contractor with an opportunity to cure the material breach. Such cure period would be thirty (30) days after written notice, as noted above. If Contractor’s efforts to cure are unsuccessful, as determined by the Department’s sole, but reasonable, Department in its sole discretion, the Department may terminate the Contract as soon as administratively feasible and/or pursue all available legal and equitable remedies.