Contractor’s Remedies. In the event County terminates this Contract as set forth in Section 13.1, or in the event County is in default under Section 11.2 and whether or not Contractor elects to exercise its right to terminate the Contract under Section 13.3, Contractor’s sole monetary remedy shall be a claim for (i) any unpaid invoices for Software delivered and Services completed and accepted; and, (ii) for incomplete Deliverables an amount calculated by determining the percentage of Services completed on each unpaid Deliverable and applying that percentage to the price for the Deliverable set forth in the Statement of work, not to exceed amount for the Deliverable set forth in the Statement of Work, and authorized expenses incurred. If previous amounts paid to Contractor exceed the amount due to Contractor under this Section 12.3, Contractor shall pay any excess to County upon written demand.
Contractor’s Remedies. If the Subcontractor defaults or neglects to carry out the Work in accordance with the Subcontract and fails within five working days after receipt of notice from the Contractor to commence and continue correction of such default or neglect with diligence and promptness, the Contractor may, without prejudice to other remedies the Contractor may have, remedy such default or neglect and withhold, the reasonable cost thereof from current or future payments due the Subcontractor. If payments due to the Subcontractor are not sufficient to cover such amounts, the Subcontractor shall pay the difference to the Contractor.
Contractor’s Remedies. If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 6.1 of this Contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within ten days following receipt of such demand, then Contractor shall be entitled to pursue such remedies, not inconsistent with the provisions of this Contract, as it may have in law or equity.
Contractor’s Remedies. If Agency terminates this Contract for convenience under section 3.13.2, or if Agency is in breach under section 3.11.1 and whether or not Contractor elects to exercise its right to terminate this Contract under section 3.13.3, Contractor's sole remedy is one of the following, as applicable:
Contractor’s Remedies. Contractor waives any claims for consequential damages, including loss of anticipated profits for uncompleted Work, on account of a cancellation or termination by Sunrun pursuant to Section 5.5 and shall accept as its sole remedy payment of: (i) the Contract Price attributable to the Work (including any Work in progress and equipment and materials purchased) properly performed by Contractor and its Subcontractors under the Addendum as of the effective date of cancellation provided that such Work is properly evidenced in such manner reasonably requested by Sunrun; (ii) reimbursement for any Subcontractor termination costs provided that such termination costs are properly evidenced in such manner reasonably requested by Sunrun; and (iii) any other out-of-pocket costs and expenses reasonably incurred by Contractor as a result of such cancellation which, under the circumstances and Contractor’s exercise of reasonable diligence, cannot reasonably be avoided by Contractor and are a direct result of such termination and provided that such Work is properly evidenced in such manner reasonably requested by Sunrun. Contractor shall use best efforts to minimize any such costs of cancellation. For the avoidance of doubt, the Parties agree that any costs or compensation for customer acquisition costs or costs or compensation related sales or marketing activities shall not be included in the payments Contractor is entitled to under this Section 5.5(e). Sunrun shall direct Contractor to either, at Sunrun’s option, retain all equipment and materials procured for use in performing the Work under such cancelled Addendum for use in assoc iation with performing Work under other executory or future Addenda, or shall provide shipping instructions to Contractor to have such equipment and materials delivered to Sunrun at Sunrun’s expense . Payments for cancellation under this Section 5.5 shall be due within ten (10} Business Days of Sunrun’s receipt and acceptance of a substantiated, itemized invoice and the delivery of any such Work pursuant to the previous sentence (if such delivery is Sunrun’s selected opt ion).ARTICLE 6- CONTRACT PRICE AND PAYMENT TERMS
Contractor’s Remedies. In the event Authorized Purchaser terminates the Contract for convenience under Section 126.96.36.199, or in the event Authorized Purchaser is in default under Section 3.18.2 and whether or not Contractor elects to exercise its right to terminate the Contract under Section 3.21.3, Contractor’s sole remedy shall be (a) A claim against Authorized Purchaser for the unpaid purchaser price for Goods delivered and accepted by Authorized Purchaser (b) with respect to Services compensable on an hourly basis, a claim for unpaid invoices, hours worked but not yet billed and authorized expenses for services completed and accepted by Authorized Purchaser (b) with respect to deliverable-based Services, a claim for the sum designated for completing the deliverable multiplied by the percentage of Services completed and accepted by Authorized Purchaser, less previous amounts paid and any claim(s) which Authorized Purchaser has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this Section, Contractor shall pay any excess to Authorized Purchaser upon written demand.
Contractor’s Remedies. IN THE EVENT AGENCY TERMINATES THE CONTRACT FOR CONVENIENCE UNDER SECTION3.21.2.A, OR IN THE EVENT AGENCY IS IN DEFAULT UNDER SECTION 3.18.2 AND WHETHER OR NOT CONTRACTOR ELECTS TO EXERCISE ITS RIGHT TO TERMINATE THE CONTRACT UNDER SECTION 3.21.3, CONTRACTOR'S SOLE REMEDY SHALL BE (A) A CLAIM AGAINST AGENCY FOR THE UNPAID PRICE FOR ANY GOODS DELIVERED AND ACCEPTED BY AGENCY (B) WITH RESPECT TO SERVICES COMPENSABLE ON AN HOURLY BASIS, A CLAIM AGAINST AGENCY FOR UNPAID INVOICES, HOURS WORKED BUT NOT YET BILLED AND AUTHORIZED EXPENSES FOR SERVICES COMPLETED AND ACCEPTED BY AGENCY (C) WITH RESPECT TO DELIVERABLE-BASED SERVICES, A CLAIM AGAINST AGENCY FOR THE SUM DESIGNATED FOR COMPLETING THE DELIVERABLE MULTIPLIED BY THE PERCENTAGE OF WORK COMPLETED AND ACCEPTED BY AGENCY, LESS PREVIOUS AMOUNTS PAID AND ANY CLAIM(S) WHICH STATE HAS AGAINST CONTRACTOR. IF PREVIOUS AMOUNTS PAID TO CONTRACTOR EXCEED THE AMOUNT DUE TO CONTRACTOR UNDER THIS SECTION, CONTRACTOR SHALL PAY ANY EXCESS TO AGENCY UPON WRITTEN DEMAND.