Remedies for Contractor Default Sample Clauses
The "Remedies for Contractor Default" clause defines the actions and recourse available to the client or project owner if the contractor fails to meet their contractual obligations. Typically, this clause outlines specific steps such as issuing a notice of default, providing an opportunity for the contractor to cure the default, and, if unresolved, allowing the client to withhold payments, engage third parties to complete the work, or terminate the contract. By clearly specifying the consequences and procedures in the event of contractor default, this clause protects the client’s interests and ensures there is a structured process to address and resolve performance failures.
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Remedies for Contractor Default. The State is entitled to one or all of the following remedies in the event of Contractor default:
12.8.1 Equitable relief;
12.8.2 Damages for non-performance or breach of contract as described in Section 12.2 above; or
Remedies for Contractor Default. In the event that Contractor is in default according to Section 14.1 and (a) Contractor fails, neglects, refuses or is unable to remedy such breach within fifteen (15) days after receipt by Contractor of Owner's written notice of such breach, or (b) if the breach is not capable of remedy within fifteen (15) days, Contractor fails to commence and proceed diligently in good faith to remedy the breach within fifteen (15) days after receiving written notice thereof from Owner, then Owner may, without prejudice to any other right or remedy available to Owner under this Agreement, pursue any one or more of the following remedies and actions:
(a) Owner may suspend payment of amounts due to Contractor until Owner has received adequate assurances of performance from Contractor;
(b) Owner may perform the Work itself or engage others to perform the same, in which case Owner may back charge or demand that Contractor pay all actual costs incurred by Owner in remedying or overcoming Contractor's default;
(c) Owner may suspend the Work (which shall be deemed to be a suspension caused by Contractor pursuant to Section 6.10(a)) until the cause of the breach is remedied by Contractor or otherwise overcome; or
(d) Owner may terminate this Agreement for default pursuant to Section 17.2. Notwithstanding anything in this Section 14.2, if Contractor abandons this Agreement or the Construction Agreement or WGI Parent abandons or repudiates the WGI Guaranty, Owner may immediately terminate this Agreement by written notice to Contractor and pursue any of its rights and remedies for termination of this Agreement for Contractor's default.
Remedies for Contractor Default. If Company provides notice of Default per option (a) of Contractor Breach and Contractor does not cure, or the Parties do not agree in writing to satisfactory arrangements, within the cure period, Company, besides any other available remedy, may: (i) supplement Contractor’s performance, at Contractor’s expense, in which case Contractor must continue diligent performance of Services and cooperate with the supplemental personnel; (ii) direct Contractor to add labor or resources, at Contractor’s expense; (iii) seek specific performance through injunction; or (iv) terminate per Termination for Default below. Unless the Contract expressly states otherwise, all contractual remedies are cumulative, not alternative or exclusive, and additional to any legal or equitable remedy.
Remedies for Contractor Default. Upon the occurrence of a Contractor Default, Customer's sole remedy shall be (i) to issue written notice thereof to Contractor and if 30 Days shall thereafter pass without Contractor having remedied the event that gave rise to the Contractor Default, Customer shall be relieved of the obligation to pay the Fixed Fee and the Variable Fee that would otherwise be payable pursuant to this Agreement, (ii) to suspend and not recommence the payment of any further of such Fixed and Variable Fees until such time as Contractor shall have remedied the event that gave rise to the Contractor Default, and (iii) to the extent that such Contractor Default is caused by the act or omission of the contractor(s) that are providing subcontracted services to Contractor, to require that Contractor terminate the services of such contractor(s) if permitted by the terms and provisions of the relevant contract(s), and thereupon cause substitute contractor(s) to be appointed. The Parties understand and expressly agree that notwithstanding a Contractor Default, if Contractor shall have remedied the event that gave rise to such Contractor Default within the 30 Day period permitted above, Customer shall not be relieved of its obligation to pay any Fees.
Remedies for Contractor Default. If an Event of Default has occurred and cure efforts have not been initiated by the appropriate date, or such Event of Default shall not have been cured in all material respects at the conclusion of the applicable cure period, Owner, at its discretion, may be entitled to take one or more of the following actions:
20.3.1 Proceed against Contractor pursuant to Article 16;
20.3.2 Seek specific performance of Contractor’s obligations under this Contract to the extent permitted by Laws; or
20.3.3 Terminate this Contract.