Common use of Remedies Not Involving Termination Clause in Contracts

Remedies Not Involving Termination. The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: Suspend Performance Suspend Xxxxxxx’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. Withhold Payment Withhold payment to Grantee until corrections in Xxxxxxx’s performance are satisfactorily made and completed. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Removal Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Xxxxx is deemed to be contrary to the public interest or not in the State’s best interest. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. State: Name and title of Person Department Name Address   Town, State Zip Email Grantee: Name and Title of Person Department Name Address 1 Address 2 Town, State Zip Email RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Xxxxxxx's obligations hereunder without the prior written consent of the State.

Remedies Not Involving Termination. The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: Suspend Performance Suspend Xxxxxxx’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. Withhold Payment Withhold payment to Grantee until corrections in Xxxxxxx’s performance are satisfactorily made and completed. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Removal Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Xxxxx is deemed to be contrary to the public interest or not in the State’s best interest. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. State: Name and title of Person Department Name Address   Town, State Zip Email Grantee: Name and Title of Person Department Name Address 1 Address 2 Town, State Zip Email RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Xxxxxxx's obligations hereunder without the prior written consent of the State.

Remedies Not Involving Termination. The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to itadditional remedies: Suspend Performance Suspend Xxxxxxx’s performance with respect to all or any portion of this Grant the Work pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/price or cost or an adjustment in the performance schedule. Grantee shall promptly cease performance performing Work and incurring costs in accordance with the State’s directive directive, and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provisionperformance. Withhold Payment Withhold payment to Grantee until corrections in Xxxxxxx’s performance are satisfactorily made and completedGrantee corrects its Work. Deny Payment Deny payment for those obligations Work not performed, or that due to Grantee’s actions or inactions, cannot be performed or, or if performed, would be they were performed are reasonably of no value to the Statestate; provided, that any denial of payment shall be reasonably related equal to the value to the State of the obligations not performed. Removal Demand immediate removal of any of Grantee’s employees, agents, or Subgrantees Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, unacceptable or whose continued relation to this Xxxxx Agreement is deemed by the State to be contrary to the public interest or not in the State’s best interest. Intellectual Property If Grantee infringes on any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grantright, Grantee shall, at the State’s option (a) obtain for as approved by the State or Grantee the (i) secure that right to use such products Work for the State and servicesContractor; (bii) replace any Goods, Services, or other product involved the Work with non-infringing products noninfringing Work or modify them the Work so that they become non-infringingit becomes noninfringing; or, (ciii) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products Work and refund the price amount paid therefore for such Work to the State. NOTICES and REPRESENTATIVES Each individual identified below Xxxxxxx’s Remedies If the State is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. State: Name and title of Person Department Name Address   Town, State Zip Email Grantee: Name and Title of Person Department Name Address 1 Address 2 Town, State Zip Email RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product breach of any typeprovision of this Agreement and does not cure such breach, including draftsGrantee, prepared by Grantee following the notice and cure period in §11 and the performance of its obligations under this Grant dispute resolution process in §13 shall be the exclusive property of the State and, have all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, remedies available at law and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Xxxxxxx's obligations hereunder without the prior written consent of the Stateequity.

Remedies Not Involving Termination. The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to itadditional remedies: Suspend Performance Suspend Xxxxxxx’s performance with respect to all or any portion of this Grant the Work pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/price or cost or an adjustment in the performance schedule. Grantee shall promptly cease performance performing Work and incurring costs in accordance with the State’s directive directive, and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provisionperformance. Withhold Payment Withhold payment to Grantee until corrections in Xxxxxxx’s performance are satisfactorily made and completedGrantee corrects its Work. Deny Payment Deny payment for those obligations Work not performed, or that due to Grantee’s actions or inactions, cannot be performed or, or if performed, would be they were performed are reasonably of no value to the Statestate; provided, that any denial of payment shall be reasonably related equal to the value to the State of the obligations not performed. Removal Demand immediate removal of any of Grantee’s employees, agents, or Subgrantees Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, unacceptable or whose continued relation to this Xxxxx Agreement is deemed by the State to be contrary to the public interest or not in the State’s best interest. Intellectual Property If Grantee infringes on any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grantright, Grantee shall, at the State’s option (a) obtain for as approved by the State or Grantee the (i) secure that right to use such products Work for the State and servicesGrantee; (bii) replace any Goods, Services, or other product involved the Work with non-infringing products noninfringing Work or modify them the Work so that they become non-infringingit becomes noninfringing; or, (ciii) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products Work and refund the price amount paid therefore for such Work to the State. NOTICES and REPRESENTATIVES Each individual identified below Xxxxxxx’s Remedies If the State is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. State: Name and title of Person Department Name Address   Town, State Zip Email Grantee: Name and Title of Person Department Name Address 1 Address 2 Town, State Zip Email RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product breach of any typeprovision of this Agreement and does not cure such breach, including draftsGrantee, prepared by Grantee following the notice and cure period in §11 and the performance of its obligations under this Grant dispute resolution process in §13 shall be the exclusive property of the State and, have all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, remedies available at law and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Xxxxxxx's obligations hereunder without the prior written consent of the Stateequity.

Remedies Not Involving Termination. The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: Suspend Performance Suspend Xxxxxxx’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. Withhold Payment Withhold payment to Grantee until corrections in Xxxxxxx’s performance are satisfactorily made and completed. Deny Payment Deny payment for those obligations not performed, that due to Grantee’s actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. Removal Demand removal of any of Grantee’s employees, agents, or Subgrantees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Xxxxx is deemed to be contrary to the public interest or not in the State’s best interest. Intellectual Property If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State’s option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. State: Name and title of Person and/or Title Department Name Address   Address Town, State Zip Email Grantee: Name and Title of Person Name Department Name Address 1 Address 2 TownAddress Address City, State Zip Email RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State’s exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Xxxxxxx's obligations hereunder without the prior written consent of the State.