Common use of Subcontractor Default Clause in Contracts

Subcontractor Default. (a) In the event that Subcontractor fails to cure any delay or defect in performance of work per BluSky's direction then BluSky may in its sole discretion and election, at any time, terminate or supplement Subcontractor's further performance and backcharge Subcontractor for costs to remedy the delay or defect as well as for any additional costs BluSky incurs, above the Contract Price, to complete Subcontractor's Scope of Work and including any other consequential or liquidated damages BluSky incurs including costs and attorneys' fees. (b) In the event of termination, to the extent materials have been ordered, Subcontractor, specifically and irrevocably directs such suppliers to thereafter, upon demand of BluSky, to respond to and deliver the materials in accordance with BluSky’s instructions. (c) BluSky may deduct the backcharges, including without restriction thereto, all charges, expenses, losses, costs and damages incurred as a result of the Subcontractor’s default from any money then due or thereafter to become due to the Subcontractor. (d) The remedies provided in this provision are cumulative, in addition to, and not in lieu of, any other remedies, legal or equitable, available to BluSky whether provided under this Subcontract or otherwise. In the event of legal proceedings concerning Subcontractor’s default, Subcontractor agrees to pay BluSky its costs and legal fees in addition to actual damages sustained. The undersigned personally guarantees Subcontractor’s faithful performance of this Agreement. (e) Subcontractor shall keep all properties on which it works free from liens or claims related to or arising from its Work.

Subcontractor Default. (a) In the event that Subcontractor fails to cure any delay or defect in performance of work per BluSky▇▇▇▇▇▇'s direction then BluSky may in its sole discretion and election, at any time, terminate or supplement Subcontractor's further performance and backcharge Subcontractor for costs to remedy the delay or defect as well as for any additional costs BluSky incurs, above the Contract Price, to complete Subcontractor's Scope of Work and including any other consequential or liquidated damages BluSky incurs including costs and attorneys' fees. (b) In the event of termination, to the extent materials have been ordered, Subcontractor, specifically and irrevocably directs such suppliers to thereafter, upon demand of BluSky, to respond to and deliver the materials in accordance with BluSky’s instructions. (c) BluSky may deduct the backcharges, including without restriction thereto, all charges, expenses, losses, costs and damages incurred as a result of the Subcontractor’s default from any money then due or thereafter to become due to the Subcontractor. (d) The remedies provided in this provision are cumulative, in addition to, and not in lieu of, any other remedies, legal or equitable, available to BluSky whether provided under this Subcontract or otherwise. In the event of legal proceedings concerning Subcontractor’s default, Subcontractor agrees to pay BluSky its costs and legal fees in addition to actual damages sustained. The undersigned personally guarantees Subcontractor’s faithful performance of this Agreement. (e) Subcontractor shall keep all properties on which it works free from liens or claims related to or arising from its Work.