Remedy of the Department Sample Clauses

Remedy of the Department. When an Event of Default by the Contractor has been determined to exist, the Department’s Authorized Representative will notify, in writing, the Contractor of such Event of Default, and subject to the provisions of Section I.3.2, the Department will have the right to pursue any remedy it may have by law or in equity including, but not limited to:
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Remedy of the Department. Upon the occurrence of a Breach of Contract by CONTRACTOR, and subject to the notice and cure provisions in this Contract, the Department shall have the right to adjust CONTRACTOR’S compensation as set forth in Section 8.1 and pursue any other remedy it may have at law or in equity, including, but not limited to, (i) reducing its claim to a judgment and seeking all damages for such breach; (ii) taking action to cure the Breach of Contract, in which case the Department Chief may offset against any payments owed to CONTRACTOR all reasonable costs incurred by the Department in connection with its efforts to cure such Breach of Contract; (iii) terminating the Contract and removing CONTRACTOR as the operator of the Facility and offsetting against any payments owed to CONTRACTOR by the Department of all reasonable costs incurred by the Department to cure the Breach of Contract, including attorneys’ fee. In the event of a termination of this Contract due to a Breach of Contract under Section 11.2, the Department shall have no further obligations to CONTRACTOR after CONTRACTOR’s removal; CONTRACTOR agrees to comply with Sections 12.5 and 12.6 with respect to the transition to new management. In the event of any remedy pursuant to this section, CONTRACTOR shall have the right to appeal to the Department, and during any such appeal, the remedies pursuant to this paragraph shall be tolled. In the event of a termination for cause, CONTRACTOR’S liability shall include, but not limited to, any costs associated with the transportation of Inmates, any expenses incurred by the Department or any other agency to staff the Facility, and any expenses incurred by the Department or any other agency to operate the Facility which exceed the amount the Department would have paid the CONTRACTOR under this Contract.
Sample 1

Related to Remedy of the Department

  • RESPONSIBILITIES OF THE DEPARTMENT The Department agrees to:

  • Monitoring by the Department The Contractor shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers, documents, facilities, goods, and services of the Contractor that are relevant to this Contract, and to interview clients, employees, and sub-contractor employees of the Contractor to assure the Department of satisfactory performance of the terms and conditions of this Contract. Following such review, the Department shall deliver to the Contractor a written report of its finding, and may direct the development, by the Contractor, of a corrective action plan. This provision shall not limit the Department’s termination rights.

  • Obligations of the Department a. The Department shall notify Business Associate of a) any limitation in any applicable Notice of Privacy Practices that would affect the use or disclosure of PHI by the Business Associate and b) any changes, revocations, restrictions or permissions by an individual to the use and disclosure of his/her PHI to which the Department has agreed, to the extent such restrictions or limitations may affect the performance of Business Associate’s services on behalf of the Department.

  • Maintenance Department All employees in this section are subject to the provisions of the Collective Agreement except as specifically covered in this section.

  • Department of State Registration Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity.

  • Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

  • Environmental Protection Except as set forth in Schedule 5.13 annexed hereto:

  • Department of Housing and Urban Development This includes a HUD produced video titled “The Basics of the Fair Housing Act” which can be accessed via YouTube at xxxxx://xxx.xxxxxxx.xxx/watch?v=egXPe7HT7tc. Relief for Complainant

  • DEPARTMENT'S REPRESENTATIVE The Contract Administrator shall be the Department's representative during the period of this Contract. He/she has authority to curtail services if necessary to ensure proper execution. He/she shall certify to the Department when payments under the Contract are due and the amounts to be paid. He/she shall make decisions on all claims of the Provider, subject to the approval of the Commissioner of the Department.

  • Department of Health and Human Services An employee notified of a positive controlled substance or alcohol test result may request an independent test of their split sample at the employee’s expense. If the test result is negative, the Employer will reimburse the employee for the cost of the split sample test. An employee who has a positive alcohol test and/or a positive controlled substance test may be subject to disciplinary action, up to and including dismissal, based on the incident that prompted the testing, including a violation of the drug and alcohol free work place rules.

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