ADJUSTMENTS DUE TO PARTIAL PERFORMANCE. The per diem payment set forth in 7.1 assumes the services required under the Contract are fully performed. If the services are not fully preformed, the Bureau shall be entitled to an adjustment to compensation, as set forth below, to be credited against the CONTRACTOR’s monthly invoice. The credits are reasonable approximation of the contract price allocation to those services. The credits will not be construed as a penalty on the Service Provider. For services to be performed on a constant or daily basis, the credits shall be due for each day the service was not fully performed. For services to be performed on a less regular basis (e.g. a monthly report), the credits shall be due for each time the service was not fully performed. These credits shall be due for each time the service was not fully performed. These credits shall be in addition to, and shall not constitute a waiver of, the Bureau’s right to pursue any remedies or other damages under Section 10 of this Contract. Prior to exercising its rights under this section, the Bureau shall communicate in writing to the CONTRACTOR the reasons why the credit is due and give CONTRACTOR at least twenty (20) days to correct the non-performance and submit a corrective action plan for avoiding future non-performances. This opportunity to avoid the credit adjustment by correcting the non-performance and submitting a corrective action plan shall not apply to in the event of successive or repeated non- performances of the same nature. The credits depend on the “Service Area” in which the non-performance occurred, as follows:
ADJUSTMENTS DUE TO PARTIAL PERFORMANCE subsection 8.5.1.5 is hereby added with the following: For this renewal term, successive or repeated nonperformance issues/notices prior to February 1, 2019 will not be referenced.
