Common use of Assessment of Actual Damages Clause in Contracts

Assessment of Actual Damages. Section 6.1.6.4 of RFP MED-04-015 identifies activities subject to actual damages. In the event actual damages are assessed, the assessment shall not constitute a waiver or a release of any other remedy the Department may have under the Contract, including without limitation the Department’s right to terminate the Contract. The waiver of any actual damages due the Department shall not act as a waiver of any future assessment of actual damages. The Department’s failure to demand actual damages within any period of time shall not constitute a waiver of such claim by the Department. The Department will notify the Contractor in writing of the proposed assessment of actual damages. If the Contractor disputes the assessment, it must challenge the assessment in writing pursuant to the Contract Disputes Section. The amount due the Department as actual damages may be deducted from any fees or other compensation payable to the Contractor, or the Department may require the Contractor to remit the damages within thirty (30) days following the notice of assessment or the resolution of any dispute. At the Department’s option, the Department may obtain payment of assessed actual damages through one (1) or more claims upon any performance bond furnished by the Contractor after the Contractor has been given the opportunity to utilize the Contract dispute process and/or the Contractor has been given the opportunity to remit payment.

Assessment of Actual Damages. Section 6.1.6.4 6.11.1 of RFP MED-04-015 MED-04- 034 identifies activities subject to actual damages. In the event actual damages are assessed, the assessment shall not constitute a waiver or a release of any other remedy the Department may have under the Contract, including without limitation the Department’s right to terminate the Contract. The waiver of any actual damages due the Department shall not act as a waiver of any future assessment of actual damages. The Department’s failure to demand actual damages within any period of time shall not constitute a waiver of such claim by the Department. The Department will notify the Contractor in writing of the proposed assessment of actual damages. If the Contractor disputes the assessment, it must challenge the assessment in writing pursuant to the Contract Disputes Section. The amount due the Department as actual damages may be deducted from any fees or other compensation payable to the Contractor, or the Department may require the Contractor to remit the damages within thirty (30) days following the notice of assessment or the resolution of any dispute. At the Department’s option, the Department may obtain payment of assessed actual damages through one (1) or more claims upon any performance bond furnished by the Contractor after the Contractor has been given the opportunity to utilize the Contract dispute process and/or the Contractor has been given the opportunity to remit payment.

Assessment of Actual Damages. Section 6.1.6.4 6.11.1 of RFP MED-04-015 034 identifies activities subject to actual damages. In the event actual damages are assessed, the assessment shall not constitute a waiver or a release of any other remedy the Department may have under the Contract, including without limitation the Department’s right to terminate the Contract. The waiver of any actual damages due the Department shall not act as a waiver of any future assessment of actual damages. The Department’s failure to demand actual damages within any period of time shall not constitute a waiver of such claim by the Department. The Department will notify the Contractor in writing of the proposed assessment of actual damages. If the Contractor disputes the assessment, it must challenge the assessment in writing pursuant to the Contract Disputes Section. The amount due the Department as actual damages may be deducted from any fees or other compensation payable to the Contractor, or the Department may require the Contractor to remit the damages within thirty (30) days following the notice of assessment or the resolution of any dispute. At the Department’s option, the Department may obtain payment of assessed actual damages through one (1) or more claims upon any performance bond furnished by the Contractor after the Contractor has been given the opportunity to utilize the Contract dispute process and/or the Contractor has been given the opportunity to remit payment.