Availability and Assessment Clause Samples

Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor’s failure to comply with any of the terms of the Contract. In some cases, the actual damage to HHSC as a result of Contractor’s failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Contractor; or (b) By deducting the amounts assessed as liquidated damages against payments owed to Contractor for Work performed. In its sole discretion, HHSC may deduct amounts assessed as liquidated damages as a single lump sum payment or as multiple payments until the full amount payable by the Contractor is received by the HHSC.
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Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor’s failure to comply with any of the terms of the Contract.
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Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor’s failure to comply with any of the terms of the Contract. In some cases, the actual damage to HHSC as a result of Contractor’s failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages:
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Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from ▇▇▇▇▇▇▇'s failure to comply with any of the terms of the Contract. In some cases, the actual damage to HHSC as a result of ▇▇▇▇▇▇▇'s failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Grantee for failure to meet any aspect of the Work or responsibilities of the Grantee. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Grantee; or (b) By deducting the amounts assessed as liquidated damages against payments owed to Grantee for Work performed. In its sole discretion, HHSC may deduct amounts assessed as liquidated damages as a single lump sum payment or as multiple payments until the full amount payable by the Grantee is received by the HHSC.
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Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from failure to comply with any of the terms of the Contract. In some cases, the actual damage to HHSC as a result of failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Contractor; or (b) By deducting the amounts assessed as liquidated damages against payments owed to Contractor for Work performed. In its sole discretion, HHSC may deduct amounts assessed as liquidated damages as a single lump sum payment or as multiple payments until the full amount payable by the Contractor is received by the HHSC.
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Availability and Assessment. To the extent permitted by the Constitution and the laws of the state of Texas, Contractor, its subcontractors and their respective personnel shall, in each Operational Year, not be liable to HHSC for any claims, liabilities or associated expenses related to this Contract (“Claims:) in an aggregate amount in excess of the sum of the Annual Fixed Fees (as the Annual Fixed Fees may be reduced or increased by Amendment in any Operational Year) paid or to be paid by HHSC to CONTRACTOR during that Operational Year. Within each Operational Year, the Annual Fixes Fees “to be paid” for the liability limit applicable in the case of a specific event shall be determined by reference to the agreed sum of the Annual Fixed Fees applicable on the day the event occurs. In the event of a disclosure by Contractor of Confidential Information in breach of the DUA giving rise to Claims, such limitation of liability shall be increased to instead be one and one half times (1.5x) the sum of the Annual Fixed Fees (as the Annual Fixed Fees may be reduced or increased by Amendment in any Operational Year) paid or to be paid by HHSC to CONTRACTOR during that Operational Year. The limitation herein shall not apply to Claims resulting from Contractor's or its subcontractors' recklessness, bad faith or intentional misconduct. In no event shall either party, its subcontractors, or their respective personnel be liable for any loss of goodwill, revenues or profits (whether or not deemed to constitute a direct Claim), or any consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense, relating to this contract. This provision shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence) or otherwise, notwithstanding the failure of the essential purpose of any remedy. In some cases, the actual damage to HHSC as a result of Contractor’s failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Contractor; or (b) By deducting the amounts assessed as liquidated damages against payments owed to Contractor for Work performed. In its sole discretion, HHSC may deduct amou...
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Related to Availability and Assessment

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.