Common use of Availability and Assessment Clause in Contracts

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.

Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor’s '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 '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.

Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor’s '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 '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 damagesliquidateddamages: (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.