Delay of Payment Due to Contractor’s Failure. If the State Entity in good faith determines that the Contractor has failed to perform or deliver any service or product as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such service or product is performed or delivered. In this event, the State Entity may withhold that portion of the Contractor’s compensation which represents payment for services or products that were not performed or delivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the State Entity to incur costs, the State Entity may deduct the amount of such incurred costs from any amounts payable to Contractor. The State Entity’s authority to deduct such incurred costs shall not in any way affect the State Entity’s authority to terminate the Contract.
Delay of Payment Due to Contractor’s Failure. If the City in good faith determines that the Contractor has failed to perform or deliver any service or product as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such service or product is performed or delivered. In this event, the City may withhold that portion of the Contractor’s compensation which represents payment for services or products that were not performed or delivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the City to incur costs, the City may deduct the amount of such incurred costs from any amounts payable to Contractor. The City’s authority to deduct such incurred costs shall not in any way affect the City’s authority to terminate the Contract.
Delay of Payment Due to Contractor’s Failure. If DNR determines that the Contractor has failed to perform or deliver any Deliverable required by this Contract, then the Contractor shall not be entitled to any compensation or any further compensation if compensation has already occurred, under this Contract until such Deliverable is performed or delivered. DNR shall withhold that portion of the invoice amount which represents payment for the Deliverable that was not completed, delivered and successfully deployed.
Delay of Payment Due to Contractor’s Failure. If the Department in good faith determines that the Contractor has failed to perform or deliver any service or product as required by this Contract, the Contractor shall not be entitled to any compensation under this Contract until such service or product is performed or delivered. In this event, the Department may withhold that portion of the Contractor’s compensation, which represents payment for service or product that was not performed or delivered.
Delay of Payment Due to Contractor’s Failure. If the Department in good faith determines that the Contractor has failed to perform or deliver Services as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Services are properly performed. In this event, the Department may withhold that portion of the Contractor’s compensation which represents payment for Services that were not delivered or performed. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the Department to incur costs, the Department may deduct the amount of such incurred costs from any amounts payable to Contractor. The Department’s authority to deduct such incurred costs shall not affect the Department’s authority to terminate the Contract.
Delay of Payment Due to Contractor’s Failure. If the State Entity in good faith determines that the Contractor has failed to perform or deliver Software, Licenses and/or Services as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Software or Licenses are delivered and Services are performed. In this event, the State Entity may withhold that portion of the Contractor’s compensation which represents payment for Software, Licenses and/or Services that were not delivered or performed. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the State Entity to incur costs, the State Entity may deduct the amount of such incurred costs from any amounts payable to Contractor. The State Entity’s authority to deduct such incurred costs shall not in any way affect the State Entity’s authority to terminate the Contract.
Delay of Payment Due to Contractor’s Failure. If the User Agencies in good faith determine that the Contractor has failed to perform or deliver any service or product as required by the Statewide Contract, the Contractor shall not be entitled to any compensation under the Statewide Contract until such service or product is performed or delivered. In this event, the User Agencies may withhold that portion of the Contractor’s compensation which represents payment for services or products that were not performed or delivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the User Agencies to incur costs, the User Agencies may deduct the amount of such incurred costs from any amounts payable to Contractor. The User Agencies’ authority to deduct such incurred costs shall not in any way affect the Agency’s sole authority to terminate the Statewide Contract.
Delay of Payment Due to Contractor’s Failure. If the Customer in good faith determines that the Contractor has failed to perform or deliver any service or product as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such service or product is performed or delivered. In this event, the Customer may withhold that portion of the Contractor’s compensation which represents payment for services or products that were not performed or delivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the Customer to incur costs, the Customer may deduct the amount of such incurred costs from any amounts payable to Contractor. The Customer’s authority to deduct such incurred costs shall not in any way affect the Customer’s authority to terminate the Contract.
Delay of Payment Due to Contractor’s Failure. If the JIA in good faith determines that the Contractor has failed to perform or deliver Services as required by the Contract, the JIA may withhold that portion of the Contractor’s compensation which represents payment for Services that were not performed or delivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the JIA to incur costs, the JIA may deduct the amount of such incurred costs from any amounts payable to Contractor. The JIA’s authority to deduct such incurred costs shall not in any way affect the JIA’s authority to terminate the Contract or to recover Liquidated Damages.
Delay of Payment Due to Contractor’s Failure. If Kennesaw State University in good faith determines that the Contractor has failed to perform or deliver Services as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Service is performed or delivered. In this event, Kennesaw State University may withhold that portion of the Contractor’s compensation which represents payment for Services that were not performed or delivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes Kennesaw State University to incur costs, Kennesaw State University may deduct the amount of such incurred costs from any amounts payable to Contractor. Kennesaw State University’s authority to deduct such incurred costs shall not in any way affect Kennesaw State University’s authority to terminate the Contract. In the event that the Contractor owes Kennesaw State University and/or the State any sum under the terms of the Contract, pursuant to any judgment, or pursuant to any law, Kennesaw State University and/or the State may set off the sum owed against any sum owed by Kennesaw State University to the Contractor in Kennesaw State University’s sole discretion.
