Common use of Delay of Payment Due to Contractor’s Failure Clause in Contracts

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 Department in good faith determines that the Contractor has failed to perform or deliver any Services as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Services are properly performeddelivered and accepted. In this event, the Department may withhold that portion of the Contractor’s compensation compensation, which represents payment for Services that were not delivered or performeddelivered. 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 in any way affect the Department’s authority to terminate the Contract.

Delay of Payment Due to Contractor’s Failure. If the Department Institution in good faith determines that the Contractor has failed to perform or deliver Services as required by the Contractthis Agreement, the Contractor shall not be entitled to any compensation under the Contract this Agreement until such Services are properly performedService is performed or delivered. In this event, the Department Institution may withhold that portion of the Contractor’s compensation which that represents payment for Services that were not delivered performed or performeddelivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the Department Institution to incur costs, the Department Institution may deduct the amount of such incurred costs from any amounts payable to Contractor. The DepartmentInstitution’s authority to deduct such incurred costs shall not in any way affect the DepartmentInstitution’s authority to terminate the Contractthis Agreement.