Common use of Delays and Complaints Clause in Contracts

Delays and Complaints. The Contractor will promptly notify the Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any product, including any commodity, service, deliverable, or project. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Customer’s delay. (For example if a facility is on lock down) The Contractor acknowledges that untimely performance or other material non-compliance will damage the Customer, but by their nature such damages are difficult to ascertain. Accordingly, the on-going liquidated damages will apply to this Contract. Ongoing liquidated damages are not intended to be a penalty and are solely intended to compensate for damages caused by failure to complete or perform on the Contract. Documented inability to timely and successfully complete (or deliver) any Products may result in ongoing liquidated damages, default proceedings, and possible termination via the established Complaint to Vendor process (PUR 7017) per 60A-1.006 F.A.C. The Department or Customer may impose ongoing liquidated damages up to one thousand dollars ($1000.00) per calendar day of non-compliance, until such non-compliance is remedied to the satisfaction of the Department or Customer, as applicable. Ongoing liquidated damages may be adjusted based on total damages realized by the Department or Customer as specified in Section 4.6.

Delays and Complaints. The Contractor will promptly notify the Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any productProduct, including any commodity, service, deliverable, or project. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Customer’s delay. (For example if a facility is on lock down) The Contractor acknowledges that untimely performance or other material non-compliance will damage the Customer, but by their nature such damages are difficult to ascertain. Accordingly, the on-going liquidated damages will apply to this Contract. Ongoing liquidated damages are not intended to be a penalty and are solely intended to compensate for damages caused by failure to complete or perform on the Contract. Documented inability to timely and successfully complete (or deliver) any Products may result in ongoing liquidated liquid damages, default proceedings, and possible termination via the established Complaint to Vendor process (PUR 7017) per 60A-1.006 F.A.C. The Department or Customer may impose ongoing liquidated liquid damages up to one thousand dollars ($1000.00) per calendar day of non-compliance, until such non-compliance is remedied to the satisfaction of the Department or Customer, as applicableParties. Ongoing liquidated liquid damages may be adjusted based on total damages realized by the Department or Customer as specified in Section 4.6Customer.