Deliverable Credits. Successful Respondent recognizes that DIR is paying Successful Respondent to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Successful Respondent fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to DIR, Successful Respondent shall pay or credit to DIR the amounts specified in Exhibits 3.0 Performance Model as applicable, or established by DIR as part of the Project approval process on a case by case basis in recognition of the diminished value of the Services resulting from Successful Respondent’s failure to meet the agreed upon level of performance, and not as a penalty (the "Deliverable Credits"). If DIR recovers monetary damages from Successful Respondent as a result of Successful Respondent’s failure to meet its obligations with respect to one (1) or more Critical Deliverables, Successful Respondent shall be entitled to set-off against such damages any Deliverable Credits paid for the failures giving rise to such recovery. Deliverable Credits are distinct from Service Level Credits and shall not be counted toward or subject to the overall cap on Successful Respondent’s liability.
Deliverable Credits. Service Provider recognizes that DIR is paying Service Provider to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Service Provider fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to DIR, Service Provider shall pay or credit to DIR the amounts specified in Exhibits 3, as applicable, or established by DIR as part of the Project approval process on a case by case basis in recognition of the diminished value of the Services resulting from Service Provider's failure to meet the agreed upon level of performance, and not as a penalty (the "Deliverable Credits"). If DIR recovers monetary damages from Service Provider as a result of Service Provider's failure to meet its obligations with respect to one (1) or more Critical Deliverables, Service Provider shall be entitled to set-off against such damages any Deliverable Credits paid for the failures giving rise to such recovery. Deliverable Credits are distinct from Service Level Credits and shall not be counted toward or subject to the overall cap on Service Provider's liability.
Deliverable Credits. Supplier recognizes that Kraft is paying Supplier to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Supplier fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to Kraft, Supplier shall pay or credit to Kraft the Deliverable Credits specified in the applicable Supplement or established by Kraft as part of the Project approval process on a case by case basis in recognition of the diminished value of the Services resulting from Supplier’s failure to meet the agreed-upon level of performance, and not as a penalty. If Kraft recovers monetary damages from Supplier as a result of Supplier’s failure to meet its obligations with respect to one or more Critical Deliverables, Supplier shall be entitled to set off against such damages any Deliverable Credits paid for the failures giving rise to such recovery.
Deliverable Credits. Contractor acknowledges that the failure to complete and/or deliver a Deliverable or Final Deliverable or to meet a Key Milestone, each by the time and in the manner required under the applicable Deliverable Work Plan, will have a material adverse effect on the business and operations of LAUSD and that the actual amount of damage sustained by LAUSD because of such failure may be impossible or extremely difficult to quantify or determine. Accordingly, a Deliverable Work Plan may provide for credits (“Deliverable Credits”) against fees due to Contractor for Contractor’s failure to provide or complete any Deliverable or Final Deliverable or to meet any Key Milestone, each by the time and in the manner required under the applicable Deliverable Work Plan. Contractor acknowledges that Deliverable Credits are not intended as a penalty but are instead the parties’ best approximation of District’s actual damages resulting from Contractor’s failure to complete and/or deliver a Deliverable or Final Deliverable or to meet a Key Milestone in a timely and compliant manner. A Deliverable Credit will be credited to District on the invoice that contains fees for the month during which the right to such Deliverable Credit arose or as soon as practicable thereafter. Payment of a Deliverable Credit does not limit District’s other remedies for Contractor’s delay or failure to provide a Deliverable or Final Deliverable or to meet a Key Milestone.
Deliverable Credits. Supplier recognizes that New Century is paying Supplier to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Supplier fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to New Century, Supplier shall pay or credit to New Century the amounts (the “Deliverable Credits”) specified in Exhibits 3 and/or 20 or established by New Century as part of the Project approval process on a case by case basis in recognition of the diminished value of the Services resulting from Supplier’s failure to meet the agreed upon level of performance, and not as a penalty. If New Century recovers monetary damages from Supplier as a result of Supplier’s failure to meet its obligations with respect to one (1) or more Critical Deliverables, Supplier shall be entitled to set-off against such damages any Deliverable Credits paid for the failures giving rise to such recovery. Fifty percent (50%) of the Deliverable Credits incurred by Supplier pursuant to this provision shall be counted toward the overall liability cap specified in Section 18.3(b).
Deliverable Credits. Vendor recognizes that the PBC will pay Vendor to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Vendor fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to the PBC, Vendor shall pay or credit to the PBC credits in accordance with the formula set
Deliverable Credits. Service Provider recognizes that TxDOT is paying Service Provider to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Service Provider fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to TxDOT, Service Provider shall pay or credit to TxDOT the amounts specified in Exhibits 3, 19 and/or 20, as applicable, or to the extent that TxDOT and Service Provider agree on Deliverable Credits as part of the Project approval process, on a case by case basis, in recognition of the diminished value of the Services resulting from Service Provider's failure to meet the agreed upon level of performance, and not as a penalty (the "Deliverable Credits"). If TxDOT recovers monetary damages from Service Provider as a result of Service Provider's failure to meet its obligations with respect to one (1) or more Critical Deliverables, Service Provider shall be entitled to set-off against such damages any Deliverable Credits paid for the failures giving rise to such recovery. Deliverable Credits are distinct from Service Level Credits and shall not be counted toward or subject to the overall cap on Service Provider's liability.
Deliverable Credits. Supplier recognizes that Triad is paying Supplier to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Supplier fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to Triad, Supplier shall pay or credit to Triad the amounts specified as Deliverable Credits in Schedules C, D and/or G, as applicable, or established by the Parties as part of the ERP and C&RC Implementation Services, Project or New Services approval process (“Deliverable Credits”) on a case by case basis in recognition of the diminished value of the Services resulting from Supplier’s failure to meet the agreed upon level of performance, and not as a penalty. If Triad recovers monetary damages from Supplier as a result of Supplier’s failure to meet its obligations with respect to one (1) or more Critical Deliverables, Supplier shall be entitled to set-off against such damages any Deliverable Credits paid for the failures giving rise to such recovery. [**].
Deliverable Credits. (A) Deliverable Credits apply to:
(1) Critical Deliverables as specified in this Agreement;
(2) Critical Deliverables specified in the Transformation Plan; and
(3) such other Critical Deliverables (including Project milestones set forth in Work Orders) as may be agreed to by the Parties from time to time.
(B) Deliverable Credits for certain Critical Deliverables are specified in this Agreement or its Schedules or, in the case of Projects, in the Work Order for the Project. Amounts for other Critical Deliverables required during the Term will be agreed on a case-by-case basis.
(C) A Deliverable Credit payable for a Critical Deliverable earned in a particular month will be credited by Service Provider to Xxxx on the next invoice.
(D) Deliverable Credits will not limit Dana's right to recover, in accordance with this Agreement, other damages incurred by Xxxx as a result of failure to provide Critical Deliverables that are subject to a Deliverable Credit by the time or in the manner agreed.
(E) Nothing in this Section will be deemed to limit or obviate Dana's right to terminate this Agreement under Section 25.4.
Deliverable Credits. Supplier recognizes that Hercules is paying Supplier to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Supplier fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to Hercules, Supplier shall pay or credit to Hercules the Deliverable Credits specified in
