Common use of Deliverable Credits Clause in Contracts

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. 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, 19 and/or 20, 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. Service Provider Supplier recognizes that DIR ABM is paying Service Provider Supplier to provide certain Critical Deliverables as listed in Attachment G.2 to Schedule G by the time and in the manner agreed by the Parties. If Service Provider Supplier fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to DIRABM, Service Provider Supplier shall pay or credit to DIR ABM the amounts Deliverable Credits specified in Exhibits 3, as applicable, Attachment G.2 to Schedule G or established by DIR the Parties 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 Supplier’s failure to meet the agreed upon level of performance, and performance (not as a penalty (the "Deliverable Credits"penalty). If DIR ABM recovers monetary damages from Service Provider Supplier as a result of Service Provider's Supplier’s failure to meet its obligations with respect to one (1) or more Critical Deliverables, Service Provider Supplier shall be entitled to set-off against such damages any Deliverable Credits paid for the failures failure(s) giving rise to such recovery. Deliverable Credits are distinct from Service Level Credits and shall not be counted toward or and are not subject to the overall cap on Supplier’s liability and are in addition to Service Provider's liabilityLevel Credits.

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, 19 and/or 20, 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. Service Provider Supplier recognizes that DIR ABM is paying Service Provider Supplier to provide certain Critical Deliverables by the time and in the manner agreed by the Parties. If Service Provider Supplier fails to meet its obligations with respect to such Critical Deliverables, then, in addition to other remedies available to DIRABM, Service Provider Supplier shall pay or credit to DIR ABM the amounts Deliverable Credits specified in Exhibits 3, as applicable, Attachment G.7 to Schedule G and/or Schedule H or established by DIR the Parties 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 Supplier’s failure to meet the agreed upon level of performance, and performance (not as a penalty (the "Deliverable Credits"penalty). If DIR ABM recovers monetary damages from Service Provider Supplier as a result of Service Provider's Supplier’s failure to meet its obligations with respect to one (1) or more Critical Deliverables, Service Provider Supplier shall be entitled to set-off against such damages any Deliverable Credits paid for the failures failure(s) giving rise to such recovery. Deliverable Credits are distinct from Service Level Credits and shall not be counted toward or and are not subject to the overall cap on Supplier’s liability and are in addition to Service Provider's liabilityLevel Credits.