Common use of Deliverable Credits Clause in Contracts

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. 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 Attachment 3-A Service Levels Matrix 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. 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 Attachment 3-A Service Levels Matrix 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-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.