Failure to Meet Contract Requirements Sample Clauses

Failure to Meet Contract Requirements. The MCO must comply with all requirements and performance standards set forth in this Contract. The MCO agrees that failure to comply with all provisions of the Contract may result in the assessment of remedies and/or termination of the Contract, in whole or in part, in accordance with this Article. The MCO agrees and understands that the Department may pursue contractual remedies for non-performance under the Contract. At any time and at its discretion, the Department may impose or pursue one or more remedies for each item of non-performance and will determine remedies on a case-by-case basis. The Department is entitled to monetary damages in the form of actual, consequential, direct, indirect, special, and/or Liquidated Damages resulting from the MCO’s non-performance under this Contract. In some cases, the actual damage to the Department as a result of the MCO’s failure to meet any aspect of the responsibilities of the Contract and/or to meet specific performance standards set forth in the Contract will be difficult or impossible to determine with precise accuracy. Therefore, in the event of non-performance under this Contract, the Department will impose, in writing, Liquidated Damages against the MCO. The Department will assess Liquidated Damages regardless of whether the non-performance is the fault of the MCO or the MCO's Subcontractors, agents and/or consultants, provided the Department has not materially caused or contributed to the non-performance. The Department will provide 15 days’ notice of its intent to assess Liquidated Damages against the MCO. The MCO will have 10 days from receipt of the Letter of Intent to assess Liquidated Damages to appeal the sanction. The Liquidated Damages prescribed in this Contract are not intended to be in the nature of a penalty, but are intended to be reasonable estimates of the Department’s projected financial loss and damage resulting from the MCO’s non-performance. Accordingly, in the event the MCO fails to perform in accordance with the Contract, the Department may assess Liquidated Damages as provided in this Section and in Appendix F of this Contract. Monetary penalties imposed under this Contract will not exceed the amounts established under 42 CFR §438.704. Any Liquidated Damages assessed by the Department will be due and payable within thirty (30) calendar days after the MCO’s receipt of the notice of damages, regardless of any dispute in the amount or interpretation which led to the notice, or an appea...
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Failure to Meet Contract Requirements. The MCO must comply with all requirements and performance standards set forth in this Contract. The MCO agrees that failure to comply with all provisions of the Contract may result in the assessment of remedies and/or termination of the Contract, in whole or in part, in accordance with this Article. The MCO agrees and understands that BMS may pursue contractual remedies for non-performance under the Contract. At any time and at its discretion, BMS may impose or pursue one (1) or more remedies for each item of non-performance and will determine remedies on a case-by-case basis. BMS is entitled to monetary damages in the form of actual, consequential, direct, indirect, special, and/or Liquidated Damages resulting from the MCO’s non-performance under this Contract. In some cases, the actual damage to BMS as a result of the MCO’s failure to meet any aspect of the responsibilities of the Contract and/or to meet specific performance standards set forth in the Contract will be difficult or impossible to determine with precise accuracy.
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Failure to Meet Contract Requirements. ‌ The DB Contractor understands and agrees that if the DB Contractor fails to complete the Work in accordance with the Contract Documents, the District will suffer substantial losses and damages. The DB Contractor agrees that it shall be liable for all such losses and damages. The DB Contractor acknowledges and agrees that because of the unique nature of the Project, the fact that it is an essential part of the St Elizabeths East Campus Project, and the fact that inconvenience to the local and regional traffic, especially commuters entering or leaving Washington, DC, will be one of the significant impacts of any completion delay, it is impracticable and extremely difficult to ascertain and calculate the actual damages which would accrue to the District and the public in the event of the DB Contractor’s failure to achieve Substantial Completion and Final Completion by the applicable Project Completion Dates.
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Failure to Meet Contract Requirements. ADRCs which fail to meet the provisions of this contract shall be subject to a sequential process that may include development of a plan of correction, fiscal or non-fiscal enforcement measures, or contract termination, as determined by the Department.
Sample 1
Failure to Meet Contract Requirements. When the Contractor fails to meet the requirements of the Contract, the product or service may be brought from any source by City, and if a greater price than that named in the Contract is paid by City, the excess price will be charged to and collected from the Contractor.
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Related to Failure to Meet Contract Requirements

  • CONTRACT REQUIREMENTS A. Project area boundaries are marked with two blue paint slashes and block boundaries are designated with one blue paint slash. B. All blocks are accessible by foot only. Xxxxxx’x Creek must be crossed on foot from the PGC railroad grade. C. Block 1, All trees 1” DBH and over, except for red and blue paint marked trees are to be cut. All conifers are reserved. Block 1 will be cut during the dormant season; October 15 through March 15. D. Block 2, All American beech, sweet birch, aspen, stripped maple, and ironwood 1” DBH and greater will be cut. All yellow marked trees will be cut. Block 2 will be cut during the dormant season; October 15 through March 15. E. Block 3, All trees 1” DBH and over, except for red and blue paint marked trees are to be cut. All conifers are reserved. Block 3 will be cut during the dormant season; October 15 through March 15. F. All employees must be able to identify species. G. Usable material may not be removed from site. X. Xxxxx material felled with clean cuts must have stumps that are parallel to the ground surface and shall not exceed six (6) inches in height measured on the side next to the highest ground or the diameter of the xxxxx, whichever is smaller, except when in the opinion of the Field Contract Coordinator, said height is impractical. I. Cut trees must be removed from trails, roads, tail drains, streams, and utility rights-of- way. J. All trees shall be felled so tops do not pile on one another but lie singly on the ground. K. Slash shall be lopped to no higher than 4’ and pulled apart as directed by the Regional Forester. L. Operator shall exercise care and caution in all operations to prevent damage to all trees not specified for treatment. M. All tops must be pulled back 25 feet from the State Game Land boundary, (blazed & painted white), all roads, parking lots, herbaceous openings, utility Right of Ways and deer exclosures. Tops, branches, and slash will be removed from all ponds, lakes, and streams. N. Damage to trails, roads, streams, or utility rights-of-way caused by the Operator’s equipment must be repaired by the Operator at their expense. O. Any trash resulting from the Operator’s operations must be removed from the area and properly disposed. P. The Operator shall not block any roads or trails in the area during performance of this contract. The Operator shall not in any way hinder the progress of any Timber Sale Contracts in these areas. Q. All labor, equipment, tools, etc., needed to complete contracted projects are to be provided by the Operator. R. Timber Damages – when in the opinion of Field Contract Coordinator, damage to the residual stand becomes excessive, the Operator shall pay the Commission a fair base current value determined by the Field Contract Coordinator per unit of volume. If this value for damage due to Operator’s carelessness or negligence is less than $10.00 per tree, then a minimum charge of $10.00 per tree will be made whether the tree is commercial, non-commercial, merchantable, or non-merchantable.

  • Export Requirements The Program, Documentation and all related technical information or materials are subject to export controls and U.S. Government export regulations. You will comply strictly with all legal requirements established under these controls and will not, in connection with its limited evaluation rights hereunder, export, re-export, divert, transfer or disclose, directly or indirectly the Program, Documentation and any related technical information or materials without the prior approval of the U.S.

  • Compliance with Xxxxxxxx Act requirements The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

  • System Requirements Apple Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by Apple.

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