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 this contract may result in the assessment of remedies and/or termination of the contract, in whole or in part, in accordance with this Article. 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 Liquidated Damages in writing against the MCO. In the event of non- performance the Department will assess Liquidated Damages against the MCO regardless of whether the non- performance is the fault of the MCO (including the MCO's subcontractors, agents and/or consultants), provided the Department has not materially caused or contributed to the non-performance. 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 Exhibit H of this contract. Any Liquidated Damages assessed by the Department will be due and payable within thirty
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.
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.
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.
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.
