Financial Consequences for Failure to Comply with Purchase Order Requirements. In addition to those remedies outlined in Section 9.0, and any other remedies provided by law, if Contractor fails to comply with the requirements of the Commerce purchase order, Contractor shall pay to Commerce financial consequences for such failures, unless Commerce in its sole and absolute discretion, waives such financial consequences for such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. A financial consequence in the amount of one (1) times the hourly rate(s) of each Contractor employee assigned to the Contract will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance with the purchase order. This amount shall be reflected as a credit on the invoice submitted to Commerce. Commerce at its sole discretion shall determine when the Contractor is failing to comply and Commerce at its sole discretion shall determine when the Contractor has remedied the failure. These consequences for non-performance are not to be considered penalties and are solely intended to compensate for damages.
Appears in 1 contract
Samples: Contract
Financial Consequences for Failure to Comply with Purchase Order Requirements. In addition to those remedies outlined in Section section 9.0, and any other remedies provided by law, if Contractor fails to comply with the requirements of the Commerce purchase orderthis Contract, Contractor shall pay to Commerce DEO financial consequences for such failures, unless Commerce DEO, in its sole and absolute discretion, waives such financial consequences for such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. A financial consequence in the amount of one (1) times the hourly rate(s) of each Contractor employee assigned to the Contract will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance with the purchase orderContract. This amount shall be reflected as a credit on the invoice submitted to CommerceDEO. Commerce DEO at its sole discretion shall determine when the Contractor is failing to comply and Commerce DEO at its sole discretion shall determine when the Contractor has remedied the failure. These consequences for non-performance are not to be considered penalties and are solely intended to compensate for damages.
Appears in 1 contract
Samples: Purchase Order
Financial Consequences for Failure to Comply with Purchase Order Requirements. In addition to those remedies outlined in Section section 9.0, and any other remedies provided by law, if Contractor fails to comply with the requirements of the Commerce purchase orderDEO Purchase Order, Contractor shall pay to Commerce DEO financial consequences for such failures, unless Commerce DEO, in its sole and absolute discretion, waives such financial consequences for such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. A financial consequence in the amount of one (1) times the hourly rate(s) of each Contractor employee assigned to the Contract Purchase Order will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance with the purchase orderPurchase Order. This amount shall be reflected as a credit on the invoice submitted to CommerceDEO. Commerce DEO at its sole discretion shall determine when the Contractor is failing to comply comply, and Commerce DEO at its sole discretion shall determine when the Contractor has remedied the failure. These consequences for non-performance are not to be considered penalties and are solely intended to compensate for damages.
Appears in 1 contract
Samples: Purchase Order Agreement
Financial Consequences for Failure to Comply with Purchase Order Requirements. In addition to those remedies outlined in Section 9.0, and any other remedies provided by law, if Contractor fails to comply with the requirements of the Commerce purchase orderDEO Purchase Order, Contractor shall pay to Commerce DEO financial consequences for such failures, unless Commerce DEO, in its sole and absolute discretion, waives such financial consequences for such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. A financial consequence in the amount of one (1) times the hourly rate(s) of each Contractor employee assigned to the Contract Purchase Order will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance with the purchase orderPurchase Order. This amount shall be reflected as a credit on the invoice submitted to CommerceDEO. Commerce DEO at its sole discretion shall determine when the Contractor is failing to comply comply, and Commerce DEO at its sole discretion shall determine when the Contractor has remedied the failure. These consequences for non-performance are not to be considered penalties and are solely intended to compensate for damages.
Appears in 1 contract
Samples: Contract
Financial Consequences for Failure to Comply with Purchase Order Requirements. In addition to those remedies outlined in Section 9.0, and any other remedies provided by law, if Contractor fails to comply with the requirements of the Commerce purchase orderDEO Purchase Order, Contractor shall pay to Commerce DEO financial consequences for such failures, unless Commerce DEO, in its sole and absolute discretion, waives such financial consequences for such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. A financial consequence in the amount of one (1) times time’s the hourly rate(s) of each Contractor employee assigned to the Contract Purchase Order will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance with the purchase orderPurchase Order. This amount shall be reflected as a credit on the invoice submitted to CommerceDEO. Commerce DEO at its sole discretion shall determine when the Contractor is failing to comply comply, and Commerce DEO at its sole discretion shall determine when the Contractor has remedied the failure. These consequences for non-performance are not to be considered penalties and are solely intended to compensate for damages.
Appears in 1 contract
Samples: Contract
Financial Consequences for Failure to Comply with Purchase Order Requirements. In addition to those remedies outlined in Section section 9.0, and any other remedies provided by law, if Contractor fails to comply with the requirements of the Commerce DEO purchase order, Contractor shall pay to Commerce DEO financial consequences for such failures, unless Commerce DEO, in its sole and absolute discretion, waives such financial consequences for such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. A financial consequence in the amount of one (1) times the hourly rate(s) of each Contractor employee assigned to the Contract purchase order will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance with the purchase order. This amount shall be reflected as a credit on the invoice submitted to CommerceDEO. Commerce DEO at its sole discretion shall determine when the Contractor is failing to comply and Commerce DEO at its sole discretion shall determine when the Contractor has remedied the failure. These consequences for non-performance non‐performance are not to be considered penalties and are solely intended to compensate for damages.
Appears in 1 contract
Samples: Purchase Order
Financial Consequences for Failure to Comply with Purchase Order Requirements. In addition to those remedies outlined in Section 9.0herein, and any other remedies provided by law, if Contractor fails to comply with the requirements of the Commerce purchase orderany DEO Purchase Order, Contractor shall pay to Commerce DEO financial consequences for such failures, unless Commerce DEO, in its sole and absolute discretion, waives such financial consequences for such failure in writing based upon its determination that the failure was due to factors beyond the control of Contractor. A financial consequence in the amount of one (1) times the hourly rate(s) of each Contractor employee assigned to the Contract Purchase Order will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance with the purchase orderPurchase Order. This amount shall be reflected as a credit on the invoice submitted to CommerceDEO. Commerce DEO at its sole discretion shall determine when the Contractor is failing to comply comply, and Commerce DEO at its sole discretion shall determine when the Contractor has remedied the failure. These consequences for non-performance are not to be considered penalties and are solely intended to compensate for damages.
Appears in 1 contract