Common use of Financial Consequences for Failure to Comply with Purchase Order Requirements Clause in Contracts

Financial Consequences for Failure to Comply with Purchase Order Requirements. If Contractor fails to comply with the requirements of the Customer’s purchase order, Contractor shall pay to the Customer financial consequences for such failures, unless the Customer waives 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 purchase order will be assessed against Contractor for each submittal of an invoice during the period that the Contractor is out of compliance of the purchase order. This amount shall be reflected as a credit on the invoice submitted to the Customer. The Customer at its sole discretion shall determine when the Contractor is failing to comply and the Customer 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.