Financial Consequences for Non-Performance Sample Clauses

Financial Consequences for Non-Performance. The State reserves the right to withhold payment or implement other appropriate remedies when the Contractor has failed to perform/comply with provisions of this Contract. These consequences for non-performance shall not be considered penalties.
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Financial Consequences for Non-Performance. If the Department determines that Contractor failed in any quarter to meet requirements of the Required Service Levels found in section 37, Statement of Work, Exhibit 6, for two or more standards, the Department has the right to assess Contractor a fee in accordance with the Required Service Levels table in Exhibit 6. The financial consequences detailed in Exhibit 6, which are based on non-performance of Contractor, represent maximum annual financial consequences of $20,000. These consequences for non-performance shall not be considered penalties.
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Financial Consequences for Non-Performance. Financial consequences shall apply for non-performance of the contract by a Contractor. The State shall apply financial consequences identified below to Purchase Orders or Contracts issued by DEO. In addition: In the event that a deliverable is deemed unsatisfactory by the DEO, the Contractor shall re- perform the deliverable as needed for submittal of a satisfactory deliverable, at no additional cost to DEO, within the timeframe established by DEO. Continued Contractor inability to perform under the conditions of the contract, may result in default proceedings. Failure to respond to a DEO request to correct a deficiency in the performance of the Contract may result in termination of the Contract.
Sample 1
Financial Consequences for Non-Performance. Financial consequences shall apply for non-performance of the Contract by Contractor. The State shall apply financial consequences identified below and in section 1.2 to Purchase Orders or Contracts issued by DEO. In addition: In the event that a deliverable is deemed unsatisfactory by DEO, Contractor shall re-perform the deliverable as needed for submittal of a satisfactory deliverable, at no additional cost to DEO, within the timeframe established by DEO. Contractor’s continued inability to perform under the conditions of the Contract, via the established Complaint to Vendor process, per Rule 60A-1.006 Florida Administrative Code (PUR 7017 form), may result in default proceedings. Failure to respond to a DEO request to correct a deficiency in the performance of the Contract may result in termination of the Contract.
Sample 1
Financial Consequences for Non-Performance. Financial consequences shall apply for non-performance of the Contract by a Contractor. The State shall apply financial consequences identified in section 8.1 to Purchase Orders or Contracts issued by FloridaCommerce. In addition: In the event that a deliverable is deemed unsatisfactory by the FloridaCommerce, the Contractor shall reperform the deliverable as needed for submittal of a satisfactory deliverable, at no additional cost to FloridaCommerce, within the timeframe established by FloridaCommerce. Failure to respond to a FloridaCommerce request to correct a deficiency in the performance of the Contract may result in termination of the Contract.
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Financial Consequences for Non-Performance. Financial consequences shall apply for non-performance of the Contract by the Contractor. DEO shall apply financial consequences identified below, in addition to the financial consequences provided in Section 1.2, as applicable, to Purchase Orders or Contracts issued by DEO. In addition: In the event that a deliverable is deemed unsatisfactory by DEO, the Contractor shall re-perform the deliverable as needed for submittal of a satisfactory deliverable at no additional cost to DEO within the timeframe established by DEO. Contractor’s continued inability to perform under the conditions of the Contract may result in default proceedings. Failure to respond to a DEO request to correct a deficiency in the performance of the Contract may result in termination of the Contract. DocuSign Envelope ID: 5B347EDE-11C9-4678-B51E-6137BF2B8951
Sample 1
Financial Consequences for Non-Performance. In accordance with paragraph 287.058(1)(h), Florida Statutes, the Department will apply financial consequences if the Contractor fails to perform in accordance with the Contract. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, if the Contractor fails to perform or comply with provisions of this Contract. Financial consequences for non-performance shall not be considered penalties. The parties recognize that the Contractor’s timely and proper completion of tasks required under the Contract is of paramount importance to the Department, that the parties wish to avoid protracted litigation and that the amount of the Department’s damages due to delays in performance of the Contract is difficult to ascertain. Therefore, if the Contractor fails to satisfy contractual requirements as a result of factors directly within the Contractor’s control, the Contractor shall pay the Department, as financial consequences, the amount specified below. If the Contractor fails to ensure that insurance coverage is in place at Policy Inception, the Department will assess the Contractor financial consequences in the amount of $25,000.00 per calendar day until insurance coverage is provided by Contractor that is acceptable to the Department and the Insured. The amount specified in this section is not a penalty and is fair and reasonable to compensate the Insured for the Contractor’s delays or non-performance. These financial consequences do not prevent the Department or the Insured from seeking contract damages for breaches for which financial consequences are not specified. For amounts due the Department or the Insured as financial consequences, the Department or Insured may bill the Contractor.
Sample 1
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Financial Consequences for Non-Performance. Financial consequences shall apply for non‐performance of the Contract by a Contractor. The State shall apply financial consequences identified below to Purchase Orders or Contracts issued by DEO. In addition: In the event that a deliverable is deemed unsatisfactory by the DEO, the Contractor shall re‐perform the deliverable as needed for submittal of a satisfactory deliverable, at no additional cost to DEO, within the timeframe established by DEO. Continued Contractor inability to perform under the conditions of the Contract, may result in default proceedings. Failure to respond to a DEO request to correct a deficiency in the performance of the Contract may result in termination of the Contract.
Sample 1
Financial Consequences for Non-Performance. In accordance with paragraph 287.058(1) (h), Florida Statutes, the Department will apply financial consequences if the Broker of Record fails to perform in accordance with the Contract. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, if the Broker of Record fails to perform or comply with provisions of this Contract. Financial consequences for non-performance shall not be considered penalties. The Parties recognize that the Broker of Record’s timely and proper completion of tasks required under the Contract is of paramount importance to the Department, that the Parties wish to avoid protracted litigation and that the amount of the Department’s damages due to delays in performance of the Contract is difficult to ascertain. Therefore, if the Broker of Record fails to satisfy contractual requirements as a result of factors directly within the Broker of Record’s control, the Broker of Record shall pay the Department, as financial consequences, the amounts specified in Exhibit D. The amounts specified in this section are not penalties and are fair and reasonable to compensate the FDOT for the Broker of Record’s delays or non-performance. These financial consequences do not prevent the Department or the FDOT from seeking contract damages for breaches for which financial consequences are not specified. For amounts due the Department or the FDOT as financial consequences, the Department or FDOT may bill the Broker of Record.
Sample 1

Related to Financial Consequences for Non-Performance

  • Consequences for Non-Compliance If the Department has reason to believe that the District is not in substantial compliance with one or more of the statutory or regulatory requirements applicable to the District, the Department shall notify the District that it has ninety (90) days after the date of notice to come into compliance. If, at the end of the ninety-day period, the Department finds the District is not substantially in compliance with the applicable statutory or regulatory requirements, meaning that the District has not yet taken the necessary measures to ensure that it meets the applicable legal requirements as soon as practicable, the District may be subject to the interventions specified in sections 00-00-000 through 00-00-000, C.R.S. If the District has failed to comply with the provisions of article 44 of title 22 or article 45 of title 22, the District does not remedy the noncompliance within ninety (90) days and loss of accreditation is required to protect the interests of the students and parents of students enrolled in the District public schools, the Department may recommend to the State Board that the State Board remove the District’s accreditation. If the Department determines that the District has substantially failed to meet requirements specified in this accreditation contract and that immediate action is required to protect the interests of the students and parents of students enrolled in the District’s public schools, the Department may lower the District’s accreditation category.

  • Financial Consequences The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received by the Contract Manager Contractor will timely submit completed MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 per Calendar Day late/not received by the Contract Manager

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at xxxx://xxx.xxxxx.xxx/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • Excuse for Nonperformance or Delayed Performance Except with respect to defaults of subcontractors, Contractor/Vendor shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure by Contractor/Vendor to make progress in the prosecution of the work hereunder which endangers such performance) if Contractor/Vendor has notified the Commission or designee within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Contractor/Vendor shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Contractor to meet the contract requirements. Upon request of Contractor, the Commission or designee shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Contractor’s progress and performance would have met the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the State under the clause entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts, “Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means subcontractor at any tier).

  • Financial Condition of Company Any Credit Extension may be made to Company or continued from time to time, and any Hedge Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Company at the time of any such grant or continuation or at the time such Hedge Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Credit Documents and the Hedge Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company now known or hereafter known by any Beneficiary.

  • Conditions to Obligation of Each Party to Effect the Merger The respective obligations of each party to this Agreement to effect the Merger shall be subject to the fulfillment at or prior to the Effective Time of each of the following conditions:

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder.

  • Prevention or Delay of Performance by the Company or the Depositary Neither the Depositary nor the Company nor any of their respective directors, employees, agents or affiliates shall incur any liability to any Owner or Holder: (i) if by reason of (A) any provision of any present or future law or regulation or other act of the government of the United States, any State of the United States or any other state or jurisdiction, or of any governmental or regulatory authority or stock exchange; (B) (in the case of the Depositary only) any provision, present or future, of the articles of association or similar document of the Company, or any provision of any securities issued or distributed by the Company, or any offering or distribution thereof; or (C) any event or circumstance, whether natural or caused by a person or persons, that is beyond the ability of the Depositary or the Company, as the case may be, to prevent or counteract by reasonable care or effort (including, but not limited to, earthquakes, floods, severe storms, fires, explosions, war, terrorism, civil unrest, labor disputes, criminal acts or outbreaks of infectious disease; interruptions or malfunctions of utility services, Internet or other communications lines or systems; unauthorized access to or attacks on computer systems or websites; or other failures or malfunctions of computer hardware or software or other systems or equipment), the Depositary or the Company is, directly or indirectly, prevented from, forbidden to or delayed in, or could be subject to any civil or criminal penalty on account of doing or performing and therefore does not do or perform, any act or thing that, by the terms of this Deposit Agreement or the Deposited Securities, it is provided shall be done or performed; (ii) for any exercise of, or failure to exercise, any discretion provided for in this Deposit Agreement (including any determination by the Depositary to take, or not take, any action that this Deposit Agreement provides the Depositary may take); (iii) for the inability of any Owner or Holder to benefit from any distribution, offering, right or other benefit that is made available to holders of Deposited Securities but is not, under the terms of this Deposit Agreement, made available to Owners or Holders; or (iv) for any special, consequential or punitive damages for any breach of the terms of this Deposit Agreement. Where, by the terms of a distribution to which Section 4.1, 4.2 or 4.3 applies, or an offering to which Section 4.4 applies, or for any other reason, that distribution or offering may not be made available to Owners, and the Depositary may not dispose of that distribution or offering on behalf of Owners and make the net proceeds available to Owners, then the Depositary shall not make that distribution or offering available to Owners, and shall allow any rights, if applicable, to lapse.

  • Remedies for Non-Compliance The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 C.F.R. part 655, the Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

  • Consequences of non-compliance If a beneficiary breaches any of its obligations under this Article, the grant may be reduced (see Article 43). Such breaches may also lead to any of the other measures described in Chapter 6.

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