Financial Consequences of Non-Performance. If the corrective action plan is unacceptable to the Department or Customer, or fails to remedy the performance deficiencies, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.
Financial Consequences of Non-Performance. The City may apply financial consequences if the Vendor fails to perform in accordance with the terms of the Agreement. If the Vendor fails to remedy performance deficiencies, the Vendor may be assessed a non-performance retainage equivalent to 10% or $1,000.00, whichever is less, of the total invoice amount for the task or project. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may invoice the City for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the retained funds will be forfeited.
Financial Consequences of Non-Performance. A. The City may apply financial consequences if the Vendor fails to perform in accordance with the terms of the Agreement. If the Vendor fails to remedy performance deficiencies within thirty (30) days of being provided notice of such deficiency by the City, the Vendor may be assessed a non- performance retainage equivalent to 10% or $1,000.00, whichever is less, of the total invoice amount for the task or project. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Vendor resolves the deficiency. If the deficiency is subsequently resolved, the Vendor may invoice the City for the retained amount during the next billing period. If the Vendor is unable to resolve the deficiency, the retained funds will be forfeited.
B. The Vendor shall not be charged retained funds when the non-performance is a result of delay in delivery or performance arising out causes beyond the control and without vault or negligence of the Vendor due to manufacturer delays. To substantiate a delay in manufacturer product delivery, the Vendor is required to submit written proof of delay to the City in the form of a letter or email sent from the manufacturer to the Vendor. The City agrees that no retained funds will be withheld from the Vendor after written proof of the manufacturer’s product delivery delay is provided to the City and, if necessary, regularly updated if the delay continues past any date which may be included in the written communication from the manufacturer.
Financial Consequences of Non-Performance. Pursuant to Section 287.058(1)(h), Florida Statutes, financial consequences for non-performance are required. The Contractor will be assessed a non- performance retainage equivalent to 10% of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.
Financial Consequences of Non-Performance. 8.1. Financial Consequences for Failure to Meet Service Objectives The following sections define financial penalties for non-performance related to service objectives within the Infospace Span of Control. These non-performance penalties will apply commencing on the date of commercial launch of the Services. The total financial penalties will be subject to the following Infospace revenue caps. For the purposes of the SLA, Infospace “Total Revenue” shall be calculated as follows: the sum of *** for the applicable month. For further detail regarding the non-performance penalties described below, reference SLA Penalty Calculation Model (Appendix E) below. For any month for which there is an Availability and a Latency penalty due for the same period of time, Infospace shall be required to pay only the Availability penalty and the Latency penalty shall be waived when mutually agreed that there was a common or related cause. Infospace will deduct penalties for non-performance from the subsequent month’s invoice to Cingular for the Services.
Financial Consequences of Non-Performance. The AAAPP will withhold or reduce payment if the vendor fails to perform the deliverables to the satisfaction of the AAAPP according to the requirements referenced in this agreement. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in the agreement.
Financial Consequences of Non-Performance. The AAAPP will withhold or reduce payment if the vendor fails to perform the deliverables to the satisfaction of the AAAPP according to the requirements referenced in this agreement. The following financial consequences will be imposed if the deliverables stated do not meet in part or in whole the performance criteria as outlined in the agreement.
1. Delivery of Services to Eligible Clients- Failure to comply with agreement requirements will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begin on the first business day following the AAAPP’s notification to the vendor that the identified deficiency was not cured or satisfactorily addressed in accordance with the AAAPP approved CAP
2. Services and Units of Services– Failure to provide services in accordance with the current DOEA Programs and Services Handbook, the service tasks described in the agreement and submission of required documentation will result in a two percent (2%) reduction of payment per business day. The reduction of payment will begin the first business day following the AAAPP’s notification to the vendor that the identified deficiency is not cured or satisfactorily addressed in accordance with the AAAPP approved CAP.
Financial Consequences of Non-Performance. 39.1 If the Contractor fails to meet the minimum level of service or performance identified in any contract or agreement incorporating this Master Contract by reference, or that is customary for the industry, then the AAAPP must apply financial consequences commensurate with the deficiency. Financial consequences may include, but are not limited to, contract or agreement suspension, refusing payment, withholding payments until the deficiency is cured, tendering only partial payments, and/or cancellation of any contract or agreement and reacquiring services from an alternate source.
39.2 The Contractor will not be charged with financial consequences, when a failure to perform arises out of causes that were the responsibility of the AAAPP.
Financial Consequences of Non-Performance. If the contractor fails to meet the minimum level of service or performance identified in this agreement, or that is customary for the industry, then the department must apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to contract suspension, refusing payment, withholding payments until deficiency is cured, tendering only partial payments, and/or cancellation of contract and reacquiring services from an alternate source.
37.1 The contractor shall not be charged with financial consequences, when a failure to perform arises out of causes that were the responsibility of the department.
Financial Consequences of Non-Performance. (1) If the subrecipient fails to meet the minimum level of service or performance identified in this contract, or any PSC referencing this contract, or that is customary for the industry, then the agency must apply financial consequences commensurate with the deficiency. Financial consequences may include, but are not limited to, contract suspension, refusing payment, withholding payments until the deficiency is cured, tendering only partial payments, and/or cancelation of any contract, and reacquiring services from an alternate source. The subrecipient will not be charged with financial consequences, when a failure to perform arises out of causes that were the responsibility of the agency.
(2) In addition to other damages recoverable by the agency against the subrecipient, the agency shall be entitled to recover from the subrecipient any financial consequences, withholding or reduction of payments, and fines or penalties imposed on the agency by the State of Florida Department of Elder Affairs as a result of the subrecipient’s failure to perform this contract, any HIPAA business associate agreement, any PSC referencing this contract, or performance of the services provided therein. All such amounts described in the previous sentence caused by subrecipient shall be deemed to be subrecipient‐caused Financial Damages in this section. If the DOEA or any federal agency imposes subrecipient‐caused Financial Damages on the agency, subrecipient shall pay the agency the amount of such subrecipient‐caused Financial Damages within thirty (30) days of written notice by the agency to subrecipient. The subrecipient shall not be required to indemnify the agency for the agency’s own negligence or breach of contract.
