Common use of Items Not Considered as Damages Clause in Contracts

Items Not Considered as Damages. The following will not be considered damages subject to, and will not be counted toward the liability exclusion or cap specified here- in: (1) Amounts payable by or assessed against Vendor pursuant to Exhibit D (“Per- formance Management”) of this CTSA. (2) Amounts withheld by DIR in accordance with this CTSA due to incorrect charg- es or Services not provided. (3) Amounts paid by DIR but subsequently recovered from Vendor due to incorrect charges or services not provided. (4) Vendor Invoiced Rates To DIR, Prices, telecommunications fees and surcharg- es and other amounts that are due and owing to Vendor for Services under this CTSA.

Items Not Considered as Damages. The following will not be considered damages subject to, and will not be counted toward the liability exclusion or cap specified here- in: (1) Amounts payable by or assessed against Vendor pursuant to Exhibit D (“Per- ―Per- formance Management”Management‖) of this CTSA. (2) Amounts withheld by DIR in accordance with this CTSA due to incorrect charg- es or Services not provided. (3) Amounts paid by DIR but subsequently recovered from Vendor due to incorrect charges or services not provided. (4) Vendor Invoiced Rates To DIR, Prices, telecommunications fees and surcharg- es and other amounts that are due and owing to Vendor for Services under this CTSA.