Common use of Limitation of the State’s Payment Obligations Clause in Contracts

Limitation of the State’s Payment Obligations. In the event of termination of this Agreement for any reason by either party (except for termination by the Department pursuant to Section 10.1), the Department shall pay only those amounts, if any, due and owing to Contractor for Deliverables for which Acceptance has been provided by the Department up to and including the date of termination of this Agreement and for which the Department is obligated to pay pursuant to this Agreement; provided however, that in the event the Department terminates this Agreement pursuant to Section 10.3, the Department’s obligation to pay Contractor such amounts and other compensation shall be limited by, and subject to, legally available funds. Payment will be made only upon submission of invoices and proper proof of Contractor’s claim. Notwithstanding the foregoing, this Section 10.4 in no way limits the rights or remedies available to the Department and shall not be construed to require the Department to pay any compensation or other amounts hereunder in the event of Contractor’s breach of this Agreement or any amounts withheld by the Department in accordance with the terms of this Agreement. The Department shall not be liable, under any circumstances, for any of the following:

Appears in 2 contracts

Samples: Proposed Services Contract #Xxxxxxxxx, Proposed Services Contract

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Limitation of the State’s Payment Obligations. In the event of termination of this Agreement Contract for any reason by either party (except for termination by the Department pursuant to Section 10.18.1), the Department shall pay only those amounts, if any, due and owing to Contractor hereunder for Deliverables for which Acceptance has been deliverables actually and satisfactorily provided by in accordance with the Department provisions of this Contract up to and including the date of termination of this Agreement Contract and for which the Department is obligated to pay pursuant to this AgreementContract; provided however, that in the event the Department terminates this Agreement Contract pursuant to Section 10.38.5, the Department’s obligation to pay Contractor such amounts and other compensation shall be limited by, and subject to, legally available funds. Payment will be made only upon submission of invoices and proper proof of Contractor’s claim. Notwithstanding the foregoing, this Section 10.4 8.6 in no way limits the rights or remedies available to the Department and shall not be construed to require the Department to pay any compensation or other amounts hereunder in the event of Contractor’s breach of this Agreement Contract or any amounts withheld by the Department in accordance with the terms of this AgreementContract. The Department shall not be liable, under any circumstances, for any of the following:

Appears in 2 contracts

Samples: dhs.iowa.gov, hhs.iowa.gov

Limitation of the State’s Payment Obligations. In the event of termination of this Agreement for any reason by either party (except for termination by the Department pursuant to Section 10.1), the Department shall pay only those amounts, if any, due and owing to Contractor Vendor for Deliverables for which Acceptance has been provided by the Department up to and including the date of termination of this Agreement and for which the Department is obligated to pay pursuant to this Agreement; provided however, that in the event the Department terminates this Agreement pursuant to Section 10.3, the Department’s obligation to pay Contractor Vendor such amounts and other compensation shall be limited by, and subject to, legally available funds. Payment will be made only upon submission of invoices and proper proof of ContractorVendor’s claim. Notwithstanding the foregoing, this Section 10.4 in no way limits the rights or remedies available to the Department and shall not be construed to require the Department to pay any compensation or other amounts hereunder in the event of ContractorVendor’s breach of this Agreement or any amounts withheld by the Department in accordance with the terms of this Agreement. The Department shall not be liable, under any circumstances, for any of the following:

Appears in 1 contract

Samples: Services Contract

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Limitation of the State’s Payment Obligations. In the event of termination of this Agreement Contract for any reason by either party (except for termination by the Department pursuant to Section 10.12.2(5)(a), the Department shall pay only those amounts, if any, due and owing to Contractor hereunder for Deliverables for which Acceptance has been actually and satisfactorily provided by in accordance with the Department provisions of this Contract up to and including the date of termination of this Agreement Contract and for which the Department is obligated to pay pursuant to this AgreementContract; provided however, that in the event the Department terminates this Agreement Contract pursuant to Section 10.32.2(5)(c), the Department’s obligation to pay Contractor such amounts and other compensation shall be limited by, and subject to, legally available funds. Payment will be made only upon submission of invoices and proper proof of Contractor’s claim. Notwithstanding the foregoing, this Section 10.4 2.2(5)(d) in no way limits the rights or remedies available to the Department and shall not be construed to require the Department to pay any compensation or other amounts hereunder in the event of Contractor’s breach of this Agreement Contract or any amounts withheld by the Department in accordance with the terms of this AgreementContract. The Department shall not be liable, under any circumstances, for any of the following:

Appears in 1 contract

Samples: Underlying Agreement

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