Common use of NON-PERFORMANCE DAMAGES Clause in Contracts

NON-PERFORMANCE DAMAGES. The DISTRICT and the VENDOR agree that the DISTRICT may, in its discretion, assess non-performance damages in the event that financial remedies are needed to ensure a high-quality transportation service. It is not the DISTRICT’S intention, nor desire, to utilize this option unless it is deemed necessary. Prior to the implementation of any penalty, the DISTRICT will attempt to provide notice to the VENDOR to determine if there are any mitigating circumstances that have caused the service issue that might lead to the issuance of a penalty. Notice need not be provided for repeat occurrences.