Common use of NON-PERFORMANCE DAMAGES Clause in Contracts

NON-PERFORMANCE DAMAGES. The School District and Contractor agree that the School 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 School District’s intention, nor desire, to utilize this option unless it is deemed necessary. Prior to the implementation of any penalty, the School District will attempt to provide notice to Contractor 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.