Common use of Non-Performance Clause in Contracts

Non-Performance. In the event the vendor does not fulfill its obligations under the terms and conditions of this agreement, the ordering agency may purchase equivalent product on the open market. Any difference in cost between the agreement prices herein and the price of open market product shall be the responsibility of the vendor. Any such purchase will be approved by Government Support Services Director and notification to the State Use Commission AND/OR Commission for the Purchase of Goods and Services of the Blind and Other Severely Handicapped Individuals. Under no circumstances shall monies be due the vendor in the event open market products can be obtained below agreement cost. Any monies charged to the vendor may be deducted from an open invoice.

Non-Performance. In the event the vendor does not fulfill its obligations under the terms and conditions of this agreement, the ordering agency may purchase equivalent product on the open market. Any difference in cost between the agreement prices herein and the price of open market product shall be the responsibility of the vendor. Any such purchase will be approved by Government Support Services Director and notification to the State Use Commission AND/OR and Commission for the Purchase of Goods and Services of the Blind and Other Severely Handicapped Individuals. Under no circumstances shall monies be due the vendor in the event open market products can be obtained below agreement cost. Any monies charged to the vendor may be deducted from an open invoice.