Common use of Non-Performance Clause in Contracts

Non-Performance. In the event the contractor does not fulfill its obligations under the terms and conditions of this contract, the ordering agency may purchase equivalent product on the open market. Any difference in cost between the contract prices herein and the price of open market product shall be the responsibility of the contractor. Under no circumstances shall monies be due the contractor in the event open market products can be obtained below contract cost. Any monies charged to the contractor may be deducted from an open invoice.

Non-Performance. In the event the contractor Contractor does not fulfill its obligations under the terms and conditions of this contractParticipating Addendum, in addition to proceeding with termination of this Participating Addendum, the ordering agency may purchase equivalent product on the open market. Any difference in cost between the contract prices herein and the price of open market product shall be the responsibility of the contractorContractor. Under no circumstances shall monies be due the contractor Contractor in the event open market products can be obtained below contract costprice. Any monies charged to the contractor Contractor may be deducted from an open invoice.