Common use of NON-RESPONSIVENESS Clause in Contracts

NON-RESPONSIVENESS. In the event the Client does not respond to the Agency after three (3) written attempts, is not placed by the Agency within 60 days of signing of this Agreement, and the Agency has provided at least three (3) Family Care Providers who, in the sole and absolute discretion of the Agency, are reasonably suited to perform the duties set forth in the Client’s job description (a “Viable Family Care Provider”), in order to continue to receive the Agency’s Services the Client will be charged a $1,000.00 non-refundable deposit (“Deposit”) to continue the Service. The Deposit will be applied towards the final balance due upon hiring of a Viable Family Care Provider; however, if the Client alters the Family Care Provider's job description from that which the Client expressed in its family application and such alteration causes a new search, the Deposit will not be applied towards the balance due and is non-refundable.