Common use of PARTIAL DEFAULT Clause in Contracts

PARTIAL DEFAULT. In the event of a Breach, the University may declare a Partial Default. In which case, the University shall provide the Contractor written notice of: (1) the date which Contractor shall terminate providing the service associated with the Breach; and (2) the date the University will begin to provide the service associated with the Breach. Notwithstanding the foregoing, the University may revise the time periods contained in the notice written to the Contractor. (1) amounts which would be paid the Contractor to provide the defaulted service; or (2) the cost to the University of providing the defaulted service, whether said service is provided by the University or a third party. To determine the amount the Contractor is being paid for any particular service, the University shall be entitled to receive within five (5) days any requested material from Contractor. The University shall make the final and binding determination of the amount. The University may assess Liquidated Damages against the Contractor for any failure to perform. Upon Partial Default, the Contractor shall have no right to recover from the University any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount. Contractor agrees to cooperate fully with the University in the event a Partial Default is declared.

PARTIAL DEFAULT. In the event of a Breach, the University Institution may declare a Partial Default. In which case, the University Institution shall provide the Contractor written notice of: (1) the date which Contractor shall terminate providing the service associated with the Breach; and (2) the date the University Institution will begin to provide the service associated with the Breach. Notwithstanding the foregoing, the University Institution may revise the time periods contained in the notice written to the Contractor. (1) amounts which would be paid the Contractor to provide the defaulted service; or (2) the cost to the University Institution of providing the defaulted service, whether said service is provided by the University Institution or a third party. To determine the amount the Contractor is being paid for any particular service, the University Institution shall be entitled to receive within five (5) days of any requested request, pertinent material from Contractor. The University Institution shall make the final and binding determination of the amount. The University Institution may assess Liquidated Damages against the Contractor for any failure to perform. Upon Partial Default, the Contractor shall have no right to recover from the University Institution any actual, general, special, incidental, consequential, or any other damages whatsoever of any description or amount. Contractor agrees to cooperate fully with the University Institution in the event a Partial Default is declared.