Common use of Performance Deficiency Clause in Contracts

Performance Deficiency. If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame specified by the Agency. The Contractor shall provide the Agency with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Agency, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

Performance Deficiency. If the Agency Commission determines that the performance of the Contractor is unsatisfactory, the Agency Commission may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-time frame specified by the AgencyCommission. The Contractor shall provide the Agency Commission with a corrective action plan describing how the Contractor will address all issues of contract non-performancePurchase Order non‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliancePurchase Order non‐compliance. If the corrective action plan is unacceptable to the AgencyCommission, the Contractor will be assessed a non-performance non‐performance retainage equivalent to ten (10% ) percent of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency Commission for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

Performance Deficiency. If the Agency Department determines that the performance of the Contractor is unsatisfactory, the Agency Department may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame timeframe specified by the AgencyDepartment. The Contractor shall provide the Agency Department with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliancecompliance under the Purchase Order. If the corrective action plan is unacceptable to the AgencyDepartment, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency Department for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

Performance Deficiency. If the Agency determines that the performance of the Contractor is unsatisfactory, the Agency may notify the Contractor of the deficiency to be corrected, which correction shall be made within a time-frame time‐frame specified by the Agency. The Contractor shall provide the Agency with a corrective action plan describing how the Contractor will address all issues of contract non-performancenon‐performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliancenon‐compliance. If the corrective action plan is unacceptable to the Agency, the Contractor will be assessed a non-non‐ performance retainage equivalent to 10% of the total invoice amount or as specified in the contractual documents. The retainage will be applied to the invoice for the then-current then‐current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Agency for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.