Common use of PERFORMANCE PERIOD FAILURE Clause in Contracts

PERFORMANCE PERIOD FAILURE. In the event that the Product (including any special or optional features ordered and installed), software or programming has not achieved the Standard of Performance within thirty (30) days of the start of the test, or less as agreed upon by the Contractor and Authorized User, the Contractor fails the performance period. In such case: One half of one (0.5) percent of the purchase order value per day, up to the value of the purchase order for Product and service, shall be deducted from the monies due the Contractor for each intervening calendar day any work remains unacceptable, as a performance credit. The Contractor shall not be liable if failure to perform arises out of causes beyond its control and without the fault or negligence of the Contractor (Acts of God, the public enemy, fires, floods, strikes, freight embargoes, regulated telephone company delays, etc.); And, The Authorized User may terminate the test and require the Contractor to provide a replacement for each item of equipment or the software which failed to achieve the required Standard of Performance, at no cost to the Authorized User, and allow for a new test period. Or, Find the Contractor in default. If the Contractor is found in default, the Contractor shall remove the system/software or equipment at no cost to the Authorized User. Allowance may be made only for delays that are beyond the control of the Contractor.