Common use of Action by the City Clause in Contracts

Action by the City. Upon receipt of a report of a failure to pay, the City will issue notice to the contractor, and provide the contractor with an opportunity to demonstrate reasonable cause for failing to make payment within applicable period set forth in the Contract. The Chief Procurement Officer, in his or her sole judgment, shall determine whether any cause for nonpayment provided by a contractor is reasonable. In the event that the contractor fails to demonstrate reasonable cause for failure to make payment, the City shall notify the contractor that it will assess liquidated damages. Any such liquidated damages will be assessed according to the following schedule: First Unexcused Report: $50 Second Unexcused Report: $100 Third Unexcused Report: $250 Fourth Unexcused Report: $500

Action by the City. Upon receipt of a report of a failure to pay, the City will issue notice to the contractorConsultant, and provide the contractor Consultant with an opportunity to demonstrate reasonable cause for failing to make payment within applicable period set forth in the Contract. The Chief Procurement Officer, in his or her sole judgment, shall determine whether any cause for nonpayment provided by a contractor Consultant is reasonable. In the event that the contractor Consultant fails to demonstrate reasonable cause for failure to make payment, the City shall notify the contractor Consultant that it will assess liquidated damages. Any such liquidated damages will be assessed according to the following schedule: First Unexcused Report: $50 Second Unexcused Report: $100 Third Unexcused Report: $250 Fourth Unexcused Report: $500