Common use of Allocation of Costs and Liquidated Damages Clause in Contracts

Allocation of Costs and Liquidated Damages. Provider is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this Agreement, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates the costs to its subcontractors shall not affect Provider’s obligations in this Section. If Provider fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider may have or enter into with the Board until Provider remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that Provider’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 15 contracts

Samples: Ed Tech Services and Data Sharing Agreement, Ed Tech Services and Data Sharing Agreement, Ed Tech Services and Data Sharing Agreement

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Allocation of Costs and Liquidated Damages. Provider is obligated to cause the Background Check to be performed for all Staff who may have contact Contact with any CPS student pursuant to this Agreement, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates the costs to its subcontractors shall not affect Provider’s obligations in this Section. If Provider fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider may have or enter into with the Board until Provider remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact Contact with CPS students by Staff as a separate breach. It is understood and agreed that Provider’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 10 contracts

Samples: Ed Tech Services and Data Sharing Agreement, Ed Tech Services and Data Sharing Agreement, Ed Tech Services and Data Sharing Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this Agreement, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 7 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this the Agreement, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this the Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this the Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this the Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this the Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this the Agreement.

Appears in 7 contracts

Samples: Confidentiality Agreement, Services Agreement, Paratransit and Alternate Modes

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this AgreementStaff, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this the Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this the Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this the Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this the Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 4 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this AgreementStaff, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 4 contracts

Samples: Services Agreement, Services Agreement, Services Agreement

Allocation of Costs and Liquidated Damages. Provider is obligated to cause the Background Check to be performed for all Staff who may have contact Contact with any CPS student pursuant to this Agreement, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates the costs to its subcontractors shall not affect Provider’s 's obligations in this Section. If Provider fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider may have or enter into with the Board until Provider remedies such non-compliance to the Board’s 's reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact Contact with CPS students by Staff as a separate breach. It is understood and agreed that Provider’s 's non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 2 contracts

Samples: Ed Tech Services and Data Sharing Agreement, Ed Tech Services and Data Sharing Agreement

Allocation of Costs and Liquidated Damages. Provider is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this AgreementStaff, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates the costs to its subcontractors shall not affect Provider’s obligations in this Section. If Provider fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider may have or enter into with the Board until Provider remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that Provider’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 2 contracts

Samples: Products and Services Agreement, Services Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this the Agreement, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this the Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this the Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this the Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this the Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and This Agreement will be posted on the CPS website. agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this the Agreement.

Appears in 2 contracts

Samples: Paratransit and Alternate Modes, Paratransit and Alternate Modes

Allocation of Costs and Liquidated Damages. Provider is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this Agreement, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates the costs to its subcontractors shall not affect Provider’s obligations in this Section. If Provider fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider may have or enter into with the Board until Provider remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than This Agreement will be posted on the CPS website. payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that Provider’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 1 contract

Samples: Tech Services and Data Sharing Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this the Agreement, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this the Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this the Agreement, and any other agreement Provider may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this the Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this the Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this the Agreement.

Appears in 1 contract

Samples: Services Agreement

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Allocation of Costs and Liquidated Damages. Provider is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this Agreement, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates the costs to its subcontractors shall not affect Provider’s obligations in this Section. If Provider fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider may have or enter into with the Board until Provider remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that Provider’s non-compliance with this Section shall constitute a material breach of this Agreement. This Agreement will be posted on the CPS website.

Appears in 1 contract

Samples: Tech Services and Data Sharing Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this Agreement, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates Check shall be a Direct Cost subject to the costs to its subcontractors shall not affect Provider’s obligations limits in this Section. Exhibit B. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and THIS AGREEMENT WILL BE POSTED ON THE CPS WEBSITE agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 1 contract

Samples: Custodial Services Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this the Agreement, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this the Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this the Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this the Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this the Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-non- compliance with this Section shall constitute a material breach of this the Agreement.

Appears in 1 contract

Samples: Services Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this Agreementthe Contract, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreementthe Contract, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreementthe Contract, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement the Contract without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement the Contract or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this Agreementthe Contract.

Appears in 1 contract

Samples: Contract for Web

Allocation of Costs and Liquidated Damages. Provider is obligated to cause the Background Check to be performed for all Staff who may have contact Contact with any CPS student pursuant to this Agreement, and Provider shall be responsible for the costs of such Background Check. Whether or not Provider allocates the costs to its subcontractors shall not affect Provider’s 's obligations in this Section. If Provider fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreement, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider may have or enter into with the Board until Provider remedies such non-compliance to the Board’s 's reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact Contact with CPS students by Staff as a separate breach. It is understood and agreed that Provider’s Xxxxxxxx's non-compliance with this Section shall constitute a material breach of this Agreement.

Appears in 1 contract

Samples: Ed Tech Services and Data Sharing Agreement

Allocation of Costs and Liquidated Damages. Provider Vendor is obligated to cause the Background Check to be performed for all Staff who may have contact with any CPS student pursuant to this Agreement, and Provider Vendor shall be responsible for the costs of such Background Check. Whether or not Provider Vendor allocates the costs to its subcontractors shall not affect ProviderVendor’s obligations in this Section. If Provider Vendor fails to comply with this Section, in whole or in part, then, in addition to the Remedies set forth in this Agreementthe Contract, the Board may exercise additional remedies, including but not limited to: (i) withholding payments due under this Agreement, and any other agreement Provider Vendor may have or enter into with the Board until Provider Vendor remedies such non-compliance to the Board’s reasonable satisfaction; (ii) immediately terminating this Agreement without any further obligation by the Board of any kind (other than payment for Services previously rendered pursuant to the terms herein); (iii) seeking liquidated damages; and/or (iv) or taking any other action or remedy available under this Agreement or by law. Liquidated damages shall be calculated as $5,000.00 per breach of this Section, which, for purposes of clarity, for the aggregate calculation of liquidated damages, will include each instance of contact with CPS students by Staff as a separate breach. It is understood and agreed that ProviderVendor’s non-compliance with this Section shall constitute a material breach of this Agreement.. THIS AGREEMENT WILL BE POSTED ON THE CPS WEBSITE

Appears in 1 contract

Samples: Product and Services Agreement

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