Availability and Assessment Clause Samples

Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor’s failure to comply with any of the terms of the Contract.

Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from Contractor’s failure to comply with any of the terms of the Contract. In some cases, the actual damage to HHSC as a result of Contractor’s failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages:

Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from ▇▇▇▇▇▇▇'s failure to comply with any of the terms of the Contract. In some cases, the actual damage to HHSC as a result of ▇▇▇▇▇▇▇'s failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Grantee for failure to meet any aspect of the Work or responsibilities of the Grantee. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Grantee; or (b) By deducting the amounts assessed as liquidated damages against payments owed to Grantee for Work performed. In its sole discretion, HHSC may deduct amounts assessed as liquidated damages as a single lump sum payment or as multiple payments until the full amount payable by the Grantee is received by the HHSC.

Availability and Assessment. HHSC will be entitled to actual, direct, indirect, incidental, special, and consequential damages resulting from failure to comply with any of the terms of the Contract. In some cases, the actual damage to HHSC as a result of failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Contractor; or (b) By deducting the amounts assessed as liquidated damages against payments owed to Contractor for Work performed. In its sole discretion, HHSC may deduct amounts assessed as liquidated damages as a single lump sum payment or as multiple payments until the full amount payable by the Contractor is received by the HHSC.

Availability and Assessment. To the extent permitted by the Constitution and the laws of the state of Texas, Contractor, its subcontractors and their respective personnel shall, in each Operational Year, not be liable to HHSC for any claims, liabilities or associated expenses related to this Contract (“Claims:) in an aggregate amount in excess of the sum of the Annual Fixed Fees (as the Annual Fixed Fees may be reduced or increased by Amendment in any Operational Year) paid or to be paid by HHSC to CONTRACTOR during that Operational Year. Within each Operational Year, the Annual Fixes Fees “to be paid” for the liability limit applicable in the case of a specific event shall be determined by reference to the agreed sum of the Annual Fixed Fees applicable on the day the event occurs. In the event of a disclosure by Contractor of Confidential Information in breach of the DUA giving rise to Claims, such limitation of liability shall be increased to instead be one and one half times (1.5x) the sum of the Annual Fixed Fees (as the Annual Fixed Fees may be reduced or increased by Amendment in any Operational Year) paid or to be paid by HHSC to CONTRACTOR during that Operational Year. The limitation herein shall not apply to Claims resulting from Contractor's or its subcontractors' recklessness, bad faith or intentional misconduct. In no event shall either party, its subcontractors, or their respective personnel be liable for any loss of goodwill, revenues or profits (whether or not deemed to constitute a direct Claim), or any consequential, special, indirect, incidental, punitive or exemplary loss, damage, or expense, relating to this contract. This provision shall apply to the fullest extent of the law, whether in contract, statute, tort (such as negligence) or otherwise, notwithstanding the failure of the essential purpose of any remedy. In some cases, the actual damage to HHSC as a result of Contractor’s failure to meet the responsibilities or performance standards of the Contract are difficult or impossible to determine with precise accuracy. Therefore, if provided in the Contract, liquidated damages may be assessed against Contractor for failure to meet any aspect of the Work or responsibilities of the Contractor. HHSC may elect to collect liquidated damages: (a) Through direct assessment and demand for payment to Contractor; or (b) By deducting the amounts assessed as liquidated damages against payments owed to Contractor for Work performed. In its sole discretion, HHSC may deduct amou...