Payments and Damages Sample Clauses

Payments and Damages a. Notwithstanding anything to the contrary, Purchasing Entities shall only pay Contractor for accepted Work received as of the date of termination. A Purchasing Entity may withhold any amount that may be due Contractor as the Purchasing Entity deems necessary until Contractor corrects its Work or to protect itself against loss including, without limitation, loss as a result of outstanding liens and costs incurred by the Purchasing Entity in procuring from third parties replacement Work as cover.
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Payments and Damages a. Notwithstanding anything to the contrary, Purchasing Entities shall only pay Contractor for accepted Work received as of the date of termination.
Payments and Damages a. Notwithstanding anything to the contrary, Purchasing Entity must provide notice of default to Contractor with a reasonable period to cure the default. If Contractor is unable to cure the default, and the Purchasing Entity must re-procure the Products, Services, or Deliverables, and the re-procurement is due to Contractor's breach, Contractor will pay reasonable re-procurement costs as Order termination damages only, and the Order is then terminated. Purchasing Entities shall only pay Contractor for accepted Products, Services and Deliverables received as of the date of termination. A Purchasing Entity may withhold payment that may be due Contractor until Contractor corrects its Work in accordance with the Contract Terms. Contractor’s liability for Order termination charges shall not exceed an amount equal to 3% of the prior 12 months payments to Contractor.
Payments and Damages a. Notwithstanding anything to the contrary, Participants shall pay Contractor for all obligations incurred by Participant up to and including the date of the termination or last charges made on cards issued to Participants hereunder, whichever is later.
Payments and Damages a. Notwithstanding anything to the contrary for any unfulfilled Order, Purchasing Entity must provide notice of default to Contractor with a reasonable period to cure the default. If Contractor is unable to cure the default, and the Purchasing Entity must re-procure the Products, Services or Deliverables, and the re-procurement is due to Contractor's breach, Contractor will pay reasonable re-procurement costs as Order termination damages only, and the Order is then terminated. Purchasing Entities shall only pay Contractor for accepted Products, Services and Deliverables received as of the date of termination. A Purchasing Entity may withhold payment that may be due Contractor until Contractor corrects its Work in accordance with the Contract terms.
Payments and Damages a. Unless otherwise stated in this Participating Addendum, Purchasing Entities shall only pay Contractor for accepted Work received as of the date of termination. A Purchasing Entity may withhold any amount that may be due Contractor as the Purchasing Entity deems necessary until Contractor corrects its Work or to protect itself against loss including, without limitation, loss as a result of outstanding liens and costs incurred by the Purchasing Entity in procuring from third parties replacement Work as cover. Prior to withholding any payments, Purchasing Entity will provide Contractor written notice describing the issue and a minimum of 30 days to address the issue before the Purchasing Entity exercises its rights under this provision. Pending resolution, the Purchasing Entity is expected to pay all undisputed amounts, including the monthly minimum charge, which is not subject to dispute at any time.

Related to Payments and Damages

  • Exclusion of Consequential and Related Damages IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  • Payment of Fees and Expenses Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as specified in this Agreement or any Related Document.

  • Direct Damages Each of the Parties shall be liable to the other for any direct damages arising out of or relating to its performance or failure to perform under this Agreement.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

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