TERMINATION, SANCTION, DAMAGES Sample Clauses

TERMINATION, SANCTION, DAMAGES. 20.1 If Contractor or any of its lower tiered sub-grantees or subcontractors performs Services under the Agreement outside of the United States, the performance of such Services shall be treated as a material breach of the Agreement. The Agency is not obligated to pay and shall not pay for such Services. If the Contractor or any of its lower tiered sub-grantees or subcontractors perform any such Services, the Contractor shall immediately return to the Agency all grant funds disbursed as payment or reimbursement for those Services or on the basis of the cost of such Services having been counted as match or cost share specifically required as a condition for disbursement of grant funds.
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TERMINATION, SANCTION, DAMAGES. If Designee or any of its subcontractors perform services under this Agreement outside of the United States or State of Ohio data is sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside the United States, the performance of such services shall be treated as a material breach of the Agreement. ODH is not obligated to pay and shall not pay for such services. If Designee or any of its subcontractors perform any such services, Designee shall immediately return to ODH all funds paid for those services. ODH may also recover from Designee all costs associated with any corrective action ODH may undertake, including but not limited to an audit or a risk analysis, as a result of the material breach.
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TERMINATION, SANCTION, DAMAGES. (a) If Contractor or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. The State is not obligated to pay and shall not pay for such services. If Contractor or any of its subcontractors perform any such services, Contractor shall immediately return to the State all funds paid for those services. The State may also recover from the Contractor all costs associated with any corrective action the State may undertake, including but not limited to an audit or a risk analysis, as a result of the Contractor performing services outside the United States.
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TERMINATION, SANCTION, DAMAGES. If the Grantee or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. The State is not obligated to pay and shall not pay for such services. If the Grantee or any of its subcontractors perform any such services, the Grantee shall immediately return to the State all funds paid for those services. The State may also recover from the Grantee all costs associated with any corrective action the State may undertake, including but not limited to an audit or a risk analysis, as a result of the Grantee performing services outside the United States. The State may, at any time after the breach, terminate the Contract, upon written notice to the Grantee. The State may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party. If the State determines that actual and direct damages are uncertain or difficult to ascertain, the State in its sole discretion may recover a payment of liquidated damages in the amount of one percent (1%) of the value of the Contract. The State, in its sole discretion, may provide written notice to Grantee of a breach and permit the Grantee to cure the breach. Such cure period shall be no longer than twenty-one (21) calendar days. During the cure period, the State may buy substitute services from a third party and recover from the Grantee any costs associated with acquiring those substitute services. Notwithstanding the State permitting a period of time to cure the breach or the Grantee’s cure of the breach, the State does not waive any of its rights and remedies provided the State in this Contract, including but not limited to recovery of funds paid for services the Grantee performed outside of the United States, costs associated with corrective action, or liquidated damages.
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TERMINATION, SANCTION, DAMAGES. The State is not obligated and shall not pay for any services provided under this Contract that the Service Provider or any of its subcontractors performed outside of the United States. If services are performed outside of the United States, this will be treated as a material breach of the Contract, and Service Provider shall immediately return to the State all funds paid for those services. In addition, if the Service Provider or any of its subcontractors perform any such services outside of the United States, the State may, at any time after the breach, terminate this Contract for such breach, upon written notice to the Service Provider. If the State terminates the Contract, the State may buy substitute services from a third party, and the State may recover the additional costs associated with acquiring the substitute services. If the Service Provider or any of its subcontractors prepares to perform services, changes or shifts the location(s) of services performed by the Service Provider or its subcontractors under this Contract to a location(s) outside of the United States, but no services are actually performed, the Service Provider has [insert number of days not to exceed 30 days] to change or shift the location(s) of services performed to location(s) within the United States. The State may recover liquidated damages in the amount of [insert the percentage] % of the value of the contract for every day past the time permitted to change or shift the location(s).
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TERMINATION, SANCTION, DAMAGES. If Consultant or any of his/her subcontractors perform services under this Agreement outside of the United States, the performance of such services shall be treated as a material breach of the Agreement. The College Foundation is not obligated to pay and shall not pay for such services. If Consultant or any of his/her subcontractors perform any such services, Consultant shall immediately return to the College Foundation all funds paid for those services. The College Foundation may also recover from the Consultant all costs associated with any corrective action the College Foundation may undertake, including but not limited to an audit or a risk analysis, as a result of the Consultant performing services outside the United States. The College Foundation may, at any time after the breach, terminate the Agreement, upon written notice to the Consultant. The College Foundation may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Agreement and costs associated with the acquisition of substitute services from a third party. If the College Foundation determines that actual and direct damages are uncertain or difficult to ascertain, the College Foundation in its sole discretion may recover a payment of liquidated damages in the amount of one hundred percent (100.00%) of the value of this Agreement. The College Foundation, in its sole discretion, may provide written notice to Consultant of a breach and permit the Consultant to cure the breach. Such cure period shall be no longer than twenty-one (21) calendar days. During the cure period, the College Foundation may buy substitute services from a third party and recover from the Consultant any costs associated with acquiring those substitute services. Notwithstanding the College Foundation permitting a period of time to cure the breach or the Consultant’s cure of the breach, the College Foundation does not waive any of its rights and remedies provided the College Foundation in this Agreement, including but not limited to recovery of funds paid for services the Consultant performed outside of the United States, costs associated with corrective action, or liquidated damages.
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TERMINATION, SANCTION, DAMAGES. ODJFS is not obligated and shall not pay for any services provided under this Agreement that GRANTEE or any of its subcontractors performed outside of the United States. If services are performed outside of the United States, this will be treated as a material breach of the Agreement, and GRANTEE shall immediately return to ODJFS all funds paid for those services. In addition, if GRANTEE or any of its subcontractors perform any such services outside of the United States, ODJFS may, at any time after the breach, terminate this Agreement for such breach, upon written notice to GRANTEE. If ODJFS terminates the Agreement, ODJFS may buy substitute services from a third party, and may recover the additional costs associated with acquiring the substitute services.
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TERMINATION, SANCTION, DAMAGES. If Contractor or any of its subcontractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. The State is not obligated to pay and shall not pay for such services. If Contractor or any of its subcontractors perform any such services, Contractor shall immediately return to the State all funds paid for those services. The State may also recover from the Contractor all costs associated with any corrective action the State may undertake, including but not limited to an audit or a risk analysis, as a result of the Contractor performing services outside the United States. The State may, at any time after the breach, terminate the Contract, upon written notice to the Contractor. The State may recover all accounting, administrative, legal and other expenses reasonably necessary for the preparation of the termination of the Contract and costs associated with the acquisition of substitute services from a third party. If the State determines that actual and direct damages are uncertain or difficult to ascertain, the State in its sole discretion may recover a payment of liquidated damages in the amount of 1% of the value of the Contract. The State, in its sole discretion, may provide written notice to Contractor of a breach and permit the Contractor to cure the breach. Such cure period shall be no longer than 21 calendar days. During the cure period, the State may buy substitute services from a third party and recover from the Contractor any costs associated with acquiring those substitute services. Notwithstanding the State permitting a period of time to cure the breach or the Contractor’s cure of the breach, the State does not waive any of its rights and remedies provided the State in this Contract, including but not limited to recovery of funds paid for services the Contractor performed outside of the United States, costs associated with corrective action, or liquidated damages.
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TERMINATION, SANCTION, DAMAGES. If Contractor or any of its sub-Contractors perform services under this Contract outside of the United States, the performance of such services shall be treated as a material breach of the Contract. ODH is not obligated to pay and shall not pay for such services. If Contractor or any of its sub-Contractors perform any such services, Contractor shall immediately return to ODH all funds paid for those services. ODH may also recover from Contractor all costs associated with any corrective action ODH may undertake, including but not limited to an audit or a risk analysis, as a result of Contractor performing services outside the United States.
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Related to TERMINATION, SANCTION, DAMAGES

  • Assignment Liability Indemnity Force Majeure Consequential Damages and Default Notwithstanding any other provision of this Agreement, the liability, indemnification and insurance provisions of the Transmission Operating Agreement (“TOA”) or other applicable operating agreements shall apply to the relationship between the System Operator and the Interconnection Transmission Owner and the liability, indemnification and insurance provisions of the Tariff apply to the relationship between the System Operator and the Interconnection Customer and between the Interconnecting Transmission Owner and the Interconnection Customer.

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Liability for other losses, damages etc Save and except as expressly provided in this Article, neither Party hereto shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Xxxxxx Procurement Manager in writing of any such damage within one (1) calendar day.

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall either Party be liable to the other Party for, and no arbitral panel is authorized to award, any punitive, special, indirect or consequential damages of any kind or character resulting from or arising out of this Agreement, including, without limitation, loss of profits or business interruptions, however they may be caused.

  • Termination of Reporting Obligation The Servicer’s obligation to deliver or cause the delivery of reports under this Section 3.5 will terminate on payment in full of the Notes.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

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