Common use of Actual Damages Clause in Contracts

Actual Damages. Contractor is liable to TPS for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, TPS may substitute the services and/or material from a third party. TPS may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.