Common use of Right of Offset Clause in Contracts

Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor’s non-conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions.

Appears in 23 contracts

Samples: Intergovernmental Agreement, Master Agreement, Services Master Price Agreement

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Right of Offset. The State shall be entitled to offset against any sums due the Contractor, Contractor in any expenses or costs incurred by Contract with the State, State or damages assessed by the State concerning because of the Contractor’s non-conforming performance or failure to perform this Contract. The right to offset may include, but is not limited to, a deduction from an unpaid balance and a collection against the Contract, including expenses, costs bid and/or performance bonds. Any offset taken for damages assessed by the State shall represent a fair and reasonable amount for the actual damages described in the Uniform Terms and Conditionsshall not be a penalty for non-performance.

Appears in 15 contracts

Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor’s non-non- conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions.

Appears in 12 contracts

Samples: Master Agreement, www.azahcccs.gov, imlive.s3.amazonaws.com

Right of Offset. The State shall be entitled to offset against any sums due the ContractorQualified Vendor, any expenses or costs incurred by the State, or damages assessed by the State concerning the ContractorQualified Vendor’s non-conforming performance or failure to perform the ContractAgreement, including expenses, costs and damages described in the Uniform Agreement Terms and Conditions.

Appears in 6 contracts

Samples: Section 6, Section 6, Section 6

Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor’s non-conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions.Conditions.‌

Appears in 1 contract

Samples: Agreement

Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor’s non-Contractor‘s non- conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions.

Appears in 1 contract

Samples: documents.tempe.gov

Right of Offset. The State shall be entitled to offset against any sums due the Contractor, Contractor in any expenses or costs incurred by Contract with the State, State or damages assessed by the State concerning because of the Contractor’s non-non- conforming performance or failure to perform this Contract. The right to offset may include, but is not limited to, a deduction from an unpaid balance and a collection against the Contract, including expenses, costs bid and/or performance bonds. Any offset taken for damages assessed by the State shall represent a fair and reasonable amount for the actual damages described in the Uniform Terms and Conditionsshall not be a penalty for non-performance.

Appears in 1 contract

Samples: Intergovernmental Agreement

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Right of Offset. The State shall be entitled to offset against any sums due the Contractor, Contractor in any expenses or costs incurred by Contract with the State, State or damages assessed by the State concerning because of the Contractor’s non-conforming performance or failure to perform this Contract. The right to offset may include, but is not limited to, a deduction from an unpaid balance and a collection against the Contract, including expenses, costs bid and/or performance bonds. Any offset taken for damages assessed by the State shall represent a fair and reasonable amount for the actual damages described in the Uniform Terms and Conditionsshall not be a penalty for non- performance.

Appears in 1 contract

Samples: Intergovernmental Agreement

Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor’s Contractor‘s non-conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions.

Appears in 1 contract

Samples: www.azahcccs.gov

Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor’s 's non-conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions.

Appears in 1 contract

Samples: imlive.s3.amazonaws.com

Right of Offset. The State shall be is entitled to offset against any sums due the Contractor, Contractor any expenses or costs incurred by the State, State incurs or damages it has assessed by the State against it concerning the Contractor’s non-conforming performance or failure to perform carry out the ContractWork, including any expenses, costs costs, and damages described in to which it is entitled by the Uniform Terms and Conditions.Contract or laws. 9Contract Termination

Appears in 1 contract

Samples: Cooperative Purchasing Agreement

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