Common use of Damages and Withholding Clause in Contracts

Damages and Withholding. Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover.

Appears in 19 contracts

Sources: Subaward Agreement, Subaward Agreement, Subaward Agreement

Damages and Withholding. Notwithstanding any other remedial action by the StateSTATE, Subrecipient SUBRECIPIENT shall remain liable to the State STATE for any damages sustained by the State STATE in connection with any breach by SubrecipientSUBRECIPIENT, and the State STATE may withhold payment to Subrecipient SUBRECIPIENT for the purpose of mitigating the StateSTATE’s damages until such time as the exact amount of damages due to the State STATE from Subrecipient SUBRECIPIENT is determined. The State STATE may withhold any amount that may be due Subrecipient SUBRECIPIENT as the State STATE deems necessary to protect the State STATE against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State STATE in procuring from third parties replacement Work as cover.

Appears in 2 contracts

Sources: Subrecipient Agreement, Subrecipient Agreement

Damages and Withholding. Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover.

Appears in 1 contract

Sources: Subaward Agreement

Damages and Withholding. Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose of mitigating the State’s 's damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover.

Appears in 1 contract

Sources: Subaward Agreement