Common use of Damages and Withholding Clause in Contracts

Damages and Withholding. Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor, and the State may withhold payment to Contractor for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor 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: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement

Damages and Withholding. Notwithstanding any other remedial action by the State, Contractor Provider shall remain liable to the State for any damages sustained by the State in connection with any breach by ContractorProvider, and the State may withhold payment to Contractor Provider for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Contractor Provider is determined. The State may withhold any amount that may be due Contractor Provider 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: Universal Preschool (Upk) Colorado Program Service Agreement

Damages and Withholding. Notwithstanding To the fullest extent of the law, notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor, and the State may withhold payment to Contractor for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor 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: Intergovernmental Agreement