Common use of Delay of Payment Due to Contractor’s Failure Clause in Contracts

Delay of Payment Due to Contractor’s Failure. If the Department in good faith determines that the Contractor has failed to perform or deliver Software, Licenses or Services as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Software or Licenses are delivered and Services are properly performed. In this event, the Department may withhold that portion of the Contractor’s compensation which represents payment for Software, Licenses or Services that were not delivered or performed. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the Department to incur costs, the Department may deduct the amount of such incurred costs from any amounts payable to Contractor. The Department’s authority to deduct such incurred costs shall not affect the Department’s authority to terminate the Contract.

Delay of Payment Due to Contractor’s Failure. If the Department Agency in good faith determines that the Contractor has failed to perform or deliver Software, Licenses any service or Services product as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Software service or Licenses are delivered and Services are properly performedproduct is performed or delivered. In this event, the Department Agency may withhold that portion of the Contractor’s compensation which represents payment for Software, Licenses services or Services products that were not delivered performed or performeddelivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the Department Agency to incur costs, the Department Agency may deduct the amount of such incurred costs from any amounts payable to Contractor. The DepartmentAgency’s authority to deduct such incurred costs shall not in any way affect the DepartmentAgency’s authority to terminate the Contract.

Delay of Payment Due to Contractor’s Failure. If the Department in good faith determines that the Contractor has failed to perform or deliver Software, Licenses or any Services and Deliverables as required by the Contract, the Contractor shall not be entitled to any compensation under the Contract until such Software or Licenses Services and Deliverables are delivered and Services are properly performedaccepted. In this event, the Department may withhold that portion of the Contractor’s compensation compensation, which represents payment for Software, Licenses or Services and Deliverables that were not delivered or performeddelivered. To the extent that the Contractor’s failure to perform or deliver in a timely manner causes the Department to incur costs, the Department may deduct the amount of such incurred costs from any amounts payable to Contractor. The Department’s authority to deduct such incurred costs shall not in any way affect the Department’s authority to terminate the Contract.