Common use of Failure to Meet Performance Guarantees Clause in Contracts

Failure to Meet Performance Guarantees. 1. Contractor agrees to payment of liquidated damages (“Performance Guarantees”) if it fails to meet the Performance Standards set forth within ATTACHMENT F, Performance Guarantee, to this Contract. 2. Performance Guarantees are intended only to cover the Department’s internal staffing and administrative costs and the diminished value of the Services provided under the Contract. In accepting liquidated damages, the Department does not waive its right to pursue other remedies provided for under this Contract, including a claim for any damages not covered by the liquidated damages. 3. Notwithstanding anything in the Contract to the contrary, the total of any and all Performance Guarantees paid or to be paid by Contractor pursuant to this Contract for any calendar quarter will not exceed 100% of the Compensation due under Section 2.5 above. 4. Upon mutual agreement of the Parties, Performance Guarantees may be suspended from time to time for special circumstances. Suspension of a Performance Guarantee will not excuse Contractor from accumulating data relevant to that Performance Guarantee and reporting such data to the Department as part of the management reports delivered pursuant to this Contract. 5. The Department may require the Contractor to propose and implement a reasonable Corrective Action Plan to address and correct the root causes of any missed Performance Standard. 6. The inclusion of Performance Guarantees in this Agreement is intended to address unsatisfactory performance in the context of ongoing operations without resort to the default provisions set forth in Section 9 of the Contract. However, if Contractor's performance falls below the minimum level of performance for the same Performance Guarantee for three (3) quarters and such failure is not otherwise excused, then the Department may declare an Event of Default. 7. Contractor will be excused for failing to meet any Performance Standard to the extent such failure is caused by the Department not performing any of its obligations under the Contract. 8. Contractor will advise the Department in writing as soon as possible of any circumstance or occurrence which would excuse or affect Contractor's ability to achieve any of the Performance Standards. In all such cases, Contractor will continue to make all reasonable efforts to achieve the Performance Standards.

Failure to Meet Performance Guarantees. 1. ‌ a. Contractor agrees to payment of liquidated damages (“in the form of Performance Guarantees”) Guarantees if it fails to meet the Performance Standards performance standards set forth within ATTACHMENT F, Attachment 3: Performance Guarantee, to this ContractGuarantees. 2. Performance Guarantees b. Liquidated damages are intended only to cover the Department’s internal staffing and administrative costs and the diminished value of the Services provided under the Contract. In accepting any form of liquidated damages, the Department does not waive its right to pursue other remedies provided for under this Contract, including a claim Contract for any damages not covered by the liquidated damagesother breaches. 3. c. Notwithstanding anything in the Contract to the contrary, the total of any and all Performance Guarantees liquidated damages paid or to be paid by Contractor pursuant to this Contract for any calendar quarter will not exceed one hundred percent (100% %) of the Compensation payment due under Section 2.5 abovesection 3.8, Payments. 4. d. Upon mutual agreement of the Parties, Performance Guarantees may be suspended from time to time for special circumstances. Suspension of a Performance Guarantee will not excuse Contractor from accumulating data relevant to that Performance Guarantee and reporting such data to the Department as part of the management reports delivered pursuant to this Contract. 5e. Contractor will provide the Department with a Performance Guarantee Summary Report (PG Report) for all Performance Guarantees prescribed by Attachment 3: Performance Guarantees, on a quarterly basis. The Department may, at its option, provide Contractor with a Performance Guarantee Report template, which must be used. For each Performance Guarantee that the Contractor fails to meet, based on the PG Report, the Contractor will remit the applicable payment to the Department within forty-five (45) Calendar Days of the end of the reporting quarter. The Department is not required to notice or invoice the Contractor for payment. f. The Department may require the Contractor to propose and implement a reasonable Corrective Action Plan corrective action plan to address and correct the root causes cause of any missed Performance StandardGuarantee. 6. g. The inclusion of the Performance Guarantees in this Agreement is intended to address unsatisfactory performance in the context of ongoing operations without resort resorting to the default provisions set forth in Section section 9 of the Contract. However, if Contractor's ’s performance falls below the minimum level of performance (as contained in Attachment 3: Performance Guarantees) for the same Performance Guarantee for three (3) quarters consecutive reporting periods and such failure is not otherwise excused, then the Department may declare an Event of DefaultDefault and pursue alternative remedies in lieu of accepting Performance Guarantees. 7. h. Contractor will be excused for failing to meet any Performance Standard Guarantee to the extent such failure is caused by the Department not performing any of its obligations under the Contract. 8. i. Contractor will advise the Department in writing as soon as possible of any circumstance or occurrence occurrence, which would could excuse or affect Contractor's ’s ability to achieve any of the Performance StandardsGuarantees. In all such cases, Contractor will continue cause to make all reasonable efforts to achieve the Performance Standards.Guarantees. INSURANCE‌

Failure to Meet Performance Guarantees. 1. Contractor agrees to payment of liquidated damages (“Performance Guarantees”) if it fails to meet the Performance Standards Guarantees set forth within ATTACHMENT FC, Performance Guarantee, to this Contract. 2. Performance Guarantees are intended only to cover the Department’s internal staffing and administrative costs and the diminished value of the Services provided under the Contract. In accepting liquidated damages, the Department does not waive its right to pursue other remedies provided for under this Contract, including a claim for any damages not covered by the liquidated damages. 3. Notwithstanding anything in the Contract to the contrary, the total of any and all Performance Guarantees paid or to be paid by Contractor pursuant to this Contract for any calendar quarter will not exceed 100 percent (100% %) of the Compensation compensation due under Section subsection 2.5 above. 4. Upon mutual agreement of the Parties, Performance Guarantees may be suspended from time to time for special circumstances. Suspension of a Performance Guarantee will not excuse Contractor from accumulating data relevant to that Performance Guarantee and reporting such data to the Department as part of the management reports delivered pursuant to this Contract. 5. The Department may require the Contractor to propose and implement a reasonable Corrective Action Plan corrective action plan to address and correct the root causes of any missed Performance Standard. 6. The inclusion of Performance Guarantees in this Agreement Contract is intended to address unsatisfactory performance in the context of ongoing operations without resort to the default provisions set forth in Section section 9 of the Contract. However, if Contractor's performance falls below the minimum level of performance for the same Performance Guarantee for three (3) quarters and such failure is not otherwise excused, then the Department may declare an Event of Default. 7. Contractor will be excused for failing to meet any Performance Standard to the extent such failure is caused by the Department not performing any of its obligations under the Contract. 8. Contractor will advise the Department in writing as soon as possible of any circumstance or occurrence which would excuse or affect Contractor's ability to achieve any of the Performance Standards. In all such cases, Contractor will continue to make all reasonable efforts to achieve the Performance Standards.

Failure to Meet Performance Guarantees. 1. a. Contractor agrees to payment of liquidated damages (“in the form of Performance Guarantees”) Guarantees if it fails to meet the Performance Standards performance standards set forth within ATTACHMENT F, Attachment 3: Performance Guarantee, to this ContractGuarantees. 2. Performance Guarantees b. Liquidated damages are intended only to cover the Department’s internal staffing and administrative costs and the diminished value of the Services provided under the Contract. In accepting any form of liquidated damages, the Department does not waive its right to pursue other remedies provided for under this Contract, including a claim Contract for any damages not covered by the liquidated damagesother breaches. 3. c. Notwithstanding anything in the Contract to the contrary, the total of any and all Performance Guarantees liquidated damages paid or to be paid by Contractor pursuant to this Contract for any calendar quarter will not exceed one hundred percent (100% %) of the Compensation payment due under Section 2.5 abovesection 3.8, Payments. 4. d. Upon mutual agreement of the Parties, Performance Guarantees may be suspended from time to time for special circumstances. Suspension of a Performance Guarantee will not excuse Contractor from accumulating data relevant to that Performance Guarantee and reporting such data to the Department as part of the management reports delivered pursuant to this Contract. 5e. Contractor will provide the Department with a Performance Guarantee Summary Report (PG Report) for all Performance Guarantees prescribed by Attachment 3: Performance Guarantees, on a quarterly basis. The Department may, at its option, provide Contractor with a Performance Guarantee Report template, which must be used. For each Performance Guarantee that the Contractor fails to meet, based on the PG Report, the Contractor will remit the applicable payment to the Department within forty-five (45) Calendar Days of the end of the reporting quarter. The Department is not required to notice or invoice the Contractor for payment. f. The Department may require the Contractor to propose and implement a reasonable Corrective Action Plan corrective action plan to address and correct the root causes cause of any missed Performance StandardGuarantee. 6. g. The inclusion of the Performance Guarantees in this Agreement is intended to address unsatisfactory performance in the context of ongoing operations without resort resorting to the default provisions set forth in Section section 9 of the Contract. However, if Contractor's ’s performance falls below the minimum level of performance (as contained in Attachment 3: Performance Guarantees) for the same Performance Guarantee for three (3) quarters consecutive reporting periods and such failure is not otherwise excused, then the Department may declare an Event of DefaultDefault and pursue alternative remedies in lieu of accepting Performance Guarantees. 7. h. Contractor will be excused for failing to meet any Performance Standard Guarantee to the extent such failure is caused by the Department not performing any of its obligations under the Contract. 8. i. Contractor will advise the Department in writing as soon as possible of any circumstance or occurrence occurrence, which would could excuse or affect Contractor's ’s ability to achieve any of the Performance StandardsGuarantees. In all such cases, Contractor will continue cause to make all reasonable efforts to achieve the Performance StandardsGuarantees.