Common use of For Failure to Perform Clause in Contracts

For Failure to Perform. In the event that the Services provided hereunder (or any portion thereof) do not meet the specifications or other performance criteria agreed to by Service Provider and Portola in a Work Order, then Service Provider will, at Portola’s first option, promptly (i) re-perform such Services at Service Provider’s cost, or (ii) refund to Portola all amounts paid by Portola to Service Provider in connection with such Services.