Maximum Damages. Liquidated damages assessed pursuant to this paragraph shall not, in any single month, exceed 25% of the fee due CONTRACTOR for that month. However, if CONTRACTOR fails to perform any Service or combination of Services, and such failure represents a budgeted sum greater than 25% of the fee due CONTRACTOR for that month, HHSC may terminate the Agreement in accordance with this article.
Appears in 2 contracts
Sources: Children's Health Insurance Program Agreement (Amerigroup Corp), Children's Health Insurance Program Agreement (Amerigroup Corp)