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Title 48 Part 552 → Subpart 552.2 → §552.270-10

Title 48 → Chapter 5 → Subchapter H → Part 552 → Subpart 552.2 → §552.270-10

Electronic Code of Federal Regulations e-CFR

Title 48 Part 552 → Subpart 552.2 → §552.270-10

e-CFR data is current as of October 17, 2019

Title 48Chapter 5Subchapter HPart 552Subpart 552.2 → §552.270-10


Title 48: Federal Acquisition Regulations System
PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 552.2—Text of Provisions and Clauses


552.270-10   Failure in Performance.

As prescribed in 570.703, insert the following clause:

Failure in Performance (SEP 1999)

The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair required under this lease are interdependent. In the event of any failure by the Lessor to provide any service, utility, maintenance, repair or replacement required under this lease the Government may, by contract or otherwise, perform the requirement and deduct from any payment or payments under this lease, then or thereafter due, the resulting cost to the Government, including all administrative costs. If the Government elects to perform any such requirement, the Government and each of its contractors shall be entitled to access to any and all areas of the building, access to which is necessary to perform any such requirement, and the Lessor shall afford and facilitate such access. Alternatively, the Government may deduct from any payment under this lease, then or thereafter due, an amount which reflects the reduced value of the contract requirement not performed. No deduction from rent pursuant to this clause shall constitute a default by the Government under this lease. These remedies are not exclusive and are in addition to any other remedies which may be available under this lease or at law.

(End of clause)

[64 FR 37229, July 9, 1999, as amended at 76 FR 30846, May 27, 2011]


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