Common use of Administrative Charges and Penalties Clause in Contracts

Administrative Charges and Penalties. Quality performance by the Contractor is of primary importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as per 1832 Exhibit 2 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 1833 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 1834 will necessarily suffer damages and that such damages, from the nature of the default in performance will 1835 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 1836 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 1837 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 1838 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 1839 that: (i) substantial damage results to members of the public who are denied services or denied quality or 1840 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 1841 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 1842 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 1843 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 1844 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 1845 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 1846 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 1847 1848 1849

Administrative Charges and Penalties. Quality performance by the Contractor is of primary importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as per 1832 detailed in Exhibit 2 9 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 1833 breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 1834 will necessarily suffer damages and that such damages, from the nature of the default in performance will 1835 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 1836 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 1837 which will be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. 1838 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 1839 that: (i) substantial damage results to members of the public who are denied services or denied quality or 1840 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits 1841 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 1842 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 1843 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 1844 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 1845 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 1846 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 1847 1848 1849.

Administrative Charges and Penalties. Quality performance by the Contractor is of primary importance. In respect of this, Contractor agrees to pay City administrative charges and penalties as per 1832 detailed in Exhibit 2 10 should Contractor fail to meet its responsibilities under this Agreement. Should Contractor be in 1833 material breach of the requirements set forth in this Agreement, it is mutually understood and agreed that the public 1834 will necessarily suffer damages and that such damages, from the nature of the default in performance will 1835 be extremely difficult and impractical to fix. City finds, and the Contractor agrees, that as of the time of the 1836 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages 1837 which will be incurred by City as a result of a material breach by Contractor of its obligations under this Agreement. 1838 The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact 1839 that: (i) substantial damage results to members of the public who are denied services or denied quality or 1840 reliable service; (ii) such breaches cause inconvenience, anxiety, frustration frustration, and deprivation of the benefits 1841 of this Agreement to individual members of the general public for whose benefit this Agreement exists, in 1842 subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary 1843 terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary 1844 loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in 1845 precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies 1846 are, at best, a means of future correction and not remedies which make the public whole for past breaches. 1847 1848 1849.