Amount of Liquidated Damages. 1. If the Job Order Contractor fails to achieve Substantial Completion of for that portion of the Work applicable to a particular Job Order on or before the Substantial Completion date set forth in the applicable Job Order Schedule, as adjusted, for any reason other than Excusable Delays, the Job Order Contractor shall pay to the City liquidated damages in the amount per Day as determined by the Maricopa Association of Governments specifications existing on the date this Contract is approved by the City Council (the “MAG Specifications”) for each Day Substantial Completion is delayed beyond the Substantial Completion date set forth in the applicable Job Order Schedule. 2. If the Job Order Contractor fails to achieve Final Completion of for that portion of the Work applicable to a particular Job Order on or before the Final Completion date, as adjusted, for any reason other than Excusable Delays, the Job Order Contractor shall pay to the City liquidated damages in the amount per Day as determined by MAG Specifications for each Day Final Completion is delayed beyond the Final Completion date established according to the applicable Job Order Schedule. 3. In no case may the amount of liquidated damages due under this Subsection 4.9(B) for any single Day of delay exceed the highest amount, as determined according to MAG Specifications, that would be charged for any single Inexcusable Delay existing on such Day. 4. Payment of liquidated damages is to be made contemporaneously with any required payment to the Job Order Contractor, and such payments may be offset against each other.
Appears in 3 contracts
Samples: Job Order Contract, Job Order Contract, Job Order Contract
Amount of Liquidated Damages. 1. If the Job Order Contractor Construction Manager fails to achieve Substantial Completion of for that portion of the Work applicable to a particular Job Order GMP Proposal on or before the Substantial Completion date set forth in the applicable Job Order ScheduleGMP Proposal, as adjusted, for any reason other than Excusable Delays, the Job Order Contractor Construction Manager shall pay to the City liquidated damages in the amount per Day as determined by the Maricopa Association of Governments specifications existing on the date this Contract Agreement is approved by the City Council (the “MAG Specifications”) for each Day Substantial Completion is delayed beyond the Substantial Completion date set forth in the applicable Job Order ScheduleGMP Amendment.
2. If the Job Order Contractor Construction Manager fails to achieve Final Completion of for that portion of the Work applicable to a particular Job Order GMP Proposal on or before the Final Completion date, as adjusted, for any reason other than Excusable Delays, the Job Order Contractor Construction Manager shall pay to the City liquidated damages in the amount per Day as determined by MAG Specifications for each Day Final Completion is delayed beyond the Final Completion date established according to the applicable Job Order ScheduleGMP Amendment.
3. In no case may the amount of liquidated damages due under this Subsection 4.9(B6.9(B) for any single Day of delay exceed the highest amount, as determined according to MAG Specifications, that would be charged for any single Inexcusable Delay existing on such Day.
4. Payment of liquidated damages is to be made contemporaneously with any required payment to the Job Order ContractorConstruction Manager, and such payments may be offset against each other.
Appears in 2 contracts
Samples: Construction Manager at Risk Agreement, Construction Manager at Risk Agreement
Amount of Liquidated Damages. 1. If the Job Order Contractor fails to achieve Substantial Completion of for that portion of the Work applicable to a particular Job Order GMP Proposal on or before the Substantial Completion date set forth in the applicable Job Order ScheduleGMP Proposal, as adjusted, for any reason other than Excusable Delays, the Job Order Contractor shall pay to the City Town liquidated damages in the amount per Day as determined by the Maricopa Association of Governments specifications existing on the date this Contract Agreement is approved by the City Town Council (the “MAG Specifications”) for each Day Substantial Completion is delayed beyond the Substantial Completion date set forth in the applicable Job Order ScheduleGMP Amendment.
2. If the Job Order Contractor fails to achieve Final Completion of for that portion of the Work applicable to a particular Job Order GMP Proposal on or before the Final Completion date, as adjusted, for any reason other than Excusable Delays, the Job Order Contractor shall pay to the City Town liquidated damages in the amount per Day as determined by MAG Specifications for each Day Final Completion is delayed beyond the Final Completion date established according to the applicable Job Order ScheduleGMP Amendment.
3. In no case may the amount of liquidated damages due under this Subsection 4.9(B6.9(B) for any single Day of delay exceed the highest amount, as determined according to MAG Specifications, that would be charged for any single Inexcusable Delay existing on such Day.
4. Payment of liquidated damages is to be made contemporaneously with any required payment to the Job Order Contractor, and such payments may be offset against each other.
Appears in 1 contract
Samples: Design Build Agreement