Application of Liquidated Damages. (“LDs”) Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amountof LDs for the month. Should LDs apply, payment by the Supplier of the LD does not relieve the Supplier of its obligations to perform its obligations. The LDs setoutin the SPC or in the Ordershallapply withoutprejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The LDs shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be considered as a sole remedy and full satisfaction of the Supplier's liability. The LDs shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 above. The application of the LDs is independent of the termination of the Contract, SCPC and / or Order, which mayeventually resultfrom thedelay orpoorperformancebythe Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Application of Liquidated Damages. 23 In the determination of the total liquidated damages imposed during a calendar 24 year, the liquidated damages shall be deemed imposed in the calendar year in which 25 the event giving rise to the liquidated damages occurred. However, the liquidated 26 damages shall not be deemed effective until the Procedure for Review of Liquidated 27 Damages set forth in Section 18.3 has been completed or the time for initiating review 28 has lapsed, whichever occurs later.

Application of Liquidated Damages. “LDs”) Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of LDsfor the month. Should LDs apply, payment by the Supplier of the LD does not relieve the Supplier of its obligations to perform its obligations. The LDssetoutin the SPC or in the Order shall apply withoutprejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The LDs shall be invoiced by the Purchaser to the Supplier and in no way can be considered as a lump sum compensation for any loss that may be suffered by the Purchaser in the course of performance of the Contract and shall not be considered as a sole remedy and full satisfaction of the Supplier's liability. The LDs shall be paid by the Supplier within the same deadlines as the deadlines for payment specified in article C7 above. The application of the LDsis independent of the termination of the Contract, SCPC and / or Order, which may eventually result from thedelay or poor performanceby the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Application of Liquidated Damages. According to the Contract, Liquidated Damages are implemented to cover, inter alia, Underperformance periods during the pre-operational testing phase as foreseen under Article 18 of the Contract. The expected performance of the Hosting Services is measured through a set of defined KPIs. Each “Underperformance” is defined in Section 2 below. The following principles shall apply:

Application of Liquidated Damages. Following a monthly update on the analysis of the indicators, the Purchaser issues an invoice corresponding to the amount of liquidated damagesfor the month. Should liquidated damagesapply, paymentbythe Supplier of the liquidated damages does not relieve the Supplier of its obligations to perform its obligations. Theliquidated damagessetoutin the SPCorinthe Order shall applywithoutprejudice to any other costs incurred by the Purchaser resulting from the failure of the Supplier. The liquidated damages shall be invoiced by the Purchaser to the Supplier and in no waycanbeconsideredasalumpsumcompensation for anyloss thatmaybesuffered by the Purchaser in the course of performance of the Contract and shall not be considered as a sole remedy and full satisfaction of the Supplier's liability. Theliquidated damagesshall be paidby the Supplier within thesame deadlines as the deadlines for payment specified in article D7 above. The application of the liquidated damages is independent of the termination of the Contract, SCPC and / or Order, which may eventually result from the delay or poor performance by the Supplier of its obligations. In particular, the Parties consider that the Supplier has materially failed to perform its services if the SLA floor rate is reached four (4) consecutive times over a period of six (6) months.

Application of Liquidated Damages. The application of Liquidated Damages shall not excuse Vendor’s performance obligations as set forth in this agreement, nor shall it waive any rights MMCAP, MMCAP Members, or MMCAP Participating Facilities may have to seek any and all available legal and equitable remedies.

Related to Application of Liquidated Damages

Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.
Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx.
Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.
CONTRACT TIME AND LIQUIDATED DAMAGES (7-1-95) (Rev. 12-18-07) 108 SP1 G10 A The date of availability for this contract is September 26, 2016. The completion date for this contract is October 31, 2017. Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds. The liquidated damages for this contract are Two Thousand Dollars ($ 2,000.00) per calendar day.
Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.
Liquidated Damages for Delay In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of $500.00 per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this $500.00 per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the is $500.00 per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.
Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS.
Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.
Limitation of Liability and Damages NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bring, whether in tort, contract or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purpose.
Deduction of Damages from Contract Price Upon prior written notice being issued to the Contractor, CMHA may deduct all or any part of the damages resulting from Contractor’s default from any part of the price still due on this Agreement.

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