Breach of Contract and Liquidated Damages Sample Clauses

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.
Sample 1Sample 2Sample 3See All (351)
AutoNDA by SimpleDocs
Breach of Contract and Liquidated Damages. A. In accordance with Executive Law Section 316-a and 5 NYCRR § 142.13, the Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such a finding constitutes a breach of contract and the Contractor shall be liable to OGS for liquidated or other appropriate damages, as set forth herein.
Sample 1Sample 2Sample 3See All (174)
Breach of Contract and Liquidated Damages. A. Contract Monitoring System Agency:
Sample 1Sample 2Sample 3See All (20)
Breach of Contract and Liquidated Damages and/or enforcement proceedings as allowed by the Contract and applicable law.
Sample 1Sample 2Sample 3See All (11)
Breach of Contract and Liquidated Damages. In accordance with 5 NYCRR § 142.13, Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a State Agency Authorized User Mini-bid Agreement, such finding may constitute a breach of the Mini-bid Agreement and the applicable State Agency Authorized User may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the Mini-bid Agreement MWBE goals and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Mini-bid Agreement or as otherwise identified in the State Agency Authorized User Mini-bid Agreement.
Sample 1Sample 2Sample 3See All (5)
Breach of Contract and Liquidated Damages. Xxxx reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angi’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Xxxx to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Xxxx the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angi’s damages for the specified breaches of this Agreement: If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Xxxx One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Xxxx may (but is not required) issue the Company a warning before assessing damages. If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angi members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited. If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Xxxx, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Xxxx to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, the...
Sample 1Sample 2
Breach of Contract and Liquidated Damages. 29 ADMINISTRATIVE AND REPORTING REQUIREMENTS Report of Contract Purchases 30 30 Updated Certification of Required Insurances NEW YORK STATE STATEWIDE FINANCIAL SYSTEM 30 30 ELECTRONIC WORKFLOW SYSTEM 31 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS 31 ACCESSIBILITY OF WEB-BASED INFORMATION AND APPLICATIONS 31 PRICE ADJUSTMENTS FOR OGS CENTRALIZED CONTRACTS 31 Price Decreases 32 Price Increases 32 GSA Benchmarked Pricing PERFORMANCE/BID BOND AND LETTER OF CREDIT 32 33 SEVERABILITY 33 ENTIRE AGREEMENT 33 5 AUTHORIZED USER OVERVIEW AND MINI-BID PROCESS AUTHORIZED USER’S STATEMENT OF WORK 33 34 Fixed-Price 34 6 AUTHORIZED USER TERMS AND CONDITIONS MINI-BID TRANSACTIONAL ORDER OF PRECEDENCE 35 35 CONTRACT SURVIVAL 35 NO COST CHANGE REQUEST 35 ENHANCEMENT BUDGET 35 CONTRACTOR RESPONSIBILITIES 36 Project Organization Chart 36 Eligibility to Work 36 Additional Requirements from Authorized Users AUTHORIZED USER ENGAGEMENT REQUIREMENTS 36 36 DELIVERABLES FOR AN AUTHORIZED USER AGREEMENT (TRANSACTION) 37 RETAINAGE 37 REASONABLENESS OF PRICE 37 TRAVEL, MEALS AND LODGING 37 PAYMENT SCHEDULE 38 MINI-BID DISPUTE RESOLUTION PROCESS 38 MINI-BID PROPOSAL VALIDITY 39 SIGNATURE PAGE 41 Appendix A – Standard Clauses For New York State Contracts Appendix B – General Specifications January 2015 22772 Project Based Information Technology Consulting (Statewide) Appendix C – Contract Modification Procedure Appendix D – Pricing Schedule Appendix E – Report of Contract Purchases Appendix F – Project Based Information Technology Consulting Services Processes and Forms Attachment 1- Mini-Bid Template Attachment 2- How to Use This Contract Attachment 3- Enhancement Request Template Attachment 4- No Cost Change Request Template Attachment 5- Mini-Bid Participation Interest Template Appendix G – Contractor and OGS Information Appendix H – Contractor’s Insurance Requirements 1 Introduction
Sample 1
AutoNDA by SimpleDocs
Breach of Contract and Liquidated Damages. Better Me Baja reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Service Provider Subscription (b) promotional privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Better Me Baja’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Better Me Baja to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Better Me Baja the incurred amounts as liquidated damages, which the Company accepts as reasonable estimates of Better Me Baja’s damages for the specified breaches of this Agreement: If the Company posts Service Provider Content in violation of this Agreement, the Company agrees to promptly pay Better Me Baja Twenty Thousand Pesos ($20,000 mx) for each item of Service Provider Content posted in violation of this Agreement. Better Me Baja may (but is not required) issue the Company a warning before assessing damages. If the User or Service Provider exploits for any purpose (commercial or otherwise) any Service Provider Content, profiles of Better Me Baja members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Two Hundred Thousand Pesos ($200,000 mx) per report, record or review exploited. If the User or Service Provider uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Better Me Baja members, Service Provider content (including Service Provider profiles) or any other content contained on the Website or in any other publication of Better Me Baja, the offending party agrees to pay Twenty Thousand Pesos ($20,000 mx) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied. Except as set forth in the foregoing subparagraphs (a) through (c), inc...
Sample 1
Breach of Contract and Liquidated Damages 
Sample 1Sample 2Sample 3See All (157)

Related to Breach of Contract and Liquidated Damages

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) 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 April 30, 2018. The completion date for this contract is September 1, 2019. 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 One Thousand Five Hundred Dollars ($ 1,500.00) per calendar day.

  • 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.

  • 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.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!