CLIENT LIQUIDATED DAMAGES. If Subcontractor fails to meet the designated schedule in accordance with the Subcontractor’s scope of work, or otherwise causes delays in the overall project schedule, Subcontractor agrees to pay by way of liquidated damages the amount assessed to the Contractor by the Client directly related to Subcontractor’s Work but not to exceed the sum of ALL OTHER DAMAGES. In the event of any failure of the Subcontractor to complete any portion of its requirements under this subcontract within the required time or upon the dates established hereinabove, the Subcontractor hereby agrees to reimburse the Contractor for any and all liquidated damages that are assessed against and collected from the Contractor by the Owner, which are attributable to or caused by the Subcontractor’s failure to comply fully with the foregoing provisions. Whether or not liquidated damages are so assessed, Subcontractor hereby agrees to pay the Contractor $2,000 per day or actual damages, whichever is more, as the Contractor may sustain by reason of any such delay attributable to or caused by the Subcontractor. Subcontractor agrees that neither the payment of such damages, nor any liability incurred for the payment of such damages, shall release the Subcontractor from its obligation to otherwise fully perform under this Subcontract. Subcontractor further agrees that these delay damages are not a penalty. SC-10 EXPENDITURE NOTIFICATION (this clause does not apply to firm-fixed price)
Appears in 2 contracts
Samples: Subcontract Agreement, Subcontract Agreement
CLIENT LIQUIDATED DAMAGES. If Subcontractor fails to meet the designated schedule in accordance with the Subcontractor’s scope of work, or otherwise causes delays in the overall project schedule, Subcontractor agrees to pay by way of liquidated damages the amount assessed to the Contractor by the Client directly related to Subcontractor’s Work but not to exceed the sum of ALL OTHER DAMAGES. In the event of any failure of the Subcontractor to complete any portion of its requirements under this subcontract within the required time or upon the dates established hereinabove, the Subcontractor hereby agrees to reimburse the Contractor for any and all liquidated damages that are assessed against and collected from the Contractor by the Owner, which are attributable to or caused by the Subcontractor’s failure to comply fully with the foregoing provisions. Whether or not liquidated damages are so assessed, Subcontractor hereby agrees to pay the Contractor $2,000 per day or actual damages, whichever is more, as the Contractor may sustain by reason of any such delay attributable to or caused by the Subcontractor. Subcontractor agrees that neither the payment of such damages, nor any liability incurred for the payment of such damages, shall release the Subcontractor from its obligation to otherwise fully perform under this Subcontract. Subcontractor further agrees that these delay damages are not a penalty. SC-10 EXPENDITURE NOTIFICATION (this clause does not apply to firm-fixed price)
Appears in 1 contract
Samples: Subcontract Agreement
CLIENT LIQUIDATED DAMAGES. If Subcontractor fails to meet the designated schedule in accordance with the Subcontractor’s scope of work, or otherwise causes delays in the overall project schedule, Subcontractor agrees to pay by way of liquidated damages the amount assessed to the Contractor by the Client directly related to Subcontractor’s Work but not to exceed the sum of ALL OTHER DAMAGES. In the event of any failure of the Subcontractor to complete any portion of its requirements under this subcontract within the required time or upon the dates established hereinabove, the Subcontractor hereby agrees to reimburse the Contractor for any and all liquidated damages that are assessed against and collected from the Contractor by the Owner, which are attributable to or caused by the Subcontractor’s failure to comply fully with the foregoing provisions. Whether or not liquidated damages are so assessed, Subcontractor hereby agrees to pay the Contractor $2,000 per day or actual damages, whichever is more, as the Contractor may sustain by reason of any such delay attributable to or caused by the Subcontractor. Subcontractor agrees that neither the payment of such damages, nor any liability incurred for the payment of such damages, shall release the Subcontractor from its obligation to otherwise fully perform under this Subcontract. Subcontractor further agrees that these delay damages are not a penalty. SC-10 EXPENDITURE NOTIFICATION (this clause does not apply to firm-fixed pricefixedprice)
Appears in 1 contract
Samples: Subcontract Agreement