DAMAGES CAUSED BY DELAYS Sample Clauses

DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the work described in Section 2 or should otherwise commit any act which causes delay to the prime contract work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default.
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DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the Work or breach any provision of this Agreement, or should otherwise commit any act which causes delay to the Contractor’s work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including liquidated damages, sustained by Contractor, or for which Contractor may be liable to the Owner or any other party because of Subcontractor's default or breach. Subcontractor’s liability for liquidated damages arising out of Subcontractor’s default in performance of the work or breach of any provision of this Agreement shall be limited to amounts, if any, assessed against Contractor by the Owner and shall be further limited to the extent of Subcontractor’s comparative fault for such losses.
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DAMAGES CAUSED BY DELAYS. In 2008, the City embarked on a pilot project to test the use of new construction contract language altering the allocation of the risk of project delays, as between the City and the contractor. The City has determined to make the pilot project language the standard language for all City W\SH construction contracts. Please note that changes have been made to the damages for delay provisions from the pilot to the adopted version.
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DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the Work or breach any provision of this Agreement, or should otherwise commit any act which causes delay to the Contractor’s work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including liquidated damages, sustained by Contractor, or for which Contractor may be liable to the Owner or any other party because of Subcontractor's default or breach. Neither Party shall be liable to the other for consequential damages incurred directly by either party arising out of or related to a breach of this Agreement, except that Subcontractor shall remain liable for indemnification and the duty to defend against any actual and/or consequential damages that arise out of the Work or a breach of this Agreement that are assessed or claimed against Contractor by third parties, which includes, but is not limited to, the Owner, as well as for any such damages that are caused by an insurable event and covered by insurance. Subcontractor’s liability for liquidated damages arising out of Subcontractor’s default in performance of the work or breach of any provision of this Agreement shall be limited to amounts, if any, assessed against Contractor by the Owner and shall be further limited to the extent of Subcontractor’s comparative fault for such losses.
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DAMAGES CAUSED BY DELAYS. If Subcontractor should default in performance of the work described herein or should otherwise commit any act which causes delay to the Project or the work, including delays due to required corrections of defective work, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, sustained by Contractor, or for which Contractor may be liable to Owner or any other party because of Subcontractor’s default. Further, whether or not damages are so assessed, Subcontractor agrees to pay to Contractor such other additional damages as the Contractor may sustain by reason of any such delay directly or indirectly attributable to or caused by Subcontractor, including, but not limited to, recovery of Contractor’s overhead and expenses related to managing and supervising the Project during or equal to any period of time resulting from such delay of Subcontractor; and Subcontractor further agrees that neither the payment of such damages nor any liability incurred for the payment of such damages shall release the Subcontractor from his obligation to otherwise fully perform this Agreement.
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DAMAGES CAUSED BY DELAYS. If Subcontractor is delayed in the prosecution of the Work by Owner, by Contractor, by another subcontractor of Contractor, or by any cause that would entitle Contractor to an extension of time under the Contract, Subcontractor shall give Contractor written notice of the occurrence of the cause within four (4) business days after the commencement thereof and keep Contractor currently informed in writing with respect thereto until the delay has terminated. If Subcontractor fails to give such notice within the time specified, Subcontractor shall be deemed conclusively to have waived its right to an extension of time based upon such cause. If Subcontractor is so delayed, the parties shall agree in writing upon an extension of the time for the performance of the Work or, if they are unable to so agree, Subcontractor's entitlement to, and length of, the extension of time shall be determined pursuant to the Dispute Resolution provisions hereof. The length of the extension of time shall be equal to the number of calendar days that the completion of Subcontractor's Work actually was delayed by such cause. Anything in this paragraph to the contrary notwithstanding, if such delay (other than a delay caused by Contractor or another subcontractor) also concurrently delays the completion of the Contract, Subcontractor shall not be entitled to an extension of time that is longer than the extension of time granted by Owner to Contractor therefor. Subject to the above, Subcontractor shall perform the Work within such time as will permit Contractor to complete the Contract within the time specified therein. If Subcontractor breaches this obligation, Subcontractor shall be liable to Contractor
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DAMAGES CAUSED BY DELAYS. 7.1. If Subcontractor defaults in its performance of the Work or otherwise commits any act or omission which causes delay to XYZ or other subcontractors or suppliers or the Project, or causes the completion of the Project to be delayed, Subcontractor shall be liable for all losses, costs, expenses, liabilities and damages, including consequential damages and liquidated damages, sustained by XYZ, or for which XYZ may be liable to Owner or any other party because of Subcontractor's default or act or omission.
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Related to DAMAGES CAUSED BY DELAYS

  • TERMINATION BY MPS - BREACH BY CONTRACTOR If Contractor fails to fulfill its obligations under this Contract in a timely or proper manner, or violates any of its provisions, MPS shall thereupon have the right to terminate it by giving five (5) days written notice before the effective date of termination of the Contract, specifying the alleged violations, and effective date of termination. The Contract shall not be terminated if, upon receipt of the notice, Contractor promptly cures the alleged violation with five (5) days. In the event of termination, MPS will only be liable for services rendered through the date of termination and not for the uncompleted portion, or for any materials or services purchased or paid for by Contractor for use in completing the Contract.

  • Termination by City Notwithstanding any other term, provision or conditions of this Agreement, subject only to prior written notification to Licensee or its successor-in- interest, this Agreement is revocable by the City if:

  • Termination by XOOM We may terminate this Contract, or the applicable portion of this Contract, at our discretion and without penalty immediately upon notice to you if:

  • TERMINATION BY MPS MPS further reserves the right to terminate this Contract at any time for any reason by giving Contractor written notice by Registered or Certified Mail of such termination. MPS will attempt to give Contractor 20 days’ notice, but reserves the right to give immediate notice. In the event of said termination, Contractor shall reduce its activities hereunder, as mutually agreed to, upon receipt of said notice. Upon said termination, Contractor shall be paid for all services rendered through the date of termination, including any retainage. This section also applies should the Milwaukee Board of School Directors fail to appropriate additional monies required for the completion of the Contract.

  • Termination by Xxxxx Subject to Section 5.2, the CAISO may terminate this Agreement by giving written notice of termination in the event that the Participating Load commits any material default under this Agreement and/or the CAISO Tariff which, if capable of being remedied, is not remedied within thirty (30) days after the CAISO has given, to the Participating Load, written notice of the default, unless excused by reason of Uncontrollable Forces in accordance with Article X of this Agreement. With respect to any notice of termination given pursuant to this Section, the CAISO must file a timely notice of termination with FERC, if this Agreement was filed with FERC, or must otherwise comply with the requirements of FERC Order No. 2001 and related FERC orders. The filing of the notice of termination by the CAISO with FERC will be considered timely if: (1) the filing of the notice of termination is made after the preconditions for termination have been met, and the CAISO files the notice of termination within sixty (60) days after issuance of the notice of default; or (2) the CAISO files the notice of termination in accordance with the requirements of FERC Order No. 2001. This Agreement shall terminate upon acceptance by FERC of such a notice of termination, if filed with FERC, or thirty (30) days after the date of the CAISO’s notice of default, if terminated in accordance with the requirements of FERC Order No. 2001 and related FERC orders.

  • Termination by Xxxxxx Xilinx may terminate this Agreement for material breach by Licensee, provided that Xilinx has given written notice to Licensee of such breach and Licensee fails to cure such breach within thirty (30) days thereof; provided, however, in the event of a breach of confidentiality under Section 6 whereby unauthorized disclosure and/or dissemination by electronic or other means is likely to cause undue harm to Xilinx, then Xilinx may, at its discretion, immediately terminate this Agreement and seek other appropriate equitable and legal remedies as deemed necessary to protect its interests hereunder.

  • Termination by Contractor Contractor may, at its option, terminate this Contract upon the failure of MPS to pay any amount, which may become due hereunder for a period of sixty (60) days following submission of appropriate billing and supporting documentation. Upon said termination, Contractor shall be paid the compensation due for all services rendered through the date of termination including any retainage.

  • Termination by You You may cancel your acceptance of this Contract by delivering notice to XOOM by way of mail, fax, e-mail or by personal delivery, in the following circumstances:

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