DAMAGES FOR NON-COMPLETION Sample Clauses

DAMAGES FOR NON-COMPLETION. If the Contractor fails to complete any or all the works by the date/s named in the relevant clauses for "Date of Completion" and "Extension of Time" and if the Architect/Consultant shall certify in writing on or before the date of issue of the Certificate for the last payment to which the Contractor may become entitled hereunder that the works could reasonably have been completed by the date or within the said extended time, then the Contractor shall pay or allow the Bank the sum to be worked out as per Appendix to General Conditions of Contract per day to be recovered as Liquidated Damages (and not by way of penalty) for the delay, beyond the said date or extended time, as the case may be, during which the works shall remain unfinished and such damages may be deducted from any moneys due or which may become due to the Contractor. The maximum amount of Liquidated Damages shall be the amount not exceeding Total Security Deposit. The contractor shall be bound to extend validity of Insurance Cover till such period of completion as to be considered necessary at their cost.
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DAMAGES FOR NON-COMPLETION. Upon the receipt of a Certificate of Non-Completion the Employer shall be entitled to recover from the Contractor Liquidated Damages calculated at the rate stated in the Appendix for the period from the Time for Completion or any extended Time for Completion where applicable to the Date of Practical Completion, provided always that the total amount of Liquidated Damages recovered by the Employer under this Clause shall not exceed the amount stated in the Appendix as the Limit of Liquidated Damages. The Employer may deduct such Liquidated Damages, whetherin whole or in part, from any payment due or to become due to the Contractor under the Contract or recover such amount as a debt due from the Contractor. (a) The payment or deduction of such Liquidated Damages shall not relieve the Contractor from his obligation to complete the Works or from any other of his obligations and liabilities under the Contract. (b) In the event the Limit of Liquidated Damages is reached, the Employer shall have the right may to terminate the Contract and the provisions of Clause 44.3 shall apply.
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DAMAGES FOR NON-COMPLETION. 4.3.1 If the Contractor fails to complete the Works within the Time for Completion and the Employer's Representative certifies in writing that in his opinion the same ought reasonably so to have been completed, then the Contractor shall pay or allow to the Employer as Liquidated Damages such sum or sums calculated using the rate or rates stated in the Form of Tender or other parts of the Tender Documents applied to each day or part of a day during which the Works shall so remain or have remained incomplete. 4.3.2 The Employer may deduct such Liquidated Damages as calculated in accordance with clause 4.3.1 hereof from any monies due to the Contractor or he may recover them from the Contractor as a debt.
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DAMAGES FOR NON-COMPLETION. If the Works are not completed by the completion date inserted in the Contract, or by any later completion date agreed between IWM and XXXX under the terms of this Contract, and such delay can be demonstrated to be caused by XXXX, XXXX shall pay or allow to IWM liquidated damages at the rate of
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DAMAGES FOR NON-COMPLETION. 24.1 If the Contractor fails to complete the construction of the Works by the Completion Date the Employer shall issue a notice in writing to the Contractor to that effect. In the event of a new Completion Date being fixed after the issue of such a notice in writing such fixing shall cancel that notice and the Employer shall issue such further notice in writing under clause 24.1 as may be necessary. 24.2.1 Subject to the issue of any notice under clause 24.1 the Contractor shall as the Employer may require in writing not later than the date when the Final Statement (or, as the case may be, the Employer's Final Statement) becomes conclusive as to the balance due between the parties by agreement or by the operation of clause 30.5.5, pay or allow to the Employer liquidated and ascertained damages at the rate 26 27 stated in Appendix 1 (or at such lesser rate as may be specified in writing by the Employer) for the period between the Completion Date and the date of Practical Completion and the Employer may deduct the same from any monies due or to become due to the Contractor under this Contract (including any balance stated as due to the Contractor in the Final Statement or, as the case may be, in the Employer's Final Statement) or the Employer may recover the same from the Contractor's as a debt. 24.2.2 If, under clause 25.3.3. the Employer fixed a later Completion Date, the Employer shall pay or repay to the Contractor any amounts recovered or paid under clause 24.2.1 for the period up to such later Completion Date. 24.2.3 Notwithstanding the issue of any further notice under clause 24.1 any requirement of the Employer which has been previously stated in writing in accordance with clause 24.2.1 shall remain effective unless withdrawn by the Employer.
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DAMAGES FOR NON-COMPLETION. The County may cancel the Agreement in case of failure by the Company to comply with the terms and conditions of this Agreement.
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DAMAGES FOR NON-COMPLETION. 40.1 If the Contractor fails to complete the Works by the Date for Completion or within any extended time granted pursuant to clause 43, the S.O. shall forthwith issue a Certificate of Non-Completion to the Contractor. 40.2 Without prejudice to the Government's right to terminate this Contract, when the S.O. issues the Certificate of Non-Completion, the Government shall be entitled to recover from the Contractor, Liquidated and Ascertained Damages calculated at the rate stated in Appendix from the period of the issuance of the Certificate of Non-Completion to the date of issuance of Certificate of Practical Completion or the date of termination of this Contract. The S.O. may deduct such Liquidated and Ascertained Damages from any money due or to become due to the Contractor, failing which such damages shall be recovered from the Performance Bond or as a debt due from the Contractor. The S.O. shall inform the Contractor in writing of such deduction. 40.3 The Liquidated and Ascertained Damages stated in Appendix shall be deemed to be a reasonable amount of loss which the Government will suffer in the event that the Contractor is in breach of this clause. The Contractor by entering into this Contract agrees to pay to the Government the said amount(s) if the same become due without the need of the Government to prove his actual damage or loss. 40.4 The payment or deduction of such Liquidated and Ascertained Damages shall not relieve the Contractor from his obligation to complete the Works or from any of its obligations and liabilities under this Contract.
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DAMAGES FOR NON-COMPLETION. 25.1 If the Contractor fails to Practically Complete the Works by the Date for Completion or within any extended time under Clauses 24 or 26 of these Conditions of Contract and the Contract Manager certifies in writing that in his opinion the same ought reasonably so to have been completed the Contractor shall pay or allow to the Employer the sum named and at the rate stated in the Appendix as “Liquidated and Ascertained Damages” for the period during which the Works shall so remain or have remained incomplete and the Employer may deduct such damages from any monies due or to become due to the Contractor under this Contract. 25.2 If any act of default of the Employer delays progress of the Works then the Contractor shall within seven (7) days of the act or default give notice in writing to the Contract Manager to this effect and any time lost from this cause shall be ascertained and certified by the Contract Manager and the Employer shall pay or allow to the Contractor such damages, as the Contractor shall have incurred by the delay. It is a condition precedent to the Contractor's entitlement to additional time or payment under this Contract that the Contractor provide notice of potential delay or disruption or increase in cost in accordance with these procedures and the notice requirements in the Conditions of Contract.
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DAMAGES FOR NON-COMPLETION. (a) Upon the receipt of a Certificate of Non-Completion the Employer shall be entitled to recover from the Contractor Liquidated Damages calculated at the rate stated in the Appendix for the period from the Time for Completion or any extended Time for Completion where applicable to the Date of Practical Completion, and may deduct such Liquidated Damages, whether in whole or in part, from any payment due or to become due to the Contractor under the Contract. (b) The payment or deduction of such Liquidated Damages shall not relieve the Contractor from his obligation to complete the Works or from any other of his obligations and liabilities under the Contract.
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Related to DAMAGES FOR NON-COMPLETION

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.

  • 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.

  • COMPLETION OF AGREEMENT This document comprises the entire agreement between the District and the Association in the matters lawfully within the scope of negotiation. Neither party shall have any obligation to meet and negotiate during the term of this agreement.

  • No Damages for Delay The Contractor has no claim for monetary damages for delay or hindrances to the Work from any cause, including without limitation any act or omission of the Owner.

  • Completion of Services (a) The Customer must: (i) notify Deswik in writing as soon as the Customer becomes aware of any defects in the Services; or (ii) provide Deswik with an email confirming successful completion of any Services Deswik advises the Customer have been completed. (b) If the Customer does not notify Deswik of any defects under clause 5.4(a)(i) or provide Deswik with an email confirming successful completion of the Services within 14 days of Deswik notifying the Customer that the relevant Services are complete, the Customer is deemed to have accepted the Services. (c) If the Customer notifies Deswik of any defects under clause 5.4(a)(i), Deswik will, as soon as possible investigate and (where applicable) undertake rectification of the defects. Upon completion of any defect rectification the Customer must promptly provide an email notification of the successful completion of the services, unless further defects exist. In this case, the Customer is further required to notify Deswik of such defects.

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.

  • CONDITIONS PRECEDENT TO BUYER'S PERFORMANCE The obligations of Buyer to purchase the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all the conditions set out below in this Article 9. Buyer may waive any or all of these conditions in accordance with Section 15.2 hereof, provided however, that no such waiver of a condition shall constitute a waiver by Buyer of any of its other rights or remedies, at law or in equity, if Seller shall be in default of any of its representations, warranties or covenants under this Agreement.

  • Completion of Due Diligence Each Purchaser shall have completed its legal, business and financial due diligence of the Company to its full satisfaction and shall be fully satisfied with the results thereof.

  • CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE The obligations of Seller to sell and transfer the Assets under this Agreement are subject to the satisfaction, at or before the Closing, of all the following conditions:

  • Completion of Repairs Borrower will commence any Repairs as soon as practicable after the date of this Loan Agreement and will diligently proceed with and complete such Repairs on or before the Completion Date. All Repairs and Capital Replacements will be completed in a good and workmanlike manner, with suitable materials, and in accordance with good building practices and all applicable laws, ordinances, rules, regulations, building setback lines and restrictions applicable to the Mortgaged Property. Borrower agrees to cause the replacement of any material or work that is defective, unworkmanlike or that does not comply with the requirements of this Loan Agreement, as determined by Lender.

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