DELAY AND LIQUIDATED DAMAGES Sample Clauses

DELAY AND LIQUIDATED DAMAGES. 13.1 Should the Supplier become aware that a delivery date or any other requirement in a Purchase Order is unlikely to be met for whatsoever reason, the Supplier shall:
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DELAY AND LIQUIDATED DAMAGES. 12.1 The Contractor must commence Work on the date in the relevant purchase order or as otherwise notified to the Contractor by ASP .
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DELAY AND LIQUIDATED DAMAGES. 16 Failure to Complete by the Completion Date 16 Liquidated and Ascertained Damages 16 11.0 CONFIDENTIALITY AND DATA PROTECTION 16 Confidentiality Obligations 16 Data Protection 17 12.0 TERMINATION 18 Termination by Either Party 18 Termination for Breach by Customer 18 Termination for Breach due to Title 18 Termination for Breach by Developer 19 Termination for Insolvency, Liquidation, or Ceasing to Carry on Business 19 Settlement upon Termination 19 13.0 DISPUTE RESOLUTION AND GOVERNING LAWS 19 Negotiations 19 Arbitration 20 Governing Law 20 Compliance with Laws 20 Severability 20 Entire Agreement 20 Modifications 20 14.0 NOTICES AND COMMUNICATION 21 Notices, Decisions and Instructions 21 Services of Notices or Documents under the Contract 21 Written Communication 21 Services and Information Prior to Commencement Date 22 15.0 NON-SOLICITATION 22 16.0 ASSIGNMENTS AND SUB-CONTRACTING 22 Assignments 22 Sub-Contracting 22 17.0 OWNERSHIP 22 18.0 WAIVER 24 19.0 WARRANTY 24 Scope of the Warranty 24 Performance Level 24 Additional Consideration 25 20.0 MISCELLANEOUS 25 EXECUTION PAGE 26 APPENDICES 27 Appendix 1 – Project Scope and Specifications 27 Appendix 2 – Project Schedule 29 Appendix 3 – Inspection Test 30 Appendix 4 – Acceptance Test 31 Appendix 5 – Upgrade Agreement 32 Appendix 6 – Maintenance Agreement 34 Appendix 7 – Extension of Time 36 Appendix 8 – Cost Claim 37 Appendix 9 – Variation Agreement 38 Appendix 10 – Non-Disclosure Agreement (NDA) 39 Appendix 11 – Data Protection Security Standards 41 Articles of Agreement‌ THIS AGREEMENT is made on the day of year . Between (Reg. No. / Identification Number (strike out non-relevant): ) a company incorporated / Person (strike out non-relevant) in (state/country) whose registered address is at (address) (the “Customer”) who is in the business of of the first part; And
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DELAY AND LIQUIDATED DAMAGES. Failure to Complete by the Completion Date
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DELAY AND LIQUIDATED DAMAGES. Where the Supplier fails to provide timely delivery of a Delivery Item, and this is not due to circumstances on the part of the Buyer or force majeure, cf. clause 15, such delay shall constitute delay in performance, whether or not the entire Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or - if this is not possible - to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred or is expected to occur and state the cause of such delay and its expected duration with information about cause of the delay and also an indication of when the agreeme nt is expected to be fulfilled. This information shall be evident in the Database System as well. In the notification, the Supplier shall state the steps which will be taken by the Supplier to remedy or reduce the delay. In the event of delay of a Delivery Item, the Supplier shall pay to the Buyer daily Liquidated Damages. The Liquidated Damages shall be calculated per Day on the basis of the price of the Delivery Items delayed. The Liquidated Damages shall be at a rate of 2 (two) % of the delayed Delivery Item per Day, however not less than 150 (one hundred and fifty) DKK per day. The total Liquidated Damages amount of delay of Delivery Items shall not exceed 10 (ten) % of the total annual invoiced price each year. The Buyer shall not be entitled to any damages for delay in addition to Liquidated Damage s for delay.
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DELAY AND LIQUIDATED DAMAGES. 17 11.1 The Supplier’s delay 17 11.2 The Buyer’s delay 18 12 DEFECTS 18
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DELAY AND LIQUIDATED DAMAGES. Houseblock) being exceeded; or
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DELAY AND LIQUIDATED DAMAGES. The Client shall be entitled to recover liquidated damages at the pro-rata daily rate value of [ ]26 for each day Substantial Completion is delayed beyond the Target Substantial Completion Date which shall be due and payable by the ESCO to the Client upon demand. If the ESCO is delayed in carrying out and completing the Works due to a force majeure event set out in Clause 32. or any negligent act or omission of the Client the ESCO shall be entitled to a reasonable extension to the Target Substantial Completion Date as may be agreed in writing between the Parties prior to the resumption of Work by the ESCO following the delay. Where the Parties cannot agree to an extension of the Target Substantial Completion Date under Clause 5.2. the matter shall be referred to dispute resolution in accordance with Clause 48.. The Parties agree that it would be extremely difficult and impracticable under the presently known and anticipated facts and circumstances to fix with precision the actual damages the Client would incur in the event of any such delay, and that the liquidated damages identified in this Clause 5. are a good faith and reasonable estimate of the damages and loss the Client would suffer. The Parties acknowledge that any remedies under this Clause 5. shall not act as a sole right of recourse against the other Party and shall be in addition to any other remedies that may be available under this Agreement or otherwise at law.
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DELAY AND LIQUIDATED DAMAGES. It shall be the duty of the Company at all times to use all reasonable endeavours to prevent and/or minimise any delay and to do all that may reasonably be required to adhere to the timelines set out in this Agreement. No.
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Related to DELAY AND LIQUIDATED DAMAGES

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Liquidated Damages Security The Board may require that a Member that has two (2) or more NMFS fishing regulation violations, or which has breached this Agreement or another sector’s operations plan on two (2) or more occasions, post a bond or obtain a letter of credit securing such Member’s payment and performance obligations under this Agreement in such amounts as the Board deems appropriate, or may require such Member to personally guaranty, and/or have other Members or third parties personally guaranty, such Member’s payment and performance obligations under this Agreement.

  • Liquidated Damages - MWBE Participation A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages.

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