Common use of Delay Penalty Clause in Contracts

Delay Penalty. 5.4.1 Except in cases of Force Majeure as set out in clause 6.6 or the Client’s default, the Consultant shall pay to the Client a delay penalty in the amount of two percent (2%) per week of the Fee payable to meet the Time for Completion; provided, however, that the amount of such delay penalty shall in no event exceed ten percent (10%) of the Fee. 5.4.2 The Client may, without prejudice to any other method of recovery, deduct the amount of such delay penalty from any monies due or which may become due to the Consultant. 5.4.3 The payment of such penalty shall not relieve the Consultant of the obligation to complete the Services or from any of the Consultant’s other obligations and liabilities under this Agreement.

Delay Penalty. 5.4.1 Except in cases of Force Majeure as set out in clause 6.6 or the Client’s default, the Consultant shall pay to the Client a delay penalty in the amount of two one percent (21%) per week of the Fee payable to meet the Time for Completion; provided, however, that the amount of such delay penalty shall in no event exceed ten percent (10%) of the FeeFee OR the Consultant shall pay the delay damages amount as stipulated in the Particular Conditions. 5.4.2 The Client may, without prejudice to any other method of recovery, deduct the amount of such delay penalty from any monies due or which may become due to the Consultant. 5.4.3 The payment of such penalty shall not relieve the Consultant of the obligation to complete the Services or from any of the Consultant’s other obligations and liabilities under this Agreement.