Delays and Liquidated Damages. 12.1 The unavailability of materials at their scheduled time of installation will not be a reason for delay of the Work.
Delays and Liquidated Damages. If the Work is not completed within the Contract Time, or within any period of authorized extension thereof, it shall be understood and agreed that RMWD will suffer damage solely by reason of delay. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to RMWD, as fixed and liquidated damages and not as a penalty, the amount stated in the Bidding Requirements, unless otherwise provided or agreed by the parties. Payment shall be made for each calendar day of delay until the Work is completed and accepted; and the Contractor and his surety shall be liable for the amount thereof, except the Contractor will not be charged liquidated damages because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of God or of the Public enemy, acts of the Government, acts of RMWD including any preference, priority or allocation order duly issued by RMWD, acts of another contractor in the performance of a contract with RMWD, fires, floods, epidemics, quarantine restrictions, strikes (by other than the Contractor’s employees of the employees of any Subcontractor or Supplier), freight embargoes, and unusually severe weather. The Contractor shall, within ten (10) work days from the beginning of any such delay, notify RMWD in writing of the cause of the delay, whereupon RMWD will ascertain the facts and the extent of the delay and extend the time for completing the Work when in RMWD’s judgment the findings of fact justify such an extension, and RMWD's findings of fact thereby shall be final and conclusive on the parties hereto. It is understood and agreed that such liquidated damage provision does not limit RMWD with respect to any other damage capable of ascertainment. The Contractor hereby acknowledges and agrees that the Engineer and other professionals, consultants, and specialists appointed or employed by RMWD for the Work will suffer damages as a result of any unauthorized delay in completion of the Work and accepts the liability and responsibility for these damages as damage to RMWD that is capable of ascertainment. (See Supplementary Conditions, Section 00800)
Delays and Liquidated Damages. Time is of the essence regarding any time or period given for delivery, dispatch, performance or completion of the PO. Supplier shall immediately notify Fujitsu of any anticipated or actual delay. Supplier shall, for each day of delay, pay to Fujitsu as liquidated damages 0.5% of the Price. Fujitsu is entitled to set off any accrued liquidated damages from any invoice from Supplier. Payment of liquidated damages is not the sole and exclusive compensation for delays and Fujitsu has a right, at its option, to require any other compensation Fujitsu is entitled to under the Terms and at law. Fujitsu has the option to terminate the PO if any delay exceeds 10 working days, and such termination shall not affect Fujitsu’s entitlement to accrued liquidated damages.
Delays and Liquidated Damages. 17.1 AXESSTEL specifically acknowledges and agrees that time is the essence in the performance of all AXESSTEL’s obligations including, without limitation, the provision of all the Product set forth in this Agreement.
Delays and Liquidated Damages. Time is of the essence in the performance of this Agreement. By executing this Agreement, Contractor confirms that the Contract Time is a reasonable period within which to perform the Work. The Contractor shall take all necessary actions required to remedy any delay due to the fault of the Contractor or anyone working under Contractor, including, without limitation, providing additional forces to perform the Work, or working overtime at the Contractor's expense. Owner shall also have the right to supplement Contractor’s forces, without termination of this Agreement, in the event Contractor fails to take the measures set forth above for curing Contractor’s delay in performing the Work, the cost of which shall be deducted from any amounts otherwise due Contractor hereunder. For any delays in the critical path activities of the Work caused by the Owner, or other events beyond the reasonable control of the Contractor, Contractor shall be entitled to a time extension and such extension of time shall constitute Contractor’s sole and exclusive remedy for damages caused by such delay; provided, however, that in such case Contractor shall be entitled to recover those actual, additional expenses for project managers, supervisors, and clerical assistants, temporary offices and utilities and supplies for those offices, and other miscellaneous expenses for on-site management of the Project (collectively “General Conditions Costs”) caused by the delay. Contractor shall not be entitled to any additional costs for delays caused by events beyond the control of the Owner. If Substantial Completion of the Work is not achieved by the Date of Substantial Completion set forth in Exhibit A, Owner and Contractor agree that Owner would suffer significant loss and damage and that it would be impractical or impossible to fix actual damages for Contractor's default of its obligation to achieve Substantial Completion within the Contract Time. Because the parties desire to avoid the time and expense of litigating such issues, the parties agree that Owner shall be entitled to recover, withhold or deduct from Contractor the amounts described in Exhibit A as liquidated damages (“Liquidated Damages”) without Owner being required to present any evidence of the amount of character of actual damages sustained by reason of Contractor’s default. Owner shall be entitled to the Liquidated Damages for each day from the Date of Substantial Completion set forth in Exhibit A until and including the d...
Delays and Liquidated Damages. 12.1.1.1 In the event that any of the Support and Maintenance Services are not executed, strictly and punctually, in accordance with the terms of and within the respective Resolution Times stipulated in this Maintenance Agreement other than by reason of an event of Force Majeure, Partner shall be entitled to Liquidated Damages as regards these delayed Support and Maintenance Services, the amount of which shall be calculated in accordance with this clause 12, without having to prove actual damage, as specified below.
Delays and Liquidated Damages. Propose LD = of PO value for each week of delay, up to a maximum of of the Purchase Order Value. Propose LD is the sole remedy for late delivery. Para 2 Propose to delete the words “LGL decides that it will not such Delay Event,” — in Lines 3 to 4.
Delays and Liquidated Damages. The Seller acknowledges that delivery of Merchandise must be made by the dates specified. If the Seller fails to meet the dates stipulated in the Purchase Order, the Seller shall pay to LGL 0.5 Percent (0.5%) of the Purchase Order Value for each day the shipment or performance date is delayed up to a maximum of Five Percent (5.0%) of the Purchase Order Value by way of Liquidated Damages. The Purchase Order shall specify if liquidated damages apply and if so, the applicable percentages. Should the liquidated damages clause be found to be unenforceable, then LGL will be entitled to claim damages on other grounds. Section I – Part B Purchase Order Terms and Conditions 22 LGL EQUIPMENT SUPPLY TENDER Notwithstanding the foregoing, the Seller shall not be liable for delays due to causes (not including financial causes) beyond its reasonable control and covered under a Delay Event. If under these circumstances, LGL decides that it will not be unduly prejudiced by any such Delay Event, the Delivery Completion Date or performance shall be extended for the period equal to the time actually lost by reason of such Delay Event at no additional cost to LGL. The Seller shall immediately notify LGL in writing within ten (10) days if an incident or occurrence arises which may delay the manufacturing, delivery schedule or Delivery Completion Date. Failure to do so will constitute a waiver of any claim the Seller may have had for an extension of time. LGL will withhold progress payments or apply liquidated damages pending receipt of final certified drawings within the time specified by the Seller in the Completed Tender Section IV “Form of Tender
Delays and Liquidated Damages. The Contractor shall not be required to pay liquidated damages for delays or difficulties due solely to matters that fall under Force Majeure (unforeseeable circumstances that impact Contractor’s ability to perform), nor for time delays specifically due to, or approved in writing by, the Lottery. During a period of non- performance due to Force Majeure, payments from the Lottery to the Contractor may be suspended.
Delays and Liquidated Damages. The Supplier shall comply with specified timeframes given for delivery, dispatch, performance or completion in the Purchase Order. The Supplier must immediately notify Fujitsu of any anticipated or actual delay. In the event that an agreed Delivery Date is delayed, and such failure is not due to circumstances for which Fujitsu is responsible, Fujitsu has a right at its option to either (i) claim liquidated damages; or (ii) terminate this Purchase Order without liability. Where liquidated damages apply, Fujitsu may set off any liquidated damages from an invoice from Supplier. Supplier shall, for each commenced week of delay, pay to Fujitsu as liquidated damages three (3%) per cent of the total value of this Purchase Order. The maximum liquidated damages due to a delay shall be limited to ten (10%) per cent of the total value of this Purchase Order. Payment of liquidated damages is not the sole and exclusive compensation for delays and Fujitsu has a right, at its option, to require compensation under this clause and/or any other compensation Fujitsu is entitled to under these Terms and at law.
