Failure of Performance by Constructing Party. 11.1 If a Constructing Party breaches its obligations under this Agreement to: (i) complete its Work on the [insert name of EOP] EOP in accordance with this Agreement or (ii) perform its Work on the [insert name of EOP] EOP consistent with Good Utility Practice, the Constructing Party shall be subject to liquidated damages in accordance with section 15.1 below; provided that, for any willful breach by such Constructing Party of such obligations that result in a failure of performance in whole or in part (other than for breaches described in item (i) or (ii)) of this section 11.1 and that are not excused pursuant to section 13, such Constructing Party shall be subject to making restitution of any amounts paid by any Paying Party.
Appears in 4 contracts
Samples: Facilities Agreement, Facilities Agreement, Facilities Agreement
