Common use of Failure to Achieve Milestones Clause in Contracts

Failure to Achieve Milestones. DESIGN BUILD CONTRACTOR and City agree that failure to achieve the Project milestones in this Section by the dates set forth in the agreed upon Guaranteed Maximum Price proposal will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, DESIGN BUILD CONTRACTOR and City agree that DESIGN BUILD CONTRACTOR and Surety are liable for and shall pay to City the amounts below per Day, on a cumulative basis, as liquidated damages and not as a penalty, for each and every Day or portion of a Day of delay beyond the milestone dates established in the approved Guaranteed Maximum Price proposal for the Project. DESIGN BUILD CONTRACTOR and City agree that the amounts of liquidated damages fixed in this Section are reasonable forecasts of just compensation for harm to City resulting from DESIGN BUILD CONTRACTOR’s failure to achieve the milestones set forth herein. These liquidated damages shall be City’s sole remedy for damages from delay by DESIGN BUILD CONTRACTOR except that City shall be entitled to recover all of its actual, direct, and consequential damages in the event liquidated damages are determined to be unenforceable, and City shall also be entitled to City’s remedies under Article 14 of the General Conditions. Liquidated damages for each of the Project milestones are as follows:

Failure to Achieve Milestones. DESIGN BUILD CONTRACTOR XXXX and City agree that failure to achieve the Project milestones in this Section by the dates set forth in the agreed upon Guaranteed Maximum Price proposal proposals will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, DESIGN BUILD CONTRACTOR XXXX and City agree that DESIGN BUILD CONTRACTOR XXXX and Surety are liable for and shall pay to City the amounts below per Day, on a cumulative basis, as liquidated damages and not as a penalty, for each and every Day or portion of a Day of delay beyond the milestone dates established in the approved Guaranteed Maximum Price proposal proposals for the Project. DESIGN BUILD CONTRACTOR XXXX and City agree that the amounts of liquidated damages fixed in this Section are reasonable forecasts of just compensation for harm to City resulting from DESIGN BUILD CONTRACTOR’s XXXX’x failure to achieve the milestones set forth herein. These liquidated damages shall be City’s sole remedy for damages from delay by DESIGN BUILD CONTRACTOR XXXX except that City shall be entitled to recover all of its actual, direct, direct and consequential damages in the event liquidated damages are determined to be unenforceable, and City shall also be entitled to City’s remedies under Article 14 of the General Conditions. Liquidated damages for each of the Project milestones are as follows:

Failure to Achieve Milestones. DESIGN DESIGN-BUILD CONTRACTOR and City agree that failure to achieve the Project milestones in this Section by the dates set forth in the agreed upon Guaranteed Maximum Price proposal will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, DESIGN DESIGN-BUILD CONTRACTOR and City agree that DESIGN DESIGN-BUILD CONTRACTOR and Surety are liable for and shall pay to City the amounts below per Day, on a cumulative basis, as liquidated damages and not as a penalty, for each and every Day or portion of a Day of delay beyond the milestone dates established in the approved Guaranteed Maximum Price proposal for the Project. DESIGN DESIGN-BUILD CONTRACTOR and City agree that the amounts of liquidated damages fixed in this Section are reasonable forecasts of just compensation for harm to City resulting from DESIGN DESIGN-BUILD CONTRACTOR’s failure to achieve the milestones set forth herein. These liquidated damages shall be City’s sole remedy for damages from delay by DESIGN DESIGN-BUILD CONTRACTOR except that City shall be entitled to recover all of its actual, direct, and consequential damages in the event liquidated damages are determined to be unenforceable, and City shall also be entitled to City’s remedies under Article 14 of the General Conditions. Liquidated damages for each of the Project milestones are as follows:

Failure to Achieve Milestones. DESIGN BUILD CONTRACTOR and City agree that failure to achieve the Project milestones in this Section by the dates set forth in the agreed upon Guaranteed Maximum Price proposal proposals will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, DESIGN BUILD CONTRACTOR and City agree that DESIGN BUILD CONTRACTOR and Surety are liable for and shall pay to City the amounts below per Day, on a cumulative basis, as liquidated damages and not as a penalty, for each and every Day or portion of a Day of delay beyond the milestone dates established in the approved Guaranteed Maximum Price proposal for the Projectdescribed below. DESIGN BUILD CONTRACTOR and City agree that the amounts of liquidated damages fixed in this Section are reasonable forecasts of just compensation for harm to City resulting from DESIGN BUILD CONTRACTOR’s failure to achieve the milestones set forth herein. These liquidated damages shall be City’s sole remedy for damages from delay by DESIGN BUILD CONTRACTOR except that City shall be entitled to recover all of its actual, direct, and consequential damages in the event liquidated damages are determined to be unenforceable, and City shall also be entitled to City’s remedies under Article 14 of the General Conditions. Liquidated damages for each of the Project milestones are as follows:

Failure to Achieve Milestones. DESIGN BUILD CONTRACTOR and City agree that failure to achieve the Project milestones in this Section by the dates set forth in the agreed upon Guaranteed Maximum Price proposal proposals will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, DESIGN BUILD CONTRACTOR and City agree that DESIGN BUILD CONTRACTOR and Surety are liable for and shall pay to City the amounts below per Day, on a cumulative basis, as liquidated damages and not as a penalty, for each and every Day or portion of a Day of delay beyond the milestone dates established in the approved Guaranteed Maximum Price proposal for the Projectdescribed below. DESIGN BUILD CONTRACTOR and City agree that the amounts of liquidated damages fixed in this Section are reasonable forecasts of just compensation for harm to City resulting from DESIGN BUILD CONTRACTOR’s failure to achieve the milestones set forth herein. These liquidated damages shall be City’s sole remedy for damages from delay by DESIGN BUILD CONTRACTOR except that City shall be entitled to recover all of its actual, direct, direct and consequential damages in the event liquidated damages are determined to be unenforceable, and City shall also be entitled to City’s remedies under Article 14 of the General Conditions. Liquidated damages for each of the Project milestones are as follows:

Failure to Achieve Milestones. DESIGN BUILD CONTRACTOR The XXXX and City agree that failure to achieve the Project milestones in this Section by the dates set forth in the agreed upon Guaranteed Maximum Price proposal will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, DESIGN BUILD CONTRACTOR XXXX and City agree that DESIGN BUILD CONTRACTOR XXXX and Surety are liable for and shall pay to City the amounts below per Day, on a cumulative basis, as liquidated damages and not as a penalty, for each and every Day or portion of a Day of delay beyond the milestone dates established in the approved Guaranteed Maximum Price proposal proposals for the Project. DESIGN BUILD CONTRACTOR XXXX and City agree that the amounts of liquidated damages fixed in this Section are reasonable forecasts of just compensation for harm to City resulting from DESIGN BUILD CONTRACTOR’s XXXX’x failure to achieve the milestones set forth herein. These liquidated damages shall be City’s sole remedy for damages from delay by DESIGN BUILD CONTRACTOR XXXX except that City shall be entitled to recover all of its actual, direct, direct and consequential damages in the event liquidated damages are determined to be unenforceable, and City shall also be entitled to City’s remedies under Article 14 of the General Conditions. XXXX and City agree that in the event the amount of liquidated damages set forth in this Section are held to be unenforceable for any reason, City shall be entitled to recover its actual, direct damages, if any, resulting from such delay as may be authorized by the laws of Texas. Liquidated damages for each of the Project milestones are as follows: