Common use of Justification for Liquidated Damages Clause in Contracts

Justification for Liquidated Damages. The Parties have agreed that Authority shall be damaged in the event that Contractor fails to do the following: (i) obtain a Certificate of Final Acceptance for any Trainset within a Fleet by the Trainset Acceptance Deadline for that Fleet; (ii) use approved Key Personnel; or (iii) meet the Rolling Stock Cost Commitments. The Parties further agree that (a) the damages to Authority and the public that would result from such delay or failures would include, but not be limited to, loss of revenues resulting from the loss of both current and potential ridership, increased project and personnel costs, additional maintenance costs and additional costs resulting from the use of replacement Equipment, and (b) the extent of such damages would be uncertain in amount and very difficult to ascertain. Accordingly, the Parties have agreed to establish the liquidated damages set forth in this Article 12 and agree that these damages do not constitute a penalty but rather a reasonable prediction of portions of damages Authority would incur as a result of such delays and failures. Contractor acknowledges and agrees that such liquidated damages are intended to compensate Authority solely for the delays and failures described in this Article 12, and shall not excuse Contractor from liability for any other breach of Contract requirements, including any failure of the Work to conform to applicable requirements. The remedies provided for by this Article 12 are cumulative with and in addition to all other rights Authority has hereunder and all other remedies to which Authority is entitled at law or in equity with respect to the facts, circumstances, events or occurrences described in Articles 12.1, 12.2, and 12.3.

Justification for Liquidated Damages. The Parties have agreed that Authority Owner shall be damaged in the event that Contractor fails to do the following: (i) obtain a Certificate of Final Acceptance for any a Trainset within a Fleet by the Trainset Acceptance Deadline for as described in Article 11.1. In addition, the Parties have agreed that Fleet; (ii) Owner shall be damaged in the event Contractor fails to use approved Key Personnel; Personnel or (iii) fails to meet the Rolling Stock Cost CommitmentsPerformance Standards. The Parties further agree that (ai) the damages to Authority Owner and the public that would result from such delay or failures failure to use Key Personnel or meet the Performance Standards would include, but not be limited to, loss of revenues resulting from the loss of both current and potential ridership, increased project and personnel costs, additional maintenance costs and additional costs resulting from the use of replacement Equipmentequipment, and (bii) the extent of such damages would be uncertain in amount and very difficult to ascertain. Accordingly, the Parties have agreed to establish the liquidated damages set forth in this Article 12 11 and agree that these damages do not constitute a penalty but rather a reasonable prediction of portions of damages Authority Owner would incur as a result of such delays and failures. Contractor acknowledges and agrees that such liquidated damages are intended to compensate Authority Owner solely for the delays and failures described in this Article 1211, and shall not excuse Contractor from liability for any other breach of Contract requirements, including any failure of the Work to conform to applicable requirements. The remedies provided for by this Article 12 11 are cumulative with and in addition to all other rights Authority Owner has hereunder and all other remedies to which Authority Owner is entitled at law or in equity with respect to the facts, circumstances, events or occurrences described in Articles 12.111.1, 12.2, 11.2 and 12.311.3.

Justification for Liquidated Damages. The Parties have agreed that Authority Owner shall be damaged in the event that Contractor fails to do the following: (i) obtain a Certificate of Final Acceptance for any Trainset within a Fleet by the Trainset Acceptance Deadline for that Fleet; (ii) use approved Key Personnel; or (iii) meet the Rolling Stock Cost Commitmentswhole life cycle cost commitments set forth in in Attachment J to the Signature Document; or (iv) meet the Performance Standards. The Parties further agree that (a) the damages to Authority Owner and the public that would result from such delay or failures would include, but not be limited to, loss of revenues resulting from the loss of both current and potential ridership, increased project and personnel costs, additional maintenance costs and additional costs resulting from the use of replacement Equipmentequipment, and (b) the extent of such damages would be uncertain in amount and very difficult to ascertain. Accordingly, the Parties have agreed to establish the liquidated damages set forth in this Article 12 11 and agree that these damages do not constitute a penalty but rather a reasonable prediction of portions of damages Authority Owner would incur as a result of such delays and failures. Contractor acknowledges and agrees that such liquidated damages are intended to compensate Authority Owner solely for the delays and failures described in this Article 1211, and shall not excuse Contractor from liability for any other breach of Contract requirements, including any failure of the Work to conform to applicable requirements. The remedies provided for by this Article 12 11 are cumulative with and in addition to all other rights Authority Owner has hereunder and all other remedies to which Authority Owner is entitled at law or in equity with respect to the facts, circumstances, events or occurrences described in Articles 12.111.1, 12.211.2, 11.3 and 12.311.4.

Justification for Liquidated Damages. Time is of the essence of the Contract. The Parties have agreed that Authority Owner shall be damaged in the event that Contractor fails to do the following: (i) obtain a Certificate of Final Acceptance for any a Trainset within a Fleet by the Trainset Acceptance Deadline for as described in Article 11.1. In addition, the Parties have agreed that Fleet; (ii) use approved Key Personnel; or (iii) Owner shall be damaged in the event Contractor fails to meet the Rolling Stock Cost CommitmentsPerformance Standards. The Parties further agree that that (ai) the damages to Authority and the public that would result from such delay or failures failure to meet the Performance Standards would include, but not be limited to, loss of revenues resulting from the loss of both current and potential ridership, increased project and personnel costs, additional maintenance costs and additional costs resulting from the use of replacement Equipmentequipment, and (bii) the extent of such damages would be uncertain in amount and very difficult to ascertain. Accordingly, the Parties have agreed to establish the liquidated damages set forth in this Article 12 11 and agree that these damages do not constitute a penalty but rather a reasonable prediction of portions of damages Authority Owner would incur as a result of such delays and failures. Contractor acknowledges and agrees that such liquidated damages are intended Contractor’s delay in delivering the Trainsets or as a result of Contractor’s failure to compensate Authority solely for meet the delays and failures described in this Article 12, and shall not excuse Contractor from liability for any other breach of Contract requirements, including any failure of the Work to conform to applicable requirementsPerformance Standards. The remedies provided for by this Article 12 11 are cumulative with and in addition to all other rights Authority Owner has hereunder and all other remedies to which Authority Owner is entitled at law or in equity with in respect to the of facts, circumstances, events or occurrences other than the delays and failures described in Articles 12.111.1 and 11.2, 12.2, it being understood that Owner shall not have the right to recover monetary damages solely for such delays and 12.3failures in excess of those contemplated by Article 15.