Common use of Key Personnel Unavailability Liquidated Damages Clause in Contracts

Key Personnel Unavailability Liquidated Damages. As deemed compensation to TxDOT for Losses described in Section 8.3.1.5 of the General Conditions, DB Contractor agrees to pay to TxDOT the following Key Personnel Unavailability Liquidated Damages amounts in accordance with such section, for each day that the relevant Key Personnel role is not filled by an approved individual: POSITION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM NTP1 to COMMENCEMENT of CONSTRUCTION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM COMMENCEMENT of CONSTRUCTION to FINAL ACCEPTANCE Project Manager $36,000 $36,000 Construction Manager $17,000 $34,000 Design Manager $20,000 $10,000 Independent Quality Firm Manager $15,000 $31,000 Lead Structural Engineer $18,000 $9,000 Lead Maintenance of Traffic (MOT) Design Engineer $18,000 $9,000 Professional Services Quality Assurance Manager $21,000 $10,000 Lead MOT Implementation Manager $10,000 $21,000 Utility Manager $16,000 $16,000 POSITION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM NTP1 to COMMENCEMENT of CONSTRUCTION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM COMMENCEMENT of CONSTRUCTION to FINAL ACCEPTANCE Safety Manager $9,000 $19,000 DB Contractor further agrees and acknowledges that: 7.5.1 As of the Effective Date, the amounts of Liquidated Damages, Qualifying Delay Late Fees, Key Personnel Change Fees and Lane Rental Charges set forth herein represent good faith estimates and evaluations by the Parties as to the actual potential damages that TxDOT would incur as a result of DB Contractor’s act or omission, and do not constitute a penalty. 7.5.2 DB Contractor further acknowledges that these damages are incapable of accurate measurement because of, among other things, the unique nature of the Project and the unavailability of a substitute for it.

Key Personnel Unavailability Liquidated Damages. As deemed compensation to TxDOT for Losses described in Section 8.3.1.5 of the General Conditions, DB Contractor agrees to pay to TxDOT the following Key Personnel Unavailability Liquidated Damages amounts in accordance with such section, for each day that the relevant Key Personnel role is not filled by an approved individual: POSITION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM NTP1 to COMMENCEMENT of CONSTRUCTION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM COMMENCEMENT of CONSTRUCTION to FINAL ACCEPTANCE Project Manager $36,000 17,000 $36,000 17,000 Construction Manager $17,000 14,000 $34,000 14,000 Design Manager $20,000 8,000 $10,000 Independent Quality Firm Manager $15,000 $31,000 4,000 Lead Structural Engineer $18,000 7,000 $9,000 3,000 Lead Maintenance of Traffic (MOT) Design Engineer $18,000 7,000 $9,000 3,000 Independent Quality Firm Manager $6,000 $12,000 Professional Services Quality Assurance Manager $21,000 8,000 $10,000 4,000 Lead MOT Implementation Manager $10,000 4,000 $21,000 8,000 Utility Manager $16,000 7,000 $16,000 7,000 POSITION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM NTP1 to COMMENCEMENT of CONSTRUCTION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM COMMENCEMENT of CONSTRUCTION to FINAL ACCEPTANCE Safety Manager $9,000 3,000 $19,000 DB Contractor further agrees and acknowledges that: 7.5.1 As 7,000 If at any time an individual filling more than one Key Personnel role has not been replaced in more than one Key Personnel role, the higher of the Effective Date, the amounts of Liquidated Damages, Qualifying Delay Late Fees, applicable Key Personnel Change Fees and Lane Rental Charges set forth herein represent good faith estimates and evaluations by the Parties Unavailability Liquidated Damages amounts shall be deemed as compensation to the actual potential damages that TxDOT would incur as a result of DB Contractor’s act or omission, and do not constitute a penalty. 7.5.2 DB Contractor further acknowledges that these damages are incapable of accurate measurement because of, among other things, the unique nature for Losses described in Section 8.3.1.5 of the Project and the unavailability of a substitute for itGeneral Conditions.

Key Personnel Unavailability Liquidated Damages. As deemed compensation to TxDOT for Losses described in Section 8.3.1.5 of the General Conditions, DB Contractor agrees to pay to TxDOT the following Key Personnel Unavailability Liquidated Damages amounts in accordance with such section, for each day that the relevant Key Personnel role is not filled by an approved individual: POSITION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM NTP1 to COMMENCEMENT of CONSTRUCTION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM COMMENCEMENT of CONSTRUCTION to FINAL ACCEPTANCE Project Manager $36,000 17,000 $36,000 17,000 Construction Manager $17,000 14,000 $34,000 14,000 Design Manager $20,000 8,000 $10,000 Independent Quality Firm Manager $15,000 $31,000 4,000 Lead Structural Engineer $18,000 7,000 $9,000 3,000 Lead Maintenance of Traffic (MOT) Design Engineer $18,000 7,000 $9,000 3,000 Independent Quality Firm Manager $6,000 $12,000 Professional Services Quality Assurance Manager $21,000 8,000 $10,000 Lead MOT Implementation Manager $10,000 $21,000 Utility Manager $16,000 $16,000 4,000 POSITION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM NTP1 to COMMENCEMENT of CONSTRUCTION KEY PERSONNEL UNAVAILABILITY LIQUIDATED DAMAGES (per day) FROM COMMENCEMENT of CONSTRUCTION to FINAL ACCEPTANCE Lead MOT Implementation Manager $4,000 $8,000 Utility Manager $7,000 $7,000 Safety Manager $9,000 3,000 $19,000 DB Contractor further agrees and acknowledges that: 7.5.1 As 7,000 If at any time an individual filling more than one Key Personnel role has not been replaced in more than one Key Personnel role, the higher of the Effective Date, the amounts of Liquidated Damages, Qualifying Delay Late Fees, applicable Key Personnel Change Fees and Lane Rental Charges set forth herein represent good faith estimates and evaluations by the Parties Unavailability Liquidated Damages amounts shall be deemed as compensation to the actual potential damages that TxDOT would incur as a result of DB Contractor’s act or omission, and do not constitute a penalty. 7.5.2 DB Contractor further acknowledges that these damages are incapable of accurate measurement because of, among other things, the unique nature for Losses described in Section 8.3.1.5 of the Project and the unavailability of a substitute for itGeneral Conditions.