Lane Closure Liquidated Damages Sample Clauses
The Lane Closure Liquidated Damages clause establishes a predetermined financial penalty for a contractor if lane closures extend beyond the agreed-upon timeframes. In practice, this means that for each hour or day a lane remains closed past the specified deadline, the contractor must pay a set amount to the project owner. This clause incentivizes timely completion of work affecting traffic flow and compensates the owner for potential disruptions, ultimately ensuring that roadways are reopened promptly and minimizing inconvenience to the public.
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Lane Closure Liquidated Damages. In its performance of the “▇▇▇▇ Ex Work” (as defined in the ▇▇▇▇ Ex Design-Build Contract) Design-Builder may temporarily close existing lanes on the Project Right of Way only in accordance with the Technical Requirements, and any such closure that does not conform with or exceeds the time period permitted therefor in the Technical Requirements is a “Non-Permitted Closure.” Contractor agrees that it will completely abide with the conditions of the closure to allow Design-Builder to close and then fully reopen the closed lanes to traffic by the required time, and that if Contractor fails to do so Contractor shall pay to Concessionaire, on behalf of Design-Builder the amount of liquidated damages (and not as penalty) to be paid over to the Department by Concessionaire pursuant to the Comprehensive Agreement (the “Lane Closure Payment”), not to exceed $100,000 per incident for any Non- Permitted Closure. The Lane Closure Payment shall be the measure of Contractor’s liability only for delay in re-opening the lanes pursuant to this Section 7.5, and shall not limit Contractor’s liability for defects or deficiencies in the TTMS Work or for Contractor’s failure to perform its other obligations under either the Comprehensive Agreement or this Agreement. The Lane Closure Payment shall be paid by Contractor or withheld by Concessionaire, as applicable, in arrears at the payment intervals applicable to Scheduled Payments beginning after the designated time for re-opening of the affected lanes. Concessionaire’s rights of set-off under Section 4.7 hereof expressly apply to any amounts of the Lane Closure Payment not timely paid to Concessionaire hereunder. Contractor is liable for any liquidated damages assessed as a result of Contractor’s violation of the closure limitations defined in the Technical Requirements.
Lane Closure Liquidated Damages. In its performance of the Work during the Construction Period, the Developer may temporarily close existing lanes on the Project Right of Way only in accordance with the Technical Requirements. Any such closure that exceeds the time period permitted therefor in the Technical Requirements is a “Non-Permitted Closure”. If a Non-Permitted Closure occurs, the Department will notify the Developer thereof and of the associated Lane Closure Damages, in writing, within 48 hours. The Developer will pay to the Department the liquidated damages set forth below (the “Lane Closure Liquidated Damages”) at the time and in the manner set forth in the Technical Requirements. 1-5, or any portion thereof $0 $0 $0 Every additional minute or portion thereof after the initial five minutes stated above. $8,000 for the sixth minute plus $1,500 per each additional minute $2,500 for the sixth minute plus $500 per each additional minute $500 for the sixth minute plus $500 per each additional minute The Lane Closure Liquidated Damages paid by the Developer for any Non-Permitted Closure will not exceed $400,000 per incident; provided, however, that under no circumstances shall any Lane Closure Liquidated Damages paid by the Developer count toward the per-incident cap where the Developer (i) intentionally causes, facilitates or allows to continue a Non-Permitted Closure in order to reduce its Allocable Costs for performing any Work during the Construction Period, or (ii) is not diligently and in good faith attempting to remedy any such Non-Permitted Closure.
Lane Closure Liquidated Damages. 1 Design-Builder shall pay to Department liquidated damages for any Non- Permitted Lane Closure and any Non-Permitted Interstate Closure (“Lane Closure Liquidated Damages”).
Lane Closure Liquidated Damages. In its performance of the Work during the Construction Period, the Developer may temporarily close existing lanes on the Project Right of Way only in accordance with the Technical Requirements. Any such closure that exceeds the time period permitted therefor in the Technical Requirements is a “Non-Permitted Closure”. If a Non-Permitted Closure occurs, the Department will notify the Developer thereof and of the associated Lane Closure Damages, in writing, within 48 hours. The Developer will pay to the Department the liquidated damages set forth below (the “Lane Closure Liquidated Damages”) at the time and in the manner set forth in the Technical Requirements. 1-5, or any portion thereof $0 $0 $0 Every additional minute or portion thereof after the initial five minutes stated above. $8,000 plus $1,500 per each additional minute $2,500 plus $500 per each additional minute $500 plus $500 per each additional minute
Lane Closure Liquidated Damages. The Section Developer may only close General Purpose Lanes in order to perform D&C Work and O&M Work in accordance with procedures and timeframes to be specified in the Section P3 Agreement. If the Section Developer closes the lanes outside of the times that lane closure is permitted by MDOT or exceeds the permitted closure times, the Section Developer shall pay MDOT liquidated damages in accordance with the below schedule, subject to CPI indexation. Lane Closure Liquidated Damages Liquidated Damage ($ per minute, per lane) Elapsed Time (min) ▇-▇▇▇, ▇-▇▇▇, ▇- ▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Memorial Parkway and All Ramps Shady Grove Road, MD 28, Montrose Road, MD 187, MD 190, MD ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ All Other Roads 0-5, or any portion thereof $3,500 $2,000 $1,000 Every additional minute or portion thereof after the initial 5 minutes stated above $3,500 per each additional minute after initial 5 minutes $2,000 per each additional minute after initial 5 minutes $1,000 per each additional minute after initial 5 minutes
Lane Closure Liquidated Damages. If a Non-Permitted Closure occurs, the LA DOTD will be entitled to assess Lane Closure Liquidated Damages, which are subject to Indexation, in accordance with Exhibit N.