Lane Closure Liquidated Damages Sample Clauses

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”).
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Lane Closure Liquidated Damages. In its performance of the DB Work during the DB Work Period, Contractor 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 fully reopen the closed lanes to traffic by the required time, and that if it fails to do so, it shall pay Concessionaire the amount that Concessionaire must pay to the Department pursuant to Section 8.14 of the Comprehensive Agreement (the “Lane Closure Payment”) as liquidated damages and not as penalty, not to exceed $200,000 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 DB Work or for Contractor’s failure to perform its other obligations under the Contract Documents. 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.
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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
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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 $400,000 per incident; provided, however, that under no circumstances shall any Lane Closure Liquidated Damages paid by the Developer count toward the per-incident cap where the Developer (i) intentionally causes, facilitates or allows to continue a Non-Permitted Closure in order to reduce its Allocable Costs for performing any Work during the Construction Period, or (ii) is not diligently and in good faith attempting to remedy any such Non-Permitted Closure.
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Lane Closure Liquidated Damages. The Section Developer may only close General Purpose Lanes in order to perform D&C Work and O&M Work in accordance with procedures and timeframes to be specified in the Section P3 Agreement. If the Section Developer closes the lanes outside of the times that lane closure is permitted by MDOT or exceeds the permitted closure times, the Section Developer shall pay MDOT liquidated damages in accordance with the below schedule, subject to CPI indexation. Lane Closure Liquidated Damages Liquidated Damage ($ per minute, per lane) Elapsed Time (min) I-495, I-270, I- 370, Xxxxxx Xxxxxxxxxx Memorial Parkway and All Ramps Shady Grove Road, MD 00, Xxxxxxxx Xxxx, XX 187, MD 190, MD 189 Democracy Boulevard 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
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Related to Lane Closure Liquidated Damages

  • Delay Liquidated Damages Delay Liquidated Damages has the meaning set out in GC 7.6.1.

  • CONTRACT TIME AND LIQUIDATED DAMAGES (7-1-95) (Rev. 12-18-07) 108 SP1 G10 A The date of availability for this contract is April 25, 2016. The completion date for this contract is October 15, 2017. Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds. The liquidated damages for this contract are Two Thousand Dollars ($ 2,000.00) per calendar day.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Obligation Absolute; Partial Liquidated Damages The Company’s obligations to issue and deliver the Conversion Shares upon conversion of this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person, and irrespective of any other circumstance which might otherwise limit such obligation of the Company to the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Company of any such action the Company may have against the Holder. In the event the Holder of this Debenture shall elect to convert any or all of the outstanding principal amount hereof, the Company may not refuse conversion based on any claim that the Holder or anyone associated or affiliated with the Holder has been engaged in any violation of law, agreement or for any other reason, unless an injunction from a court, on notice to Holder, restraining and or enjoining conversion of all or part of this Debenture shall have been sought and obtained, and the Company posts a surety bond for the benefit of the Holder in the amount of 150% of the outstanding principal amount of this Debenture, which is subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the underlying dispute and the proceeds of which shall be payable to the Holder to the extent it obtains judgment. In the absence of such injunction, the Company shall issue Conversion Shares or, if applicable, cash, upon a properly noticed conversion. If the Company fails for any reason to deliver to the Holder such Conversion Shares pursuant to Section 4(c)(ii) by the Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of principal amount being converted, $10 per Trading Day (increasing to $20 per Trading Day on the fifth (5th) Trading Day after such liquidated damages begin to accrue) for each Trading Day after such Share Delivery Date until such Conversion Shares are delivered or Holder rescinds such conversion. Nothing herein shall limit a Xxxxxx’s right to pursue actual damages or declare an Event of Default pursuant to Section 8 hereof for the Company’s failure to deliver Conversion Shares within the period specified herein and the Holder shall have the right to pursue all remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief. The exercise of any such rights shall not prohibit the Holder from seeking to enforce damages pursuant to any other Section hereof or under applicable law.

  • Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Liquidated Damages for Delay In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of $500.00 per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this $500.00 per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the is $500.00 per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.

  • Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of subsection 4.7 of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. If OGS determines that Contractor is liable for liquidated damages and such identified sums have not been withheld by OGS, Contractor shall pay such liquidated damages to OGS within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.

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