Common use of Lane Closure Liquidated Damages Clause in Contracts

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.

Lane Closure Liquidated Damages. In its performance of the DB Work during “Xxxx Ex Work” (as defined in the DB Work Period, Contractor Xxxx 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 it Contractor fails to do so, it so Contractor shall pay Concessionaire to Concessionaire, on behalf of Design-Builder the amount that Concessionaire must pay of liquidated damages (and not as penalty) to be paid over to the Department by Concessionaire pursuant to Section 8.14 of the Comprehensive Agreement (the “Lane Closure Payment”) as liquidated damages and not as penalty), not to exceed $200,000 100,000 per incident for any Non-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 TTMS Work or for Contractor’s failure to perform its other obligations under either the Contract DocumentsComprehensive 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 DB Work during “395 Work” (as defined in the DB Work Period, Contractor 395 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 it Contractor fails to do so, it so Contractor shall pay Concessionaire to Concessionaire, on behalf of Design-Builder the amount that Concessionaire must pay of liquidated damages (and not as penalty) to be paid over to the Department by Concessionaire pursuant to Section 8.14 of the Comprehensive Agreement (the “Lane Closure Payment”) as liquidated damages and not as penalty), not to exceed $200,000 100,000 per incident for any Non-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 TTMS Work or for Contractor’s failure to perform its other obligations under either the Contract DocumentsComprehensive 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.