Late Lane Re-Opening Sample Clauses

Late Lane Re-Opening. If VDOT permits the temporary closure of lanes to traffic on the Capital Beltway to enable the Work to be performed hereunder and Concessionaire notifies Contractor thereof and the conditions of such permission, Contractor agrees that it will fully reopen the closed lanes to traffic by the time specified by VDOT in its permission, and that if it fails to do so, it shall pay Concessionaire the amount that Concessionaire must pay VDOT pursuant to Section 7.01(f)(ii) of the Comprehensive Agreement (the “Late Lane Opening Payment”) as liquidated damages and not as penalty. The Late Lane Opening Payment shall be the measure of Contractor’s liability only for delay in re-opening the lanes pursuant to this Section 7.8, and shall not limit Contractor’s liability for defects or deficiencies in the Work or for Contractor’s failure to perform its other obligations under the Contract Documents. The Late Lane Opening 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 designed 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 Late Lane Opening Payment not timely paid to Concessionaire hereunder.
Sample 1
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