Liability for Liquidated Damages Sample Clauses

Liability for Liquidated Damages. (a) The Parties acknowledge and agree that the Performance Liquidated Damages, Delay Liquidated Damages and Key Personnel LDs payable under this Agreement (i) are a genuine pre-estimate of the anticipated or actual Loss that will be suffered or incurred by Company as a result of the applicable event; (ii) do not constitute penalties and are agreed upon and fixed because of the difficulty of ascertaining the exact amount of Loss that Company would suffer in such circumstances; (iii) shall be applicable regardless of the actual Loss that Company sustains; and (iv) will be recoverable from Contractor as a debt due and payable to Company. Contractor hereby waives any right to contest the validity or enforceability of the Performance Liquidated Damages, Delay Liquidated Damages or Key Personnel LDs provisions of this Agreement. (b) Contractor’s total liability for Delay Liquidated Damages shall not exceed eight percent (8%) of the Contract Price. (c) Contractor’s total liability for Performance Liquidated Damages shall not exceed eight percent (8%) of the Contract Price. (d) Contractor’s total aggregate liability for Delay Liquidated Damages, Performance Liquidated Damages and Key Personnel LDs shall not exceed fifteen percent (15%) of the Contract Price. (e) Subject to the Company’s rights under Section 5.4, unless and until Contractor’s liability for Delay Liquidated Damages reaches the cap specified in Section 6.15(b) and/or Section 6.15(d) (at which point Company shall also have the remedies set forth in Article 13), (i) the payment of Delay Liquidated Damages shall be Contractor’s sole and exclusive liability for Contractor’s unexcused failure to achieve the Guaranteed Substantial Completion Date, (ii) Company’s sole and exclusive remedy for Contractor’s unexcused failure to achieve the Guaranteed Substantial Completion Date, (iii) all other remedies under this Agreement, at law, or in equity for failure to achieve Substantial Completion by the Guaranteed Substantial Completion Date are waived; (iv) failure to achieve Substantial Completion by the Guaranteed Substantial Completion Date is not to be deemed to be a Contractor Event of Default, and (v) Company shall not, prior to expiration of the XX Xxxxx Period, be entitled to draw upon Contractor’s Performance Security in respect of a failure to achieve Substantial Completion by the Guaranteed Substantial Completion Date.
Sample 1
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Liability for Liquidated Damages. In the event either the Company or the District shall inadvertently, wilfully, or from any cause, including any order of the Arizona Corporation Commission, or other regulating body, or court of competent jurisdiction, sell, donate or deliver electric power and energy in violation of the provisions of this Agreement, then such party, so long as it continues so to do, shall pay to the other party liquidated damages for such sale, donation or delivery determined in the manner hereinafter provided.
Sample 1
Liability for Liquidated Damages. If the Supplier fails to Deliver any Good by the relevant Date for Delivery, the Supplier must pay as a debt due to ONSTREAM Liquidated Damages for each day (or part of a day) between the Date for Delivery and the actual date of Delivery of that Good.
Sample 1
Liability for Liquidated Damages. If the Contractor does not achieve Practical Completion by the Date for Practical Completion, the Contractor will be liable to the Principal for liquidated damages for the amount identified in the relevant Work Order for every day or part of a day from the Date for Practical Completion up to and including the earliest of the Date of Practical Completion and termination of the Contract. That amount will be a debt due from the Contractor to the Principal.
Sample 1
Liability for Liquidated Damages. Subject to clause 11, if Completion has not been reached by the Date for Completion, then the Contractor will be indebted to the Council for liquidated damages at the Liquidated Damages Rate for every day after the Date for Completion to and including the earlier of the Date of Completion or the termination of this Agreement. The Council acknowledges and agrees that the compensation provided for in this clause is the only monetary relief to which it is entitled for any delay to the Date of Practical Completion as contemplated by this clause.
Sample 1
Liability for Liquidated Damages. Not used; (l) (m) :
Sample 1

Related to Liability for Liquidated Damages

  • 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.

  • 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.

  • 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.

  • 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.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

  • 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.

  • 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.

  • 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.

  • 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.

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