Common use of Liquidated Damages for Delay in Delivery Clause in Contracts

Liquidated Damages for Delay in Delivery. The Parties agree that the use of this Section, and/or the use of Section 4.8, Error Severity Level Description And Resolution Plan, may be applied as identified in the related Custom Software development Services Order. Upon discovery of anything indicating a reasonable certainty that Custom Software and/or Services will not be delivered by the scheduled Delivery Date, Supplier shall notify AT&T and provide the estimated length of delay. The Parties shall work jointly toward resolving the delayed delivery. If the Parties reach agreement on an extended Delivery Date and Supplier fails to meet the extended Delivery Date, then AT&T may (i) if such delay amounts to a material breach, exercise AT&T’s termination rights under the Agreement with respect to the applicable Order, (ii) [***] hereunder, and/or (iii) further extend the Delivery Date. No payments, progress or otherwise, made by AT&T to Supplier after any scheduled Delivery Date shall constitute a waiver of Liquidated Damages. Delivery Dates shall be extended as and to the extent Supplier is unable to meet the original Delivery Date due to causes outside of Supplier’s control. Such extension shall be proportionate to the delay caused by factors outside Supplier’s control. Notwithstanding anything to the contrary in the Agreement, in the event of Supplier’s failure to meet a Delivery Date as defined in the Services Order (as it may have been extended in accordance with the terms as set forth herein) AT&T shall be entitled to Liquidated Damages according to the following schedule: Days Late Liquidated Damages 0-14 $0 15-44 10% of fees under the Services Order 45-74 10% of fees under the Services Order 75+ 10% of fees under the Services Order This Agreement and information contained therein is not for use or disclosure outside of the parties to this agreement except under written agreement of the parties. AT&T Agreement No. 53258.A.005 The foregoing Liquidated Damages shall be calculated cumulatively and shall be capped at a total of thirty percent (30%) of the fees under the Services Order. AT&T’s taking of Liquidated Damages for failure to meet a Delivery Date shall not preclude AT&T from claiming actual damages in excess of the Liquidated Damages; provided, however, that the amount of Liquidated Damages taken by AT&T shall be deducted from any damages awarded to AT&T. Liquidated Damages taken by AT&T for failure to meet a Delivery Date shall be excluded from the limitations of liability set forth in the Agreement.

Liquidated Damages for Delay in Delivery. The Parties agree that the use of this Section, and/or the use of Section 4.8, Error Severity Level Description And Resolution Plan, may be applied as identified in the related Custom Software development Services Order. Upon discovery of anything indicating a reasonable certainty that Custom Software and/or Services will not be delivered by the scheduled Delivery Date, Supplier shall notify AT&T and provide the estimated length of delay. The Parties shall work jointly toward resolving the delayed delivery. If the Parties reach agreement on an extended Delivery Date and Supplier fails to meet the extended Delivery Date, then AT&T may (i) if such delay amounts to a material breach, exercise AT&T’s termination rights under the Master Services Agreement with respect to the applicable OrderSOW, (ii) [***] exercise its right to recover Liquidated Damages specified hereunder, and/or (iii) further extend the Delivery Date. No payments, progress or otherwise, made by AT&T to Supplier after any scheduled Delivery Date shall constitute a waiver of Liquidated Damages. Delivery Dates shall be extended as and to the extent Supplier is unable to meet the original Delivery Date due to causes outside of Supplier’s control. Such extension shall be proportionate to the delay caused by factors outside Supplier’s control. Notwithstanding anything to the contrary in the Master Services Agreement, in the event of Supplier’s failure to meet a Delivery Date as defined in the Services Order SOW (as it may have been extended in accordance with the terms as set forth herein) AT&T shall be entitled to Liquidated Damages according to the following schedule: Proprietary and Confidential This Agreement and information contained therein is not for use or disclosure outside of AT&T, its Affiliates, and third party representatives, and Supplier except under written agreement by the contracting parties. 107 Software and Professional Services Agreement Days Late Liquidated Damages 0-14 $0 15-44 10% of fees under the Services Order SOW 45-74 10% of fees under the Services Order SOW 75+ 10% of fees under the Services Order This Agreement and information contained therein is not for use or disclosure outside of the parties to this agreement except under written agreement of the parties. AT&T Agreement No. 53258.A.005 SOW The foregoing Liquidated Damages shall be calculated cumulatively and shall be capped at a total of thirty percent (30%) of the fees under the Services OrderSOW. AT&T’s taking of Liquidated Damages for failure to meet a Delivery Date shall not preclude AT&T from claiming actual damages in excess of the Liquidated Damages; provided, however, that the amount of Liquidated Damages taken by AT&T shall be deducted from any damages awarded to AT&T. Liquidated Damages taken by AT&T for failure to meet a Delivery Date shall be excluded from the limitations of liability set forth in the Master Services Agreement Proprietary and Confidential This Agreement and information contained therein is not for use or disclosure outside of AT&T, its Affiliates, and third party representatives, and Supplier except under written agreement by the contracting parties. 108 Software and Professional Services Agreement.

Liquidated Damages for Delay in Delivery. The Parties agree that the use of this Section, and/or the use of Section 4.8, Error Severity Level Description And Resolution Plan, may be applied as identified in the related Custom Software development Services Order. Upon discovery of anything indicating a reasonable certainty that Custom Software and/or Services will not be delivered by the scheduled Delivery Date, Supplier shall notify AT&T and provide the estimated length of delay. The Parties shall work jointly toward resolving the delayed delivery. If the Parties reach agreement on an extended Delivery Date and Supplier fails to meet the extended Delivery Date, then AT&T may (i) if such delay amounts to a material breach, exercise AT&T’s termination rights under the Master Services Agreement with respect to the applicable Order, (ii) [***] exercise its right to recover Liquidated Damages specified hereunder, and/or (iii) further extend the Delivery Date. No payments, progress or otherwise, made by AT&T to Supplier after any scheduled Delivery Date shall constitute a waiver of Liquidated Damages. Delivery Dates shall be extended as and to the extent Supplier is unable to meet the original Delivery Date due to causes outside of Supplier’s control. Such extension shall be proportionate to the delay caused by factors outside Supplier’s control. Notwithstanding anything to the contrary in the Master Services Agreement, in the event of Supplier’s failure to meet a Delivery Date as defined in the Services Order (as it may have been extended in accordance with the terms as set forth herein) AT&T shall be entitled to Liquidated Damages according to the following schedule: Days Late Liquidated Damages 0-14 $0 15-44 10% of fees under the Services Order 45-74 10% of fees under the Services Order 75+ 10% of fees under the Services Order This Agreement and information contained therein is not for use or disclosure outside of the parties to this agreement except under written agreement of the parties. AT&T Agreement No. 53258.A.005 The foregoing Liquidated Damages shall be calculated cumulatively and shall be capped at a total of thirty percent (30%) of the fees under the Services Order. AT&T’s taking of Liquidated Damages for failure to meet a Delivery Date shall not preclude AT&T from claiming actual damages in Proprietary and Confidential This Agreement and information contained therein is not for use or disclosure outside of AT&T, its Affiliates, and third party representatives, and Supplier except under written agreement by the contracting parties. Software and Professional Services Agreement excess of the Liquidated Damages; provided, however, that the amount of Liquidated Damages taken by AT&T shall be deducted from any damages awarded to AT&T. Liquidated Damages taken by AT&T for failure to meet a Delivery Date shall be excluded from the limitations of liability set forth in the Master Services Agreement.

Liquidated Damages for Delay in Delivery. The Parties agree that the use of this Section, and/or the use of Section 4.8, 4.8 Error Severity Level Description And Resolution Plan, may be applied as identified in the related Custom Software development Services Order. Upon discovery of anything indicating a reasonable certainty that Custom Software and/or Services will not be delivered by the scheduled Delivery Date, Supplier shall notify AT&T and provide the estimated length of delay. The Parties shall work jointly toward resolving the delayed delivery. If the Parties reach agreement on an extended Delivery Date and Supplier fails to meet the extended Delivery Date, then AT&T may (i) if such delay amounts to a material breach, exercise AT&T’s termination rights under the Agreement with respect to the applicable Order, (ii) [***] hereunder, and/or (iii) further extend the Delivery Date. No payments, progress or otherwise, made by AT&T to Supplier after any scheduled Delivery Date shall constitute a waiver of Liquidated Damages. Delivery Dates shall be extended as and to the extent Supplier is unable to meet the original Delivery Date due to causes outside of Supplier’s control. Such extension shall be proportionate to the delay caused by factors outside Supplier’s control. Notwithstanding anything to the contrary in the Agreement, in the event of Supplier’s failure to meet a Delivery Date as defined in the Services Order (as it may have been extended in accordance with the terms as set forth herein) AT&T shall be entitled to Liquidated Damages according to the following schedule: Days Late Liquidated Damages 0-14 $0 15-44 10% of fees under the Services Order 45-74 10% of fees under the Services Order 75+ 10% of fees under the Services Order This Agreement and information contained therein is not for use or disclosure outside of the parties to this agreement except under written agreement of the parties. AT&T Agreement No. 53258.A.005 The foregoing Liquidated Damages shall be calculated cumulatively and shall be capped at a total of thirty percent (30%) of the fees under the Services Order. AT&T’s taking of Liquidated Damages for failure to meet a Delivery Date shall not preclude AT&T from claiming actual damages in excess of the Liquidated Damages; provided, however, that the amount of Liquidated Damages taken by AT&T shall be deducted from any damages awarded to AT&T. Liquidated Damages taken by AT&T for failure to meet a Delivery Date shall be excluded from the limitations of liability set forth in the Agreement.. Proprietary and Confidential This Agreement and information contained therein is not for use or disclosure outside of AT&T, its Affiliates, and third party representatives, and Supplier except under written agreement by the contracting parties. Software and Professional Services Agreement

Liquidated Damages for Delay in Delivery. The Parties agree that the use of this Section, and/or the use of Section 4.8, Error Severity Level Description And Resolution Plan, may be applied as identified in the related Custom Software development Services Order. Upon discovery of anything indicating a reasonable certainty that Custom Software and/or Services will not be delivered by the scheduled Delivery Date, Supplier Amdocs shall notify AT&T SBC and provide the estimated length of delay. The Parties shall work jointly toward resolving the delayed delivery. If the Parties reach agreement on an extended Delivery Date and Supplier Amdocs fails to meet the extended Delivery Date, then AT&T SBC may (i) if such delay amounts to a material breach, exercise AT&TSBC’s termination rights under the Agreement with respect to the this applicable Order, (ii) [***] exercise its right to recover Liquidated Damages specified hereunder, and/or (iii) further extend the Delivery Date. No payments, progress or otherwise, made by AT&T SBC to Supplier Amdocs after any scheduled Delivery Date shall constitute a waiver of Liquidated Damages. Delivery Dates shall be extended as and to the extent Supplier Amdocs’ is unable to meet the original Delivery Date due to causes outside of Supplier’s Amdocs’ control. Such extension shall be proportionate to the delay caused by factors outside Supplier’s Amdocs’ control. Notwithstanding anything to the contrary in the Agreement, in the event of Supplier’s failure to meet a Delivery Date as defined in the Services Order above (as it may have been extended in accordance with the terms as set forth herein) AT&T SBC shall be entitled to Liquidated Damages according to the following schedule: Days Late Liquidated Damages 0-14 $0 15-44 10% of fees under the Services this Order 45-74 10% of fees under the Services this Order 75+ 10% of fees under the Services this Order This Agreement and information contained therein is not for use or disclosure outside of the parties to this agreement except under written agreement of the parties. AT&T Agreement No. 53258.A.005 The foregoing Liquidated Damages shall be calculated cumulatively and shall be capped at a total of thirty percent (30%) of the fees under the Services this Order. AT&TSBC’s taking of Liquidated Damages for failure to meet a Delivery Date shall not preclude AT&T SBC from claiming actual damages in excess of the Liquidated Damages; provided, however, that the amount of Liquidated Damages taken by AT&T SBC shall be deducted from any damages awarded to AT&T. SBC. Liquidated Damages taken by AT&T SBC for failure to meet a Delivery Date shall be excluded from the limitations of liability set forth in Section 3.18(B) of the Agreement.