Liquidated Damages for Delay in Substantial Completion. .1 Design/Builder shall be assessed (amount and no/100 dollars) ($amount) per day as liquidated damages for each day of unexcused delay in achieving Substantial Completion beyond the Scheduled Completion Date.
.2 Any sums due and payable under this Paragraph 7.3 by Design/Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this Agreement. Such liquidated damages shall apply regardless of whether Design/Builder has been terminated by Owner prior to Substantial Completion so long as Design/Builder’s actions or inactions substantially caused the delay; provided, however, that if Design/Builder is in substantial compliance with the project schedule at the time of termination, no liquidated damages will be assessed against Design/Builder. All liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Design/Builder’s performance hereunder for matters other than delays in Substantial Completion. When Owner reasonably believes that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due to Design/Builder an amount then believed by Owner to be adequate to recover liquidated damages applicable to such delays. Owner shall provide Design/Builder a ten (10) day notice of its intent to withhold liquidated damages and the amount of said liquidated damages to be withheld. If and when Design/Builder overcomes the delay in achieving Substantial Completion, or any part thereof, for which Owner has withheld payment, Owner shall promptly release to Design/Builder those funds withheld, but no longer applicable as liquidated damages.
Liquidated Damages for Delay in Substantial Completion. In the event the Substantial Completion of the Tenant Improvements has not occurred (or been deemed to have occurred) by September 30, 1999 (as such date may be adjusted for Excusable Delays), Landlord shall credit Tenant with two (2) days of free Base Rent for each day and every day that Substantial Completion occurs after September 30, 1999 (as such date may be adjusted for Excusable Delays) through and including October 7, 1999 (as such date may be adjusted for Excusable Delays) and, thereafter, with one (1) day of free Base Rent for each and every day that Substantial Completion occurs after October 7, 1999 (as may be adjusted for Excusable Delays). LANDLORD AND TENANT AGREE THAT TENANT'S ACTUAL DAMAGES IN THE EVENT OF A DELAY IN THE SUBSTANTIAL COMPLETION DATE BEYOND THE ESTIMATED LEASE COMMENCEMENT DATE (AS MAY BE ADJUSTED), WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE AND THAT THE AMOUNTS DESIGNATED ABOVE AS LIQUIDATED DAMAGES PAYABLE BY LANDLORD TO TENANT IN SUCH EVENTS ARE EACH REASONABLE AMOUNTS TO BE SET AS DAMAGES FOR SUCH EVENTS UNDER THE CIRCUMSTANCES EXISTING AT THE TIME THIS LEASE HAS BEEN ENTERED INTO. IN CONSIDERATION OF THE PAYMENT OF LIQUIDATED DAMAGES, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.2 BELOW, TENANT SHALL BE DEEMED TO HAVE WAIVED ALL OTHER CLAIMS FOR DAMAGES OR RELIEF AT LAW OR IN EQUITY DUE TO SUCH DELAY INCLUDING ANY RIGHTS TO SPECIFIC PERFORMANCE TENANT MAY OTHERWISE HAVE. Tenant: /s/ [Illegible] Landlord: /s/ [Illegible] --------------------- ---------------------
Liquidated Damages for Delay in Substantial Completion. If Seller fails to achieve Substantial Completion prior to the Substantial Completion LD Commencement Date, then commencing on the Substantial Completion LD Commencement Date, Seller shall pay Buyer liquidated damages, for each day until Seller achieves Substantial Completion, in an amount equal to (a) fifty thousand Dollars ($50,000.00) per day if the Project is Dispatchable and
Liquidated Damages for Delay in Substantial Completion. Subject to extension for force majeure as provided in this Agreement, Professional/Contractor shall pay Corporation the sum of FOUR HUNDRED AND NO/100 Dollars ($400.00) per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the Scheduled Completion Date. Any sums due and payable hereunder by Professional/Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Corporation, estimated at the time of executing this Agreement. Such liquidated damages shall apply regardless of whether Professional/Contractor has been terminated by Corporation prior to Substantial Completion so long as Professional/Contractor's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to, and not in preclusion of, the recovery of actual damages resulting from other defects in Professional/Contractor's performance hereunder for matters other than delays in Substantial Completion. When Corporation reasonably believes that Substantial Completion will be inexcusably delayed, Corporation shall be entitled, but not required, to withhold from any amounts otherwise due to Professional/Contractor an amount then believed by Corporation to be adequate to recover liquidated damages applicable to such delays. If and when Professional/Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which Corporation has withheld payment, Corporation shall promptly release to Professional/Contractor those funds withheld, but no longer applicable as liquidated damages.
Liquidated Damages for Delay in Substantial Completion. The CM/GC shall be subject to an assessment as set forth in Exhibit F as liquidated damages for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the scheduled Completion Date.
Liquidated Damages for Delay in Substantial Completion. If the Project fails to achieve the Substantial Completion Date on or prior to close of business on the Substantial Completion Guaranteed Date, then Developer shall pay to PacifiCorp liquidated damages for each day until the Project achieves the Substantial Completion Date, in an amount equal to [ ($ )] per day for the first thirty-one (31) days following the Substantial Completion Guaranteed Date and [ (collectively, the “Delay Liquidated Damages”). ($ )] per day thereafter
Liquidated Damages for Delay in Substantial Completion. If Contractor fails to achieve Substantial Completion on or before the Guaranteed Substantial Completion Date, then commencing on the day following the Guaranteed Substantial Completion Date, Contractor shall pay Company Liquidated Damages, for each day until Contractor achieves Substantial Completion, in the following amounts (collectively, “Late Substantial Completion LDs”):
(a) during the initial sixty (60) days following the Guaranteed Substantial Completion Date, an amount equal to five thousand Dollars ($5,000) per day; and
(b) after the sixtieth (60th) day following the Guaranteed Substantial Completion Date, an amount equal to ten thousand Dollars ($10,000) per day. In no event shall the Late Substantial Completion LDs exceed ten percent (10%) of the Contract Price.
Liquidated Damages for Delay in Substantial Completion. If the conditions for Substantial Completion have not been satisfied on or prior to close of business on the Substantial Completion Guaranteed Date, then Contractor shall pay Owner liquidated damages, for each day until Substantial Completion has been achieved, in an amount equal to One Hundred and Forty Thousand Dollars ($) per day for the first thirty-one (31) days following the Substantial Completion Guaranteed Date and Two Hundred and Thirty Thousand Dollars ($) per day thereafter (collectively, the “Delay Liquidated Damages”).
Liquidated Damages for Delay in Substantial Completion. If the ------------------------------------------------------ Commencement Date has not occurred (or been deemed to have occurred) by the Target Commencement Date, as it may be adjusted as described in Section 2.4, above, then Landlord shall pay Tenant liquidated damages of Two Thousand Five Hundred Dollars ($2,500) per day for each day the Commencement Date is delayed beyond the Target Commencement Date (as adjusted pursuant to Section 2.4, above) for up to six (6) months after the Target Commencement Date (as adjusted pursuant to Section 2.4, above). Such liquidated damages shall be paid within thirty (30) days after the end of each month of delay beyond the Target Commencement Date. In addition to Tenant's rights to such liquidated damages, Tenant shall have the right to terminate this Lease if the delay in the Commencement Date beyond the Target Commencement Date (as adjusted pursuant to Section 2.4, above) exceeds six (6)
Liquidated Damages for Delay in Substantial Completion. The CM/GC shall be subject to an assessment as set forth in Exhibit F as liquidated damages for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the scheduled Completion Date.
§ 16.1.1. Any sums owed hereunder by the CM/GC shall be payable not as a penalty but as liquidated damages, representing an estimate of delay damages likely to be sustained by the Owner estimated at the time of this Contract. When the Design Professional reasonably believes that Substantial Completion will be inexcusably delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the CM/GC an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. The Owner shall provide CM/GC a ten (10) day notice of its intent to withhold liquidated damages and the amount of said liquidated damages to be withheld. If and when the CM/GC overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the CM/GC those funds withheld, but no longer applicable, as liquidated damages. The Liquidated Damages described herein shall be the Owner’s sole and exclusive remedy for delay, however, the Owner shall retain all remedies at law or in equity for any such other breach of this agreement.
