- LIQUIDATED DAMAGES FOR KEY PERSONNEL Sample Clauses

- LIQUIDATED DAMAGES FOR KEY PERSONNEL. 4.1 Consultant and District agree that the personal services of the Key Personnel is a material term of the Agreement, and substitution or removal or change in role or level of effort, of such Key Personnel would result in damages to the District, the measure of which would be impractical or extremely difficult to fix, and in lieu of which District and Consultant have agreed to liquidated damages as described below. 4.2 District may assess and Consultant shall accept liquidated damages in the amount of three (3) times the gross monthly salary for unauthorized substitutions of any Key Personnel. 4.3 No liquidated damages shall be due under this paragraph if the substitution is required due to death, incapacity, or resignation of Key Personnel. 4.4 District in its sole discretion, may elect to waive, reduce or delay implementation of liquidated damages.
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- LIQUIDATED DAMAGES FOR KEY PERSONNEL. 2 8.6.2.1 If individuals filling certain Key Personnel positions (i) are not 3 performing the roles identified for those individuals in Exhibit 9, (ii) do not maintain active 4 involvement in the prosecution and performance of the Work, or (iii) do not commit the 5 amount of time specified in Exhibit 9 for the particular Key Personnel role, Developer 6 acknowledges that ADOT, the Work, and the Project will suffer significant and substantial 7 Losses due to the unavailability of that individual. 8 8.6.2.2 Developer and ADOT acknowledge that it is impracticable and 9 extremely difficult to determine the actual Losses that would accrue to ADOT in the event 10 of such unavailability of Key Personnel. Accordingly, and subject to Section 8.6.3, if at 11 any time, an individual filling a Key Personnel position shown in the table in this Section 12 8.6.2.2 is (i) not performing the role identified for that individual in Exhibit 9, (ii) not actively 13 involved in the prosecution and performance of the Work (regardless of whether the 14 individual is replaced by another individual approved by ADOT), or (iii) not committing the 15 amount of time specified in Exhibit 9 for the particular Key Personnel role, Developer shall 16 pay ADOT Liquidated Damages in the amount set forth in this Section 8.6.2.2 based on 17 the individual’s Key Personnel position. Key Personnel Position Liquidated Damages Project Manager $275,000.00 Construction Manager $225,000.00 Design Manager $225,000.00 Maintenance of Traffic Manager $225,000.00 Public Relations Manager $225,000.00 18 8.6.2.3 Developer understands and agrees that any Liquidated 19 Damages payable under Section 8.6.2.2 are not a penalty and that such sums are 20 reasonable under the circumstances existing as of the Effective Date. The Parties have 21 agreed to Liquidated Damages under this Section 8.6.2 to fix and limit Developer’s costs 22 and to avoid later disputes over the amount of damages that ADOT has suffered and are
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Related to - LIQUIDATED DAMAGES FOR KEY PERSONNEL

  • 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.

  • 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.

  • 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.

  • Delay Liquidated Damages Delay Liquidated Damages has the meaning set out in GC 7.6.1.

  • 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.

  • 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.

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.

  • 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.

  • No Damages for Delay The Contractor has no claim for monetary damages for delay or hindrances to the Work from any cause, including without limitation any act or omission of the Owner.

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