Liquidated Damages for Lane Closures. The Liquidated Damages for Lane Closures for which DB Contractor may be liable pursuant to Section 8.6.2 of the General Conditions shall be as set forth in Exhibit 15 to this DBA. DB Contractor acknowledges and agrees that such Liquidated Damages for Lane Closures are reasonable in order to compensate TxDOT for damages it will incur as a result of such Lane Closures.
Liquidated Damages for Lane Closures. 12.4.1 Maintenance Contractor acknowledges and agrees that because of the unique nature of the Project, the fact that it is an essential part of the Texas highway system, and the fact that inconvenience to the traveling public will be one of the significant impacts of any failure by Maintenance Contractor to perform the Maintenance Services in an efficient and timely manner, it is impracticable and extremely difficult to ascertain and determine the actual Losses which would accrue to TxDOT and the public in such event. Consequently, Maintenance Contractor agrees to pay TxDOT the following sums of money (“Liquidated Damages for Lane Closures”) as deemed compensation to TxDOT resulting from Maintenance Contractor’s failure to meet the Lane Closure restrictions herein. Maintenance Contractor further acknowledges and agrees that such amounts are in the nature of liquidated damages and not a penalty and that such sums are reasonable under the circumstances existing as of the Effective Date.
Liquidated Damages for Lane Closures. 12.4.1.1. Maintenance Contractor acknowledges and agrees that because of the unique nature of the Project, the fact that it is an essential part of the Texas highway system, and the fact that inconvenience to the traveling public will be one of the significant impacts of any failure by Maintenance Contractor to perform the Maintenance Services in an efficient and timely manner, it is impracticable and extremely difficult to ascertain and determine the actual Losses which would accrue to TxDOT and the public in such event. Consequently, Maintenance Contractor agrees to pay TxDOT the following sums of money (“Liquidated Damages for Lane Closures”) as deemed compensation to TxDOT resulting from Maintenance Contractor’s failure to meet the Lane Closure restrictions set forth in Attachment 6 to Exhibit 2. Maintenance Contractor further acknowledges and agrees that such amounts are in the nature of liquidated damages and not a penalty and that such sums are reasonable under the circumstances existing as of the Effective Date. Maintenance Contractor shall not be required to pay Liquidated Damages for Lane Closures if TxDOT, in its discretion, determines that the applicable Lane Closure is required in connection with an Incident or Emergency. In the case of such Incident or Emergency, Maintenance Contractor shall respond to such Incident or Emergency and assess the level of personnel and resources necessary to safely secure the area in accordance with the Section 3.2.
