Common use of Liquidated Damages for Late Delivery Clause in Contracts

Liquidated Damages for Late Delivery. (a) The Parties acknowledge and agree that failure to meet the Delivery Dates will cause substantial financial loss or damage being sustained by the other Party. The Parties further acknowledge and agree that the following liquidated damages are believed to represent a genuine estimate of the loss that would be suffered by Customer by reason of any such delay (which losses would be difficult or impossible to calculate with certainty), and are neither intended as a penalty nor operate as a penalty. (b) In the event Contractor fails to Deliver the Satellite within [***Redacted***] of the scheduled Delivery Date, or such other date as may be mutually agreed to in writing by Contractor and Customer, Contractor agrees to pay Customer as liquidated damages and not as a penalty, the sum of [***Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day following any agreed to extension, if applicable. Damages shall be paid until the earlier of completion of Satellite Delivery or for a maximum of [***Redacted***] (the “Liquidated Damages Period”). The total amount of Liquidated Damages under this Section (b) for failure to meet the Delivery Date for the Satellite shall not exceed [***Redacted***]. (c) Notwithstanding anything else in this Agreement to the contrary, in the event and only to the extent that the failure to meet the Delivery Date is caused primarily (i) by Customer’s failure to provide Launch Services as scheduled, (ii) by the failure of Customer to deliver the WV110 Instrument for integration with the bus, or (iii) the failure by Customer to deliver any other CFE as scheduled (the “Customer Delay”) and the bus is ready for Instrument integration as agreed upon by the Parties, then Contractor will not be subject to Liquidated Damages for failure to meet the Delivery Date for such period of Customer Delay. (d) In the event of a Customer Delay or such other date as may be mutually agreed to in writing by Contractor and Customer and the Work to be delivered by Contractor hereunder is ready for the integration phase of the Satellite bus and the WV110 Instrument, Customer agrees to pay Contractor as liquidated damages and not as a penalty, the sum of [***Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day following any agreed to extension, if applicable. Damages shall be paid until the earlier of completion of Satellite Delivery or a maximum of [***Redacted***]. The total amount of liquidated damages under this Section (d) for failure to meet the Delivery Date for the Satellite shall not exceed [***Redacted***]. Any Delivery Dates and affected interim Milestone schedules shall be adjusted to account for such Customer Delay. It being understood that any Customer Delay shall be cumulative and any individual Customer Delay shall count against the [***Redacted***] of grace period. (e) In the event and only to the extent that each Party is delayed at the same time, neither Party shall be subject to Liquidated Damages for the period of the mutual delay.

Liquidated Damages for Late Delivery. (a) The Parties acknowledge and agree that failure to meet the Delivery Dates will cause substantial financial loss or damage being to be sustained by the other Party. The Parties further acknowledge and agree that the following liquidated damages are believed to represent a genuine estimate of the loss that would be suffered by Customer by reason of any such delay (which losses would be difficult or impossible to calculate with certainty), and are neither intended as a penalty nor operate as a penalty. (b) In the event Contractor fails to Deliver the Satellite within [***Redacted***] of the scheduled Delivery Date, or such other date as may be mutually agreed to in writing by Contractor and Customer, Contractor agrees to pay Customer as liquidated damages and not as a penalty, the sum of [**Redacted**] per [**Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day [**Redacted**] following any agreed to extension, if applicable. Damages shall be paid until the earlier of of; completion of Satellite Delivery or for a maximum of [***Redacted***] (the “Liquidated Damages Period”). The total amount of Liquidated Damages under this Section (b) for failure to meet the Delivery Date for the Satellite shall not exceed [***Redacted***]. (c) Notwithstanding anything else in this Agreement to the contrary, in the event and only to the extent that the failure to meet the Delivery Date is caused primarily (i) by Customer’s failure to provide Launch Services as scheduled, (ii) by the failure of Customer to deliver the WV110 WV3 Instrument for integration with the bus, or (iii) the failure by Customer to deliver any other CFE as scheduled (the “Customer Delay”) and the bus is ready for Instrument integration as agreed upon defined by the PartiesExhibit 1, then Contractor will not be subject to Liquidated Damages for failure to meet the Delivery Date for such period of Customer Delay. (d) In the event of a Customer Delay Delay, or such other date as may be mutually agreed to in writing by Contractor and Customer Customer, and the Work to be delivered by Contractor hereunder is ready for the integration phase of the Satellite bus and the WV110 Instrument[**Redacted**], Customer agrees to pay Contractor as liquidated damages and not as a penalty, the sum of [**Redacted**] per [**Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day following any agreed to extension, if applicable. Damages shall be paid until the earlier of completion of Satellite Delivery or a maximum of [***Redacted***]. The total amount of liquidated damages under this Section (d) for failure to meet the Delivery Date for the Satellite shall not exceed [***Redacted***]. Any Delivery Dates and affected interim Milestone schedules shall be adjusted to account for such Customer Delay. It being understood that any Customer Delay shall be cumulative and any individual Customer Delay shall count against the [***Redacted***] of grace period]. (e) In the event and only to the extent that each Party is delayed at the same time, neither Party shall be subject to Liquidated Damages for the period of the mutual delay.

Liquidated Damages for Late Delivery. (a) The Parties acknowledge and agree that failure to meet the Delivery Dates will cause substantial financial loss or damage being to be sustained by the other Party. The Parties further acknowledge and agree that the following liquidated damages are believed to represent a genuine estimate of the loss that would be suffered by Customer by reason of any such delay (which losses would be difficult or impossible to calculate with certainty), and are neither intended as a penalty nor operate as a penalty. (b) In the event Contractor fails to Deliver the Satellite within [***Redacted***] of the scheduled Delivery Date, or such other date as may be mutually agreed to in writing by Contractor and Customer, Contractor agrees to pay Customer as liquidated damages and not as a penalty, the sum of [**Redacted**] per [**Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day [**Redacted**] following any agreed to extension, if applicable. Damages shall be paid until the earlier of of; completion of Satellite Delivery or for a maximum of [***Redacted***] (the “Liquidated Damages Period”). The total amount of Liquidated Damages under this Section (b) for failure to meet the Delivery Date for the Satellite shall not exceed [***Redacted***]. (c) Notwithstanding anything else in this Agreement to the contrary, in the event and only to the extent that the failure to meet the Delivery Date is caused primarily (i) by Customer’s failure to provide Launch Services as scheduled, (ii) by the failure of Customer to deliver the WV110 WV3 Instrument for integration with the bus, or (iii) the failure by Customer to deliver any other CFE as scheduled (the “Customer Delay”) and the bus is ready for Instrument integration as agreed upon defined by the PartiesExhibit 1, then Contractor will not be subject to Liquidated Damages for failure to meet the Delivery Date for such period of Customer Delay. . (d) In the event of a Customer Delay Delay, or such other date as may be mutually agreed to in writing by Contractor and Customer Customer, and the Work to be delivered by Contractor hereunder is ready for the integration phase of the Satellite bus and the WV110 Instrument[**Redacted**], Customer agrees to pay Contractor as liquidated damages and not as a penalty, the sum of [**Redacted**] per [**Redacted***] for the period beginning on the [***Redacted***] of the delay or the first day following any agreed to extension, if applicable. Damages shall be paid until the earlier of completion of Satellite Delivery or a maximum of [***Redacted***]. The total amount of liquidated damages under this Section (d) for failure to meet the Delivery Date for the Satellite shall not exceed [***Redacted***]. Any Delivery Dates and affected interim Milestone schedules shall be adjusted to account for such Customer Delay. It being understood that any Customer Delay shall be cumulative and any individual Customer Delay shall count against the [***Redacted***] of grace period]. (e) In the event and only to the extent that each Party is delayed at the same time, neither Party shall be subject to Liquidated Damages for the period of the mutual delay.