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LIQUIDATED DAMAGES FOR LATENESS Sample Clauses

LIQUIDATED DAMAGES FOR LATENESS. 13.1 PARTNER shall be considered in default in performing its obligations hereunder and can be held liable, if after failing in its performance and PARTNER has been properly advised of such non-performance within a reasonable time not exceeding thirty (30) days to cure or remedy such default, PARTNER fails to meet its obligations, or to meet its obligations in due time, in accordance with the agreement. Without limitation, the following is an example of lateness by PARTNER: 13.1.1 Goods To Be Transferred stated in the relevant Purchase Order or specific agreement do not meet the acceptance requirements on the date agreed per Location/Place; 13.1.2 The contracted Goods To Be Transferred to be transferred are not available at the time and place agreed by PARTNER in accordance with the terms and the relevant Purchase Order schedule, including without limitation where such lateness is due to damage or loss of goods during delivery. 13.2 PARTNER shall not be responsible to TELKOM for non-performance if such non-performance is due to (i) lateness or non-performance by TELKOM, or Investor in accordance with Article 28.10 or supplier of other Network equipment, or (ii) TELKOM's lateness in procuring an area, or (iii) force majeure pursuant to Article 9. In such events, PARTNER has the right to a reasonable time extension for the performance of its obligations. PARTNER shall take necessary steps to minimize any impact from such lateness and shall promptly inform TELKOM in writing of the time extension required, along with complete supporting information,. PARTNER's right to a time extension shall be limited to the time that would be due had PARTNER provided a prompt notice and taken all reasonable steps. 13.3 Liquidated damages for lateness per day shall be calculated on the basis of a percentage of the Contract Price set forth in each Purchase Order in respect of the relevant delayed Location of 6% per year, to the maximum of 5% of the Contract Price stated in the relevant Purchase Order. For the avoidance of doubt, if such non-performance is not cured within the period permitted pursuant to Article 13.1, or as agreed by the Parties, the liquidated damages shall be calculated and paid on the first day after such period. 13.4 Liquidated damages calculated for lateness of performance pursuant to Article 13 shall not prejudice any claim other than the financial claim that may be brought by TELKOM in relation to lateness for which PARTNER may be held responsible. Subj...

Related to LIQUIDATED DAMAGES FOR LATENESS

  • 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.

  • 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.

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

  • 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.

  • 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.

  • 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.

  • Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of subsection 4.7 of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. If OGS determines that Contractor is liable for liquidated damages and such identified sums have not been withheld by OGS, Contractor shall pay such liquidated damages to OGS within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.

  • CONTRACT TIME AND LIQUIDATED DAMAGES (7-1-95) (Rev. 12-18-07) 108 SP1 G10 A The date of availability for this contract is August 1, 2018. The completion date for this contract is December 10, 2019. 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 Five Hundred Dollars ($ 500.00) per calendar day.

  • 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.