Liquidated Damages for Non-Performance Sample Clauses

Liquidated Damages for Non-Performance. Time is of the essence in the performance of the work assigned pursuant to this Agreement. Contractor shall initially respond to maintenance calls and complete repair work within the timeframes specified in the Scope of Work. County and Contractor recognize that, since time is of the essence for this Agreement, County will suffer financial loss if the Contractor fails to perform in accordance with the Scope of Work. Should Contractor fail to perform in accordance with the Scope of Work, County shall be entitled to assess, as liquidated damages, the following: A) Failure to timely transmit Maintenance Records within three (3) business days of completion of assigned work- $1,000 per occurrence/per day until provided. B) Failure to complete repair work within the timeframes specified in the Scope of Work- C) Failure to comply with FDOT Maintenance of Traffic Standards- $1,000 per occurrence/per day until compliance is achieved. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Contractor fails to perform in accordance with the Scope of Work. If Contractor fails to perform in accordance with the Scope of Work, the County also reserves the right to order the Contractor to suspend performance and procure another Contractor to complete all or a portion of the work. All direct, indirect, and consequential costs incurred by the County for completion of said work shall be charged against the Contractor. The foregoing remedies shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County's exclusive remedy in the event of the Contractor’s material default of the Agreement.
Sample 1
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Liquidated Damages for Non-Performance. It is acknowledged that the Contractor’s non-performance of the Work set forth in Exhibit D at the Sites will cause the Judicial Council to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Judicial Council of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for non-performance of such Work, the Contractor agrees that liquidated damages may be assessed and recovered by the Judicial Council against Contractor, in the event of non-performance of Work referenced in Exhibit D, and without the Judicial Council being required to present any evidence of the amount or actual damages sustained by reason of non- performance thereof; therefore Contractor shall be liable to the Judicial Council for payment of liquidated damages at reasonable amounts set forth in the table below per day for each non- performance infraction either observed, reported or documented at any Site. Said liquidated damages shall be realized by the Judicial Council with the first invoice following the non- performance infraction with a credit of payment to the Judicial Council from the Contractor. The action noted above shall not be construed as a penalty, but as an adjustment of payment to the Contractor for the Judicial Council to recover costs due to Contractor’s non- performance or failure to comply with the provisions set forth in the Agreement. Notwithstanding the above, Contractor shall only be paid for Work performed, and the liquidated damages in this provision shall be in addition to any other rights or remedies that the Judicial Council may have under this Agreement, including termination for cause.
Sample 1
Liquidated Damages for Non-Performance. Time is of the essence in the performance of the work assigned pursuant to this Agreement. Contractor shall initially respond to maintenance calls and complete repair work within the timeframes specified in the terms and conditions of the solicitation, attached hereto as Exhibit A. County and Contractor recognize that, since time is of the essence for this Agreement, County will suffer financial loss if the Contractor fails to perform in accordance with the time limits specified in Exhibit A. Should Contractor fail to perform in accordance with the time limits specified in Exhibit A, County shall be entitled to assess, as liquidated damages, three hundred dollars ($300.00) for each calendar day of delay. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Contractor fails to perform in accordance with the Scope of Work. The County also reserves the right to order the Contractor to suspend performance and procure another Contractor to complete all or a portion of the work. All direct, indirect, and consequential costs incurred by the County for completion of said work shall be charged against the Contractor. The foregoing remedies shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County's exclusive remedy in the event of the Contractor’s material default of the Agreement.
Sample 1

Related to Liquidated Damages for Non-Performance

  • 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.

  • 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.

  • Obligation Absolute; Partial Liquidated Damages The Company’s obligations to issue and deliver the Conversion Shares upon conversion of this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person, and irrespective of any other circumstance which might otherwise limit such obligation of the Company to the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Company of any such action the Company may have against the Holder. In the event the Holder of this Debenture shall elect to convert any or all of the outstanding principal amount hereof, the Company may not refuse conversion based on any claim that the Holder or anyone associated or affiliated with the Holder has been engaged in any violation of law, agreement or for any other reason, unless an injunction from a court, on notice to Holder, restraining and or enjoining conversion of all or part of this Debenture shall have been sought and obtained, and the Company posts a surety bond for the benefit of the Holder in the amount of 150% of the outstanding principal amount of this Debenture, which is subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the underlying dispute and the proceeds of which shall be payable to the Holder to the extent it obtains judgment. In the absence of such injunction, the Company shall issue Conversion Shares or, if applicable, cash, upon a properly noticed conversion. If the Company fails for any reason to deliver to the Holder such Conversion Shares pursuant to Section 4(c)(ii) by the Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of principal amount being converted, $10 per Trading Day (increasing to $20 per Trading Day on the fifth (5th) Trading Day after such liquidated damages begin to accrue) for each Trading Day after such Share Delivery Date until such Conversion Shares are delivered or Holder rescinds such conversion. Nothing herein shall limit a Hxxxxx’s right to pursue actual damages or declare an Event of Default pursuant to Section 8 hereof for the Company’s failure to deliver Conversion Shares within the period specified herein and the Holder shall have the right to pursue all remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief. The exercise of any such rights shall not prohibit the Holder from seeking to enforce damages pursuant to any other Section hereof or under applicable law.

  • 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.

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