Common use of Liquidated Damages for Violations Clause in Contracts

Liquidated Damages for Violations. 33.1 ELI’s obligation to pay liquidated damages does not in any way detract from ELI’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELI’s obligation to pay liquidated damages. 33.2 XXX understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. 33.2.2 Each failure to make ELI’s books and records available as required by this Agreement - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX contrary to the terms of this Agreement that is not cured after five (5) days’ notice - $ 500.00 per day. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 that is not cured after five (5) days’ notice - $ 50.00 per day.

Liquidated Damages for Violations. 33.1 ELITrucom’s obligation to pay liquidated damages does not in any way detract from ELITrucom’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELITrucom’s obligation to pay liquidated damages. 33.2 XXX Trucom understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. 33.2.2 Each failure to make ELITrucom’s books and records available as required by this Agreement - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX Trucom contrary to the terms of this Agreement that is not cured after five (5) days’ notice - $ 500.00 per day. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 26.3 that is not cured after five (5) days’ notice - $ 50.00 per day.

Liquidated Damages for Violations. 33.1 ELIPAETEC’s obligation to pay liquidated damages does not in any way detract from ELIPAETEC’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELIPAETEC’s obligation to pay liquidated damages. 33.2 XXX PAETEC understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. 33.2.2 Each failure to make ELIPAETEC’s books and records available as required by this Agreement - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX PAETEC contrary to the terms of this Agreement that is not cured after five (5) days’ notice - $ 500.00 per day. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 that is not cured after five (5) days’ notice - $ 50.00 per day.

Liquidated Damages for Violations. 33.1 ELIXO’s obligation to pay liquidated damages does not in any way detract from ELIXO’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELIXO’s obligation to pay liquidated damages. 33.2 XXX XO understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- 31-A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City in writing to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. Any such liquidated damage payments shall not be chargeable to XO once the cure is commenced and diligently pursued. 33.2.2 Each failure to make ELIXO’s books and records available as required by this Agreement - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX XO contrary to the terms of this Agreement that is not cured after five (5) business days’ notice - $ 500.00 per day. . This provision shall not apply if the City has already assessed a charge under Section 33.2.1 through 33.2.3 or 33.2.5. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 Section 26.3.1 that is not cured after five (5) business days’ notice - $ 50.00 per day.

Liquidated Damages for Violations. 33.1 ELIAT&T’s obligation to pay liquidated damages does not in any way detract from ELIAT&T’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELIAT&T’s obligation to pay liquidated damages. 33.2 XXX AT&T understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the letter of credit or security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. 33.2.2 Each failure to make ELIAT&T’s books and records available as required by this Agreement that is not cured after ten (10) business days’ written notice - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX AT&T contrary to the terms of this Agreement that is not cured after five (5) business days’ notice - $ 500.00 per day. . This provision shall not apply if the City has already assessed a charge under Section 33.2.1 through 33.2.3 or 33.2.5. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 that is not cured after five (5) business days’ notice - $ 50.00 per day.

Liquidated Damages for Violations. 33.1 ELIAlluvion’s obligation to pay liquidated damages does not in any way detract from ELIAlluvion’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELIAlluvion’s obligation to pay liquidated damages. 33.2 XXX Alluvion understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- 31-A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. 33.2.2 Each failure to make ELIAlluvion’s books and records available as required by this Agreement - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX Alluvion contrary to the terms of this Agreement that is not cured after five (5) days’ notice - $ 500.00 per day. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 that is not cured after five (5) days’ notice - $ 50.00 per day.Section

Liquidated Damages for Violations. 33.1 ELIPAETEC’s obligation to pay liquidated damages does not in any way detract from ELIPAETEC’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELIPAETEC’s obligation to pay liquidated damages. 33.2 XXX PAETEC understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. 33.2.2 Each failure to make ELIPAETEC’s books and records available as required by this Agreement - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX PAETEC contrary to the terms of this Agreement that is not cured after five (5) days’ day’s notice - $ 500.00 per day. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 that is not cured after five (5) days’ day’s notice - $ 50.00 per day.

Liquidated Damages for Violations. 33.1 ELIMCI’s obligation to pay liquidated damages does not in any way detract from ELIMCI’s indemnity and insurance obligations under this Agreement, which shall apply according to their terms in addition to ELIMCI’s obligation to pay liquidated damages. 33.2 XXX MCI understands and agrees that failure to comply with any time and performance requirements in this Agreement or the requirements of Chapter 29 of the Tempe City Code will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the parties hereby agree to the liquidated damages specified below pursuant to the authority in Section 31- A12(b)(5)(d) of the Tempe City Code. The following amounts per day or part thereof may be chargeable to the security fund for the following concerns: 33.2.1 Each failure to properly restore the public ROW or to correct related violations of specifications, code ordinance or standards within fifteen (15) business days of having been notified by the City to correct such defects -- $500.00 per day. Such amount is in addition to any cost the City may incur to restore the ROW or correct the violation. 33.2.2 Each failure to make ELIMCI’s books and records available as required by this Agreement - $ 250.00 per day. 33.2.3 Any unauthorized partial or total transfer of this Agreement - $4,000.00 per transfer. 33.2.4 Each instance of any action or non-action by XXX MCI contrary to the terms of this Agreement that is not cured after five (5) days’ notice - $ 500.00 per day. 33.2.5 Failure to provide a valid Certificate of Insurance as required by Section 26.2.2 that is not cured after five (5) days’ notice - $ 50.00 per day.