LIQUIDATED DAMAGES IN THE CASE OF DELAY Sample Clauses

LIQUIDATED DAMAGES IN THE CASE OF DELAY. ‌ If the agreed date of delivery (delivery date) or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4 is not complied with, and this is not caused by force majeure or circumstances on the part of the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the total consideration payable for the deliverables (the contract price), excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered.
Sample 1Sample 2Sample 3See All (9)
AutoNDA by SimpleDocs
LIQUIDATED DAMAGES IN THE CASE OF DELAY. ‌ If the agreed delivery date or other deadline in respect of which the parties have stipulated liquidated damages, is not complied with, and this is not caused by force majeure or circumstances related to the Customer, there is a delay on the part of the Consultant that triggers liquidated damages. If the Consultant prior to the agreed date of delivery is delayed with regard to milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Consultant, through acceleration, manages to achieve a subsequent milestone at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the total consideration payable for the deliverables (the contract price), excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix to the agreement. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Consultant or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Consultant may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered.
Sample 1See All (4)
LIQUIDATED DAMAGES IN THE CASE OF DELAY. If, in accordance with section 8.2, delayed delivery has been established, or the item has a defect, cf. section 8.1, which means that the item cannot be used according to its purpose and this is not rectified before the delivery deadline expires, the Supplier will incur a daily fine. The daily fine starts running automatically. However, this does not apply to the extent that the supplier proves that the delay, or defect, is due to an obstacle beyond his control which he could not reasonably be expected to have taken into account when concluding the contract or to have avoided or overcome the effects of. The daily fine is 0.15% calculated on the agreed price excluding VAT. which is related to the part of the delivery that due to the delay / defect can not be used as intended, minimum NOK 1,000, - pr. working day until the right delivery takes place. The daily penalty period is limited to 100 (hundred) working days. The Supplier's total daily liability is limited to 15% of the total contract amount. The limitation of liability does not apply if the delay is due to intent or gross negligence on the part of the supplier or someone for whom the supplier is responsible. Other daily fine rates, other calculation basis and other term for the daily fine can be agreed between the parties. Payment of daily fines shall not prevent the client from also claiming compensation to cover losses that turn out to be greater than what is covered by the daily fines. Paid daily fines shall be deducted in the event of any compensation to the extent that it applies to the same circumstances.
Sample 1

Related to LIQUIDATED DAMAGES IN THE CASE OF DELAY

  • 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.

  • 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.

  • 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.

  • 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.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!