Common use of Liquidated Damages Not Penalty Clause in Contracts

Liquidated Damages Not Penalty. The parties acknowledge, recognize and agree on the following: (a) that because of the unique nature of the Project, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Department as a result of Design-Builder’s failure to complete the Work on or before the applicable Contract Time(s); (b) that any sums which would be payable under this Article 5 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable and such payment represents a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from such failure; and (c) that any sums which would be payable herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Department which are occasioned by any delay in achieving the applicable Contract Times for the above-referenced Work. Notwithstanding the above, liquidated damages are not intended to excuse Design-Builder from liability for any other breach of its obligations under the Contract Documents.

Liquidated Damages Not Penalty. The parties acknowledge, recognize and agree on the following: (a) 5.7.1 that because of the unique nature of the Project, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Department as a result of Design-Builder’s failure to complete the Work on or before the applicable Contract Time(s); (b) 5.7.2 that any sums which would be payable under this Article 5 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable and such payment represents a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from such failure; and (c) 5.7.3 that any sums which would be payable herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Department which are occasioned by any delay in achieving the applicable Contract Times for the above-referenced Work. Notwithstanding the above, liquidated damages are not intended to excuse Design-Builder from liability for any other breach of its obligations under the Contract Documents.the

Liquidated Damages Not Penalty. The parties acknowledge, recognize and agree on the following: (a) 5.6.1 that because of the unique nature of the Project, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Department the County as a result of Design-Builder’s failure to complete the Work on or before the applicable Contract Time(s); (b) 5.6.2 that any sums which would be payable under this Article 5 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable and such payment represents a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from such failure; and (c) 5.6.3 that any sums which would be payable herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Department the County which are occasioned by any delay in achieving the applicable Contract Times for the above-referenced Work. Notwithstanding the above, liquidated damages are not intended to excuse Design-Builder from liability for any other breach of its obligations under the Contract Documents.

Liquidated Damages Not Penalty. The parties acknowledge, recognize and agree on the following: (a) 5.7.1 that because of the unique nature of the Project, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Department as a result of Design-Builder’s failure to complete the Work on or before the applicable Contract Time(s); (b) 5.7.2 that any sums which would be payable under this Article 5 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable and such payment represents a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from such failure; and (c) 5.7.3 that any sums which would be payable herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Department which are occasioned by any delay in achieving the applicable Contract Times Time for the above-referenced Work. Notwithstanding the above, liquidated damages are not intended to excuse Design-Builder from liability for any other breach of its obligations under the Contract Documents.

Liquidated Damages Not Penalty. The parties acknowledge, recognize and agree on the following: (a) that because of the unique nature of the Project, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Department Concessionaire as a result of Design-BuilderContractor’s failure to complete the Work on or before the applicable Contract Time(s)Time; (b) that any sums which would be payable under this Article 5 Section 5.6 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable and such payment represents a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from such failure; and (c) that any sums which would be payable herein under Section 5.6 shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Department Concessionaire which are occasioned by any delay in achieving the applicable Contract Times for the above-referenced Worknon- permitted lane closures, as applicable. Notwithstanding the above, liquidated damages Lane Closure Damages are not intended to excuse Design-Builder Contractor from liability for any other breach of its obligations under the Contract Documents.

Liquidated Damages Not Penalty. The parties acknowledge, recognize and agree on the following: (a) 5.7.1 that because of the unique nature of the Project, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by Department as a result of Design-Builder’s failure to complete the Work on or before the applicable Contract Time(s); (b) 5.7.2 that any sums which would be payable under this Article 5 are in the nature of liquidated damages, and not a penalty, and are fair and reasonable and such payment represents a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from such failure; and (c) 5.7.3 that any sums which would be payable herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Department which are occasioned by any delay in achieving the applicable Contract Times for the above-referenced Work. Notwithstanding the above, liquidated damages are not intended to excuse Design-Builder from liability for any other breach of its obligations under the Contract Documents.