Common use of Liquidated Damages; Termination Clause in Contracts

Liquidated Damages; Termination. A. If payment by DCAMM or performance by CONTRACTOR is suspended by DCAMM as provided in paragraph 8 above, DCAMM shall have the following rights and remedies if CONTRACTOR thereafter fails to take all action necessary to bring CONTRACTOR into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR is no longer susceptible to cure, if CONTRACTOR fails to take such other action as may be required by DCAMM to meet the MBE/WBE participation goals set forth in this Contract: (1) DCAMM may terminate this Contract, and/or (2) DCAMM may retain from final payment to CONTRACTOR, as liquidated damages, an amount equal to the difference between (x) the total of the MBE/WBE participation goals set forth in this Contract, and (y) the amount of MBE/WBE participation credit earned by CONTRACTOR for MBE/WBE Services performed under this Contract as determined by DCAMM, the parties agreeing that the damages for failure to meet the MBE/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. Before exercising its rights and remedies hereunder, DCAMM may, but DCAMM shall not be obligated to, give CONTRACTOR and any other interested party another opportunity to present evidence to DCAMM that CONTRACTOR is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.

Liquidated Damages; Termination. A. If payment by DCAMM the Awarding Authority or performance by CONTRACTOR the Contractor is suspended by DCAMM the Awarding Authority as provided in paragraph 8 above, DCAMM the Awarding Authority shall have the following rights and remedies if CONTRACTOR the Contractor thereafter fails to take all action necessary to bring CONTRACTOR the Contractor into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR the Contractor is no longer susceptible to cure, if CONTRACTOR the Contractor fails to take such other action as may be required by DCAMM the Awarding Authority to meet the MBE/WBE participation goals set forth in this Contract: (1) DCAMM the Awarding Authority may terminate this Contract, and/or (2) DCAMM the Awarding Authority may retain from final payment to CONTRACTORthe Contractor, as liquidated damages, an amount equal to the difference between (x) the total of the MBE/WBE participation goals set forth in this Contract, and (y) the amount of MBE/WBE participation credit earned by CONTRACTOR given to the Contractor for MBE/WBE Services Work performed under this Contract as determined by DCAMMthe Awarding Authority, the parties agreeing that the damages for failure to meet the MBEM/BE/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM the Awarding Authority represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. Before exercising its rights and remedies hereunder, DCAMM the Awarding Authority may, but DCAMM the Awarding Authority shall not be obligated to, give CONTRACTOR the Contractor and any other interested party another opportunity to present evidence to DCAMM that CONTRACTOR is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.Awarding Authority that

Liquidated Damages; Termination. A. a. If payment by DCAMM or performance by CONTRACTOR the Designer is suspended by DCAMM as provided in paragraph 8 7 above, DCAMM shall have the following rights and remedies if CONTRACTOR the Designer thereafter fails to take all action necessary to bring CONTRACTOR the Designer into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR the Designer is no longer susceptible to cure, or if CONTRACTOR the Designer fails to take such other action as may be required by DCAMM to meet the MBE/WBE participation goals set forth in this ContractParagraph 1: (1) i. DCAMM may terminate this Contract, and/or (2) ii. DCAMM may retain from final payment to CONTRACTORthe Designer, as liquidated damages, an amount equal not to exceed the difference between (x) the total of the MBE/WBE participation goals set forth in paragraph 1 of this ContractArticle, and (y) the amount of any amounts paid or owing to MBE/WBE participation credit earned by CONTRACTOR WBE’s for MBE/WBE Services Work actually performed by them under this Contract as determined by DCAMMContract, the parties agreeing that the damages for failure to meet the MBE/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. b. Before exercising its rights and remedies hereunder, DCAMM may, but DCAMM shall not be obligated to, give CONTRACTOR the Designer and any other interested party another opportunity to present evidence to DCAMM that CONTRACTOR the Designer is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.

Liquidated Damages; Termination. A. If payment by DCAMM or performance by CONTRACTOR is suspended by DCAMM as provided in paragraph 8 above, DCAMM shall have the following rights and remedies if CONTRACTOR thereafter fails to take all action necessary to bring CONTRACTOR into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR is no longer susceptible to cure, if CONTRACTOR fails to take such other action as may be required by DCAMM to meet the MBE/WBE participation goals set forth in this Contract: (1) DCAMM may terminate this Contract, and/or (2) DCAMM may retain from final payment to CONTRACTOR, as liquidated damages, an amount equal to the difference between (x) the total of the MBE/WBE participation goals set forth in this Contract, and (y) the amount of MBE/WBE participation credit earned by CONTRACTOR for MBE/WBE Services performed under this Contract as determined by DCAMM, the parties agreeing that the damages for failure to meet the MBE/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. Before exercising its rights and remedies hereunder, DCAMM may, but DCAMM shall not be obligated to, give CONTRACTOR and any other interested party another opportunity to present evidence to DCAMM that CONTRACTOR is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.this

Liquidated Damages; Termination. A. If payment by DCAMM the Awarding Authority or performance by CONTRACTOR the Contractor is suspended by DCAMM the Awarding Authority as provided in paragraph 8 above, DCAMM the Awarding Authority shall have the following rights and remedies if CONTRACTOR the Contractor thereafter fails to take all action necessary to bring CONTRACTOR the Contractor into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR the Contractor is no longer susceptible to cure, if CONTRACTOR the Contractor fails to take such other action as may be required by DCAMM to meet the MBE/WBE participation goals set forth in this Contract:take (1) DCAMM the Awarding Authority may terminate this Contract, and/or (2) DCAMM the Awarding Authority may retain from final payment to CONTRACTORthe Contractor, as liquidated damages, an amount equal to the difference between (x) the total of the MBE/WBE participation goals set forth in this Contract, and (y) the amount of MBE/WBE participation credit earned by CONTRACTOR given to the Contractor for MBE/WBE Services Work performed under this Contract as determined by DCAMMthe Awarding Authority, the parties agreeing that the damages for failure to meet the MBEM/BE/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM the Awarding Authority represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. Before exercising its rights and remedies hereunder, DCAMM the Awarding Authority may, but DCAMM the Awarding Authority shall not be obligated to, give CONTRACTOR the Contractor and any other interested party another opportunity to present evidence to DCAMM the Awarding Authority that CONTRACTOR the Contractor is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM The Awarding Authority may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.

Liquidated Damages; Termination. A. If payment by DCAMM the Division of Capital Asset Management or performance by CONTRACTOR the Designer is suspended by DCAMM the Division of Capital Asset Management as provided in paragraph 8 7 above, DCAMM the Division of Capital Asset Management shall have the following rights and remedies if CONTRACTOR the Designer thereafter fails to take all action necessary to bring CONTRACTOR the Designer into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR the Designer is no longer susceptible to cure, or if CONTRACTOR the Designer fails to take such other action as may be required by DCAMM to meet the MBE/WBE participation goals set forth in this Contract: (Paragraph 1) DCAMM : The Division of Capital Asset Management may terminate this Contract, and/or (2) DCAMM and/or The Division of Capital Asset Management may retain from final payment to CONTRACTORthe Designer, as liquidated damages, an amount equal not to exceed the difference between (x) the total of the MBE/WBE participation goals set forth in paragraph 1 of this ContractArticle, and (y) the amount of any amounts paid or owing to MBE/WBE participation credit earned by CONTRACTOR WBE’s for MBE/WBE Services Work actually performed by them under this Contract as determined by DCAMMContract, the parties agreeing that the damages for failure to meet the MBE/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM the Division of Capital Asset Management represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. Before exercising its rights and remedies hereunder, DCAMM the Division of Capital Asset Management may, but DCAMM the Division of Capital Asset Management shall not be obligated to, give CONTRACTOR the Designer and any other interested party another opportunity to present evidence to DCAMM the Division of Capital Asset Management that CONTRACTOR the Designer is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM The Division of Capital Asset Management may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.

Liquidated Damages; Termination. A. If payment by DCAMM or performance by CONTRACTOR the CM is suspended by DCAMM as provided in paragraph 8 above, DCAMM shall have the following rights and remedies if CONTRACTOR the CM thereafter fails to take all action necessary to bring CONTRACTOR the CM into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR the CM is no longer susceptible to cure, if CONTRACTOR the CM fails to take such other action as may be required by DCAMM to meet the MBEM/WBE participation goals set forth in this Contract: (1) DCAMM may terminate this Contract, and/or (2) DCAMM may retain from final payment to CONTRACTORthe CM, as liquidated damages, an amount equal to the difference between (x) the total of the MBEM/WBE participation goals set forth in this Contract, and (y) the amount of MBEM/WBE participation credit earned by CONTRACTOR the CM for MBEM/WBE Services Work performed under this Contract as determined by DCAMM, the parties agreeing that the damages for failure to meet the MBEM/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. Before exercising its rights and remedies hereunder, DCAMM may, but DCAMM shall not be obligated to, give CONTRACTOR the CM and any other interested party another opportunity to present evidence to DCAMM that CONTRACTOR the CM is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.

Liquidated Damages; Termination. A. a. If payment by DCAMM the Division of Capital Asset Management or performance by CONTRACTOR the Designer is suspended by DCAMM the Division of Capital Asset Management as provided in paragraph 8 7 above, DCAMM the Division of Capital Asset Management shall have the following rights and remedies if CONTRACTOR the Designer thereafter fails to take all action necessary to bring CONTRACTOR the Designer into full compliance with the requirements of this Article, or if full compliance is no longer possible because the default of CONTRACTOR the Designer is no longer susceptible to cure, or if CONTRACTOR the Designer fails to take such other action as may be required by DCAMM to meet the MBE/WBE participation goals set forth in this ContractParagraph 1: (1) DCAMM i. The Division of Capital Asset Management may terminate this Contract, and/or (2) DCAMM ii. The Division of Capital Asset Management may retain from final payment to CONTRACTORthe Designer, as liquidated damages, an amount equal not to exceed the difference between (x) the total of the MBE/WBE participation goals set forth in paragraph 1 of this ContractArticle, and (y) the amount of any amounts paid or owing to MBE/WBE participation credit earned by CONTRACTOR WBE’s for MBE/WBE Services Work actually performed by them under this Contract as determined by DCAMMContract, the parties agreeing that the damages for failure to meet the MBE/WBE participation goals are difficult to determine and that the foregoing amount to be retained by DCAMM the Division of Capital Asset Management represents the parties’ best estimate of such damages. Any liquidated damages will be assessed separately for MBE and WBE participation. B. b. Before exercising its rights and remedies hereunder, DCAMM the Division of Capital Asset Management may, but DCAMM the Division of Capital Asset Management shall not be obligated to, give CONTRACTOR the Designer and any other interested party another opportunity to present evidence to DCAMM the Division of Capital Asset Management that CONTRACTOR the Designer is in compliance with the requirements of this Article or that there is some justifiable reason for waiving the requirements of this Article in whole or in part. DCAMM The Division of Capital Asset Management may invite SDO and the Massachusetts Commission Against Discrimination to participate in any proceedings undertaken hereunder.