LIQUIDATED DAMAGES; WAIVER OF CONSEQUENTIAL DAMAGES. 9.1.1 If, in the Schedule of Project Details, the parties (i) agree that the damages which the Owner will sustain as a result of a failure to meet the date of Substantial Completion set forth therein, except as modified by Change Order, are difficult or impossible to determine with certainty and (ii) in good faith estimate and set forth as fair compensation (and not as a penalty) “Liquidated Damages” to be based upon the actual date Substantial Completion is achieved, then Liquidated Damages shall apply.
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LIQUIDATED DAMAGES; WAIVER OF CONSEQUENTIAL DAMAGES. 9.1.1 If, in the Schedule of Project Details, the parties (i) agree that the damages which the Owner will sustain as a result of a failure to meet the date of Substantial Completion set forth therein, except as modified by Change Order, are difficult or impossible to determine with certainty and (ii) in good faith estimate and set forth as fair compensation (and not as a penalty) “Liquidated Damages” to be based upon the actual date Substantial Completion is achieved, then Liquidated Damages shall shallwill apply.
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Samples: Agreement
