Common use of Measure of Damages Clause in Contracts

Measure of Damages. The measure of damages for Developer’s default of this Agreement shall be the actual cost of completing the Improvements, including design costs, engineering costs, construction costs, construction management and supervision costs, legal and inspection costs, as well as all other related costs incurred by the Town, including attorneys’ costs, in pursuing such breach and remedy. For Improvements upon which construction has not begun, the estimated cost of the Improvements as supplied by Developer pursuant to the Agreement and shown on the attached Exhibit “D” shall be prima facie evidence of the minimum cost of completion; however, neither that amount nor the amount of the Performance Guarantee establishes the maximum amount of the Developer’s liability hereunder, and Developer’s liability shall be the Town’s actual cost including those items set forth herein above. The Town shall be entitled to complete all unfinished Improvements at the time of default regardless of the extent to which development has taken place in the Development or whether development ever commenced.

Measure of Damages. The measure of damages for Developer’s default breach of this Agreement by the Developer shall be the actual cost of completing the Improvements, including design costsdesign, engineering costsengineering, construction, construction costs, construction management and supervision costsmanagement, legal and inspection costs, as well as all other related costs incurred by the Town, including attorneys’ costs, in pursuing such breach and remedy. For Improvements upon which construction has not begun, the estimated cost of the Improvements as supplied by Developer pursuant to the Agreement and shown on the attached Exhibit “DG” shall be prima facie evidence of the minimum cost of completion; however, neither that amount nor the amount of the Performance Guarantee establishes the maximum amount of the Developer’s liability hereunderliability, and Developer’s liability shall be the Town’s actual cost including those items set forth herein above. The Town shall be entitled to complete all unfinished Improvements at the time of default regardless of the extent to which development has taken place in the Development or whether development ever commenced.