Common use of Measure of Damages Clause in Contracts

Measure of Damages. The measure of damages for breach of this Agreement by the Developer will be the reasonable cost of satisfactorily completing the Improvements, including all professional fees such as engineering and attorney's fees. For Improvements upon which construction has not begun, the estimated costs of Improvements as shown on Cost of Construction Estimate will be prima facie evidence of the minimum cost of completion; however, neither that amount nor the Escrow amount shall establish the maximum amount of Developer's liability.

Appears in 2 contracts

Samples: Development Improvements Agreement, Development Improvements Agreement

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Measure of Damages. The measure of damages for breach of this Agreement by the Developer will be the reasonable cost of satisfactorily completing the Improvements, including all professional fees such as engineering and attorney's fees. For Improvements upon which construction has not begun, the estimated costs of Improvements as shown on Cost of Construction PE Estimate will be prima facie evidence of the minimum cost of completion; however, neither that amount nor the Escrow Assurance amount shall establish the maximum amount of Developer's ’s liability.

Appears in 2 contracts

Samples: Development Improvements Agreement, Development Improvements Agreement

Measure of Damages. The measure of damages for breach of this Agreement by the Owner/Developer will be is the reasonable cost of satisfactorily completing the Improvements, including all professional fees such as engineering and attorney's feesImprovements in conformance with the Construction Guideline. For Improvements upon which construction has not begun, the estimated costs cost of the Improvements as shown on Cost of Construction Estimate Exhibit A will be prima facie evidence of the minimum cost of completion; however, neither that amount nor the Escrow amount shall establish the maximum amount of Developer's liability.

Appears in 1 contract

Samples: Subdivision Construction Agreement

Measure of Damages. The measure of damages for breach in the event of default under this Agreement by the Developer will be the reasonable cost to the County of satisfactorily completing the Improvements, including all professional fees such as engineering and attorney's fees. For Improvements upon which construction has not begun, the estimated costs of the Improvements as shown on Construction Cost of Construction Estimate Schedule will be prima facie evidence of the minimum cost of completion; however, neither that amount nor the Escrow amount of the Construction Security shall establish the maximum amount of the Developer's ’s liability.

Appears in 1 contract

Samples: Development Improvements Agreement

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Measure of Damages. The measure of damages for breach of this Agreement by the Developer will be is the reasonable cost of satisfactorily completing the Improvements, including all professional fees such as engineering and attorney's feesimprovements. For Improvements upon which construction has not begun, purposes of this Agreement the estimated costs cost of Improvements the improvements as shown on Cost of Construction Estimate will be specified in Attachment ( ) is prima facie evidence of the minimum cost of completion; however. However, neither that amount nor the Escrow amount shall establish of the letter of credit establishes the maximum amount of the Developer's ’s liability. The City (or County) may complete all unfinished improvements at the time of default regardless of the extent to which development has taken place in the Subdivision or whether development ever was commenced.

Appears in 1 contract

Samples: Subdivision Improvements Agreement

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