Common use of Milestone Liquidated Damages and Project Completion Liquidated Clause in Contracts

Milestone Liquidated Damages and Project Completion Liquidated. Damages will not be assessed by the Department concurrently. Provided that the Department is assessing Project Completion Liquidated Damages, the Department will no longer assess Milestone Liquidated Damages following such assessment of Project Completion Liquidated Damages. Notwithstanding the foregoing, if at any time prior to the Department assessing Project Completion Liquidated Damages, the Developer fails to achieve both the P&R Milestone and the Route 28 Signalization Milestone under Section 8.10(b), the Department will be entitled to assess Milestone Liquidated Damages on both Intermediate Milestones concurrently.