Owner Damages Sample Clauses

Owner Damages. If Owner assesses liquidated or actual damages against Contractor, then Contractor may assess against Subcontractor the portion of Owner's damages that represent Subcontractor's share of the responsibility. The amount of such assessment for Owner damages shall not exceed the amount assessed against Contractor plus the portion of the total costs and expenses, including attorney’s and consultants' fees, Contractor incurs in defending against Owner's claim for damages. This provision shall be applicable whether or not Subcontractor actually completes its Work, and specifically includes, but by no means is limited to, abandonment of the Work by Subcontractor.
Sample 1
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Owner Damages. In the event of Subscriber’s breach, repudiation, or termination of this Agreement in violation of the provisions hereof, Owner shall be entitled to recover from Subscriber (subject to Owner’s duty to mitigate damages including its duty to try and find a replacement subscriber): (i) the unpaid Monthly Allocation Payments due at the time of termination; and (ii) Owner’s actual, reasonable, and verifiable damages resulting from Subscriber’s breach, including estimated Monthly Allocation Payments over the remaining Term less compensation received from the LDC, if any, attributable to Subscriber’s Allocation. Any post-termination Monthly Allocation Payments that may qualify as damages under this section will be calculated based upon the Schedule of Expected Deliveries of Credits, Exhibit B and the Xxxx Credit Rate at the time of Subscriber’s breach of this Agreement. This provision does not waive any limits of liability or immunities the Subscriber may be entitled to under Minnesota Statues, Chapter 466, as amended.
Sample 1
Owner Damages. If the Owner assesses liquidated or actual damages against A/Z, then A/Z may assess against Trade Contractor the portion of such damages that represent, in the sole reasonable discretion of A/Z, Trade Contractor’s share of the responsibility thereof. The amount of said assessment for the Owner’s damages shall not exceed the amount assessed against A/Z plus that portion of the total costs and expenses including, without limitation, any attorney fees, consulting fees and expenses A/Z incurs in defense of the Owner’s claim for damages. This provision shall be applicable whether or not Trade Contractor actually completes the Work and specifically includes, but is not limited to, abandonment of the Work by Trade Contractor.
Sample 1
Owner Damages. In the event of Subscriber’s breach, repudiation, or termination of this Agreement in violation of the provisions hereof, Owner shall be entitled to recover from Subscriber (subject to Owner’s duty to mitigate damages including its duty to try and find a replacement subscriber): (i) the unpaid Monthly Allocation Payments due at the time of termination; and (ii) Owner’s actual, reasonable, and verifiable damages resulting from Subscriber’s breach. Any post-termination Monthly Allocation Payments that may qualify as damages under this section, will be calculated based upon the Schedule of Expected Deliveries of Credits (Exhibit B, hereto), and the Xxxx Credit Rate at the time of Subscriber’s breach of this Agreement.
Sample 1
Owner Damages. Contractor acknowledges that Owner may suffer damages if Substantial Completion does not occur on or before the Guaranteed Substantial Completion Date and that the amount of those damages may be difficult to ascertain. If Substantial Completion does not occur on or before the Guaranteed Substantial Completion Date, then Contractor shall pay Owner as liquidated damages and not as a penalty, the daily rate identified in Section 27.2 herein, subject to the limitation set forth in Section 27.3; provided that if such delay is a result of a Change of Law, Change, Force Majeure Event, or Owner- caused Change, then Contractor shall not be obligated to pay Owner liquidated damages for such delay.
Sample 1
Owner Damages. Owner and Design-Builder acknowledge and agree that if Design-Builder fails to achieve Substantial Completion within the date specified or otherwise fails to achieve Substantial completion with the date specified or otherwise fails to achieve Substantial Completion of the Work within the Contract Time (as such may be extended in accordance with the Contract Documents) without any fault of Owner, its consultants, and anyone for whom they are responsible, Owner will suffer as a result of Design-Builder’s failure, substantial indirect consequential damages, which are both extremely difficult and impracticable to ascertain. Therefore, Owner and Design-Builder, having reasonably endeavored, but failed, to ascertain an amount bearing a reasonable relationship to the indirect consequential damages that Owner will incur if Design-Builder fails to achieve Substantial Completion of the Work on the date established and having ascertained that such damages will accelerate as the delay in Substantial Completion increases, agree that in the event Design-Builder fails to achieve Substantial Completion of the entire Work within the date established in this Agreement, Design-Builder shall pay to Owner as liquidated damages, and not as a penalty but as a reasonable estimate of the amount of indirect and consequential damages Owner will suffer, the following amounts: (1) $1,500 per day for each calendar day from the first (1st) day through the thirtieth (30th) day after the scheduled Substantial Completion date during which Design-Builder fails to achieve Substantial Completion of the Design or Construction Phase milestones, as the case may be; and (2) $2,000 per day for each calendar day from the thirty-first (31st) calendar day after the schedule Substantial Completion date during which Design-Builder fails to achieve Substantial Completion of the Design or Construction Phase milestones, as the case may be. The imposition of liquidated damages for failure to achieve substantial completion of an earlier milestone date shall adjust the date for the imposition of liquated damages for a later milestone date. Post substantial completion liquidated damages for failure to timely complete punch list work are addressed in Subparagraph 9.11.5.
Sample 1

Related to Owner Damages

  • Actual Damages Contractor is liable to CMHA for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, CMHA may substitute the services and/or material from a third party. CMHA may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Minor Damage In the event that a Property is damaged or destroyed by fire or other casualty prior to the Closing, and the cost of Repairs is equal to or less than ten percent (10%) of the Purchase Price for such Property, then this transaction shall be closed in accordance with Section 11.3, notwithstanding such casualty. In such event, applicable Seller may at its election endeavor to make such Repairs to the extent of any recovery from insurance carried on the Property, if such Repairs can be reasonably effected before the Closing. Regardless of applicable Seller’s election to commence such Repairs, or applicable Seller’s ability to complete such Repairs prior to Closing, this transaction shall be closed in accordance with Section 11.3 below.

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • DISCLAIMER OF DAMAGES IN NO EVENT SHALL ST AND ITS AFFILIATES BE LIABLE TO THE LICENSEE AND ITS CUSTOMERS FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, LOSS OF BARGAIN OR OPPORTUNITY, PROFESSIONAL FEES OR EXPENSES, BUSINESS INTERRUPTION, LOST REVENUES OR SALES, DAMAGE TO PRODUCT OR EQUIPMENT OR TO FACILITIES, COSTS OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, REWORK CHARGES, COSTS ASSOCIATED WITH DOWN TIME, LOSS OF GOODWILL, LOSS OF DATA OR FOR ANY DAMAGES COSTS OR EXPENSES ASSOCIATED WITH WARRANTY OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF LICENSEE HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH THIS PLLA. ST AND ITS AFFILIATES AGGREGATE AND CUMULATIVE LIABILITY UNDER THIS PLLA SHALL NOT EXCEED 100 USD (ONE HUNDRED USD). THE LIMITATIONS SET FORTH IN THIS ARTICLE 8 SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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