Owner Damages. If Owner assesses liquidated or other damages against Contractor, then Contractor may assess against Subcontractor the portion of Owner's damages that represents Subcontractor's share of the responsibility. The amount of such assessment against Subcontractor for Owner’s damages shall not exceed the amount assessed against Contractor by Owner plus the portion of costs and attorney's fees Contractor incurred in defending against Owner's claim for damages arising out of or in relation to Subcontractor's Work.
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.
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:
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.
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.
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.
