Performance Liquidated Damages Sample Clauses

Performance Liquidated Damages. FOR THIS SUPPLEMENT, THE REMEDIES OF BUYER IN SECTION 4.2(C), HEREOF SHALL CONSTITUTE BUYER'S PERFORMANCE LIQUIDATED DAMAGES FOR THE SERVICE OFFERED UNDER THIS SUPPLEMENT AND CONSTITUTE BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY PERFORMANCE FAILURE RELATED TO OR ARISING FROM THE SERVICE OFFERED HEREUNDER.

Performance Liquidated Damages. The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Delivery beyond contracted lead times • Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin. These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Xxxxxx hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way.

Performance Liquidated Damages. The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below:  Delivery beyond contracted lead times  Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin. Exhibit C City of Xxxxxx

Performance Liquidated Damages. (a) If no Loans or Senior Debt Commitments in connection therewith are outstanding and the Company or a Restricted Subsidiary has received Performance Liquidated Damages, measured following the Substantial Completion of the last Train to be completed within the Project Facilities contemplated under the EPC Contract (T1/T2), it shall use such Performance Liquidated Damages, within one hundred and eighty (180) days following receipt thereof (or two hundred and seventy (270) days if a commitment to complete, repair, refurbish or improve the Project Facilities is entered within one hundred and eighty (180) days following the receipt of such proceeds) to: (1) complete, repair, refurbish or improve the Project Facilities in respect of which the Performance Liquidated Damages were paid or other Project Facilities under construction related to the Corpus Christi Terminal Facility or the Corpus Christi Pipeline; or (2) repay or reimburse providers of Equity Funding to the extent such Equity Funding was used to complete, repair, refurbish or improve the Project Facilities in respect of which the Performance Liquidated Damages were paid or other Project Facilities under construction related to the Corpus Christi Terminal Facility or the Corpus Christi Pipeline. (b) Any Performance Liquidated Damages that are not applied in the manner and within the time periods set forth in the foregoing paragraph will be deemed “PLD Excess Proceeds.” (c) If on any date the aggregate amount of PLD Excess Proceeds exceeds $10,000,000, then within ten (10) Business Days after such date, the Company shall make a PLD Excess Proceeds Offer in accordance with Section 3.09. The offer price in any PLD Excess Proceeds Offer will be equal to 100% of the principal amount of the Notes, plus accrued but unpaid interest, to, but excluding the date of purchase, and will be payable in cash. If any PLD Excess Proceeds remain after consummation of a PLD Excess Proceeds Offer, the Company may use those PLD Excess Proceeds for any purpose not otherwise prohibited by this Indenture. Upon completion of each PLD Excess Proceeds Offer, the amount of PLD Excess Proceeds for the purposes of this paragraph will be reset at zero. (d) The Company will comply with the requirements of Rule 14e-1 under the Exchange Act and any other securities laws and regulations thereunder to the extent such laws and regulations are applicable in connection with each repurchase of Notes pursuant to a PLD Excess Proceeds Offer. To...

Performance Liquidated Damages. Subject to Section 20.2C, Contractor’s maximum liability to Owner for Performance Liquidated Damages is *** U.S. Dollars (U.S.$***), in the aggregate.

Performance Liquidated Damages. Subject to Section 20.2C, Contractor’s maximum liability to Owner for (i) Performance Liquidated Damages for Subproject 1 is *** US Dollars (U.S.$***), in the aggregate, and (ii) Performance Liquidated Damages for Subproject 2 is *** US Dollars ($***), in the aggregate.

Performance Liquidated Damages. Owner may assess the following Performance Liquidated Damages subject to the limitations set forth in this Section 8.3.2, in Section 8.3.3 and in Article 21 (“Performance Liquidated Damages”):

Performance Liquidated Damages. Contractor acknowledges that its breach as set forth in this Section will cause substantial damage to Client, the actual amount of which will be difficult to determine. Therefore, Contractor agrees that upon any of the breaches set forth below, Contractor shall pay Client a lump sum payment equal to the amount set forth below corresponding to the applicable breach. These amounts are intended to compensate Client for the lost value to Client because of such breach, and Contractor agrees that it will remain liable for all other obligations claimed under this Agreement.

Performance Liquidated Damages. If the Measured Availability for the PV Plant is equal to or greater than ninety-eight percent (98%) (the “Guaranteed Performance”) for any annual reporting period (or, if shorter, the initial reporting period), then the Guaranteed Performance for the PV Plant shall be deemed satisfied for such period and O&M Contractor shall have no liability to Owner in relation to the Guaranteed Performance for the PV Plant. If the Measured Availability is less than the Guaranteed Performance for any annual reporting period (or, if shorter, the initial reporting period), O&M Contractor shall pay Owner, as liquidated damages and not as a penalty, the amount equal to (i) the Guaranteed Availability minus the Measured Availability, multiplied by (ii) the quotient resulting from dividing (A) the actual production of the Facility (in MWh) by

Performance Liquidated Damages. General Contractor agrees to pay Owner the Performance Liquidated Damages (LD) as specified in Exhibit C-3 herein. GEC is delivering major Owner Furnished Equipment without technical specification input from Contractor. Contractor is integrating the major Owner Furnished Equipment, along with its own equipment purchases, into a coherent facility design and installation. The shared objective is a facility that meets the performance expectations of the Owner. GEC shall work to cooperatively with the Contractor to resolve performance shortfall issues. GEC shall not allow non-cooperation of its contractor, subcontractors, or suppliers to impede performance resolution.