Common use of Procedure for Review of Liquidated Damages Clause in Contracts

Procedure for Review of Liquidated Damages. TOWN Representative 2317 may assess liquidated damages pursuant to this Article on a monthly basis. At the end of each 2318 month during the term of this Agreement, the Town Representative shall issue a written notice 2319 to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis 2320 for each assessment. 2321 19.04.1 The assessment shall become final unless, within ten (10) calendar 2322 days of the date of the notice of assessment, CONTRACTOR provides a written request for a 2323 meeting with the TOWN Manager and TOWN Representative to present evidence that the 2324 assessment should not be made. 2325 19.04.2 The TOWN Representative shall schedule a meeting between 2326 CONTRACTOR and the TOWN Manager or the TOWN Manager’s designee as soon as 2327 reasonably possible after receipt of CONTRACTOR’S request for same. 2328 19.04.3 The TOWN Manager or the TOWN Manager’s designee shall review 2329 CONTRACTOR’S evidence and render a decision sustaining or reversing the liquidated 2330 damages as soon as reasonably possible after the meeting. Written notice of the decision shall 2331 be provided to CONTRACTOR. 2332 19.04.4 In the event CONTRACTOR does not submit a written request for a 2333 meeting within ten (10) calendar days of the date of the Notice of Assessment, the TOWN 2334 Representative’s determination shall be final and CONTRACTOR shall submit payment to 2335 TOWN no later than that tenth (10th) day. 2336 19.04.4.1 If monies are owed to CONTRACTOR, TOWN with 2337 notification to CONTRACTOR, TOWN will deduct the liquidated damages from amounts 2338 otherwise due to CONTRACTOR. 2339 19.04.5 TOWN’S assessment or collection of liquidated damages shall not 2340 prevent TOWN from exercising any other right or remedy, including the right to terminate this 2341 Agreement, for CONTRACTOR’S failure to perform the work and services in the manner set 2342 forth in this Agreement. 2343 ARTICLE 20. Performance Review 2344 20.01 Selection and Cost. TOWN may conduct two (2) performance reviews 2345 (“reviews”) of CONTRACTOR’S performance, at any time during the term of this Agreement. 2346 For each performance review, CONTRACTOR will be responsible for a maximum cost of Sixty 2347 Thousand Dollars ($60,000.00) for each Performance Review and escalated annually by the 2348 percentage of annual rate increase. CONTRACTOR will reimburse TOWN thirty (30) days from 2349 TOWN submitting invoice or request to CONTRACTOR for reimbursement 2350 20.01.1 The reviews will be performed by a qualified firm under contract to 2351 TOWN. TOWN shall have the final responsibility for the selection of the firm but may seek and 2352 accept comments and recommendations from CONTRACTOR.

Procedure for Review of Liquidated Damages. TOWN Representative 2317 may 2371 assess liquidated damages pursuant to this Article on a monthly basis. At the end of each 2318 2372 month during the term of this Agreement, the Town Representative shall issue a written notice 2319 2373 to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis 2320 2374 for each assessment. 2321 2375 19.04.1 The assessment shall become final unless, within ten (10) 2376 calendar 2322 days of the date of the notice of assessment, CONTRACTOR provides a written 2377 request for a 2323 meeting with the TOWN Manager and TOWN Representative to present evidence 2378 that the 2324 assessment should not be made. 2325 2379 19.04.2 The TOWN Representative shall schedule a meeting between 2326 2380 CONTRACTOR and the TOWN Manager or the TOWN Manager’s designee as soon as 2327 2381 reasonably possible after receipt of CONTRACTOR’S request for same. 2328 2382 19.04.3 The TOWN Manager or the TOWN Manager’s designee shall 2383 review 2329 CONTRACTOR’S evidence and render a decision sustaining or reversing the liquidated 2330 2384 damages as soon as reasonably possible after the meeting. Written notice of the decision shall 2331 2385 be provided to CONTRACTOR. 2332 2386 2387 19.04.4 In the event CONTRACTOR does not submit a written request for a 2333 meeting within ten (10) calendar days of the date of the Notice of Assessment, the TOWN 2334 2388 Representative’s determination shall be final and CONTRACTOR shall submit payment to 2335 2389 TOWN no later than that tenth (10th) day. 2336 2390 19.04.4.1 If monies are owed to CONTRACTOR, TOWN with 2337 2391 notification to CONTRACTOR, TOWN will deduct the liquidated damages from amounts 2338 2392 otherwise due to CONTRACTOR. 2339 2393 19.04.5 TOWN’S assessment or collection of liquidated damages shall not 2340 2394 prevent TOWN from exercising any other right or remedy, including the right to terminate this 2341 2395 Agreement, for CONTRACTOR’S failure to perform the work and services in the manner set 2342 2396 forth in this Agreement. 2343 2397 ARTICLE 20. Performance Review 2344 20.01 2398 20.01.1.1 Selection and Cost. TOWN may conduct two (2) 2399 performance reviews 2345 (“reviews”) of CONTRACTOR’S performance, at any time during the term 2400 of this Agreement. 2346 For each performance review, CONTRACTOR will be responsible for a 2401 maximum cost of Sixty 2347 Thousand Dollars ($60,000.00) for each Performance Review and 2402 escalated annually by the 2348 percentage of annual rate increase. CONTRACTOR will reimburse TOWN thirty (30) days from 2349 TOWN submitting invoice or request to CONTRACTOR for reimbursement 2350 20.01.1 2403 20.01.1.2 The reviews will be performed by a qualified firm under 2404 contract to 2351 TOWN. TOWN shall have the final responsibility for the selection of the firm but may 2405 seek and 2352 accept comments and recommendations from CONTRACTOR.

Procedure for Review of Liquidated Damages. TOWN Representative 2317 The City Manager may assess administrative charges pursuant to this Article 19 on an as needed basis. Within two (2) Work Days of the assessment of liquidated damages pursuant to this Article on a monthly basis. At the end of each 2318 month during the term of this Agreement19, the Town Representative City Manager shall issue a written notice 2319 to CONTRACTOR (“Notice of Assessment”) of the liquidated damages assessed and the basis 2320 for each assessment. 2321 19.04.1 The assessment shall become final unless, within ten (10) calendar 2322 days of the date of the notice of assessment, CONTRACTOR provides a written request for a 2323 meeting with the TOWN City Manager and TOWN Representative to present evidence that the 2324 assessment should not be made. 2325 19.04.2 . 20.05.1 The TOWN Representative Agreement Administrator shall schedule a meeting between 2326 with CONTRACTOR and the TOWN City Manager or the TOWN Manager’s designee as soon as 2327 reasonably possible after timely receipt of CONTRACTOR’S request for samerequest. 2328 19.04.3 2377 2378 2379 2380 2381 2382 20.05.2 The TOWN City Manager or the TOWN Manager’s designee shall review 2329 CONTRACTOR’S evidence and render a decision sustaining or reversing the liquidated 2330 damages as soon as reasonably possible after the meeting. Written notice of the decision shall 2331 be provided to CONTRACTOR. 20.05.3 In the event that CONTRACTOR does not agree with the decision of the City Manager, CONTRACTOR shall have the right to appeal the decision to the City Council under the provisions of Article 23. 2332 19.04.4 2383 2384 2385 2386 2387 2388 2389 2390 20.05.4 In the event CONTRACTOR does not submit a written request for a 2333 meeting within ten (10) calendar days of the date of the Notice of Assessment, the TOWN 2334 RepresentativeCity Manager’s determination shall be final and CONTRACTOR shall submit payment to 2335 TOWN no later than that tenth (10th) day. 2336 19.04.4.1 If monies are owed to CONTRACTOR, TOWN with 2337 notification to CONTRACTOR, TOWN will CITY may deduct the liquidated damages from amounts 2338 otherwise due to CONTRACTOR. 2339 19.04.5 TOWNCITY’S assessment or collection Collection of liquidated damages shall not 2340 prevent TOWN CITY from exercising any other right or remedy, including the right to terminate this 2341 Agreement, for CONTRACTOR’S failure to perform the work and services in the manner set 2342 forth in this Agreement. 2343 ARTICLE 20. Performance Review 2344 20.01 Selection and Cost. TOWN may conduct two (2) performance reviews 2345 (“reviews”) of CONTRACTOR’S performance, at any time during the term of this Agreement. 2346 For each performance review, CONTRACTOR will be responsible for a maximum cost of Sixty 2347 Thousand Dollars ($60,000.00) for each Performance Review and escalated annually by the 2348 percentage of annual rate increase. CONTRACTOR will reimburse TOWN thirty (30) days from 2349 TOWN submitting invoice or request to CONTRACTOR for reimbursement 2350 20.01.1 The reviews will be performed by a qualified firm under contract to 2351 TOWN. TOWN shall have the final responsibility for the selection of the firm but may seek and 2352 accept comments and recommendations from CONTRACTOR.2391 2392 2393 2394 2395 2396 2397 2398 2399 2400 2401 2402 2403 2404 2405 2406 2407 2408 2409 2410 2411 2412 2413 2414 2415 2416 2417 2418 2419 2420 2421 2422 2423

Procedure for Review of Liquidated Damages. TOWN Representative 2317 may assess 2 If liquidated damages pursuant to this Article on a monthly basis. At the end of each 2318 month during the term of this Agreementare applicable, the Town City Representative shall issue a written 3 notice 2319 to CONTRACTOR (“Notice of AssessmentNonperformance”) of that lists the liquidated damages assessed 4 associated with the nonperformance, and the basis 2320 for each assessment. 2321 19.04.1 nature of the nonperformance. 1 18.3.1 The assessment liquidated damages shall become final unless, within ten (10) 2 calendar 2322 days of the date of the notice Notice of assessmentNonperformance, CONTRACTOR 3 provides a written request for a 2323 meeting with the TOWN Manager and TOWN Representative Director of Environmental 4 Services (“Director”) to present evidence that the 2324 assessment liquidated damages should not 5 be made. 2325 19.04.2 applied. 6 18.3.2 The TOWN City Representative shall schedule a meeting between 2326 7 CONTRACTOR and the TOWN Manager Director or the TOWN ManagerDirector’s designee as soon as 2327 8 reasonably possible after timely receipt of CONTRACTOR’S request for same. 2328 19.04.3 XXXXXXXXXX’s request. 9 18.3.3 The TOWN Manager Director or the TOWN ManagerDirector’s designee shall review 2329 CONTRACTOR’S ’s 10 evidence and render a decision sustaining or reversing the liquidated 2330 damages 11 as soon as reasonably possible after the meeting. Written notice of the decision 12 shall 2331 be provided to CONTRACTOR. 2332 19.04.4 . 13 18.3.4 In the event CONTRACTOR does not submit a written request for a 2333 14 meeting within ten (10) calendar days of the date of the Notice of Assessment15 Nonperformance, the TOWN 2334 City Representative’s determination shall be final and CONTRACTOR shall submit payment to 2335 TOWN no later than that tenth (10th) day. 2336 19.04.4.1 If monies are owed to CONTRACTOR, TOWN with 2337 notification to CONTRACTOR, TOWN will CITY 16 may deduct the liquidated damages from amounts 2338 otherwise due to 17 CONTRACTOR. 2339 19.04.5 TOWN’S assessment or . 18 18.3.5 CITY’s collection of liquidated damages shall not 2340 prevent TOWN CITY from 19 exercising any other right or remedy, including the right to terminate this 2341 20 Agreement, for CONTRACTOR’S ’s failure to perform the work and services in the 21 manner set 2342 forth in this Agreement. 2343 ARTICLE 20. Performance Review 2344 20.01 Selection and Cost. TOWN may conduct two (2) performance reviews 2345 (“reviews”) of CONTRACTOR’S performance, at any time during the term of this Agreement. 2346 For each performance review, CONTRACTOR will be responsible for a maximum cost of Sixty 2347 Thousand Dollars ($60,000.00) for each Performance Review and escalated annually by the 2348 percentage of annual rate increase. CONTRACTOR will reimburse TOWN thirty (30) days from 2349 TOWN submitting invoice or request to CONTRACTOR for reimbursement 2350 20.01.1 The reviews will be performed by a qualified firm under contract to 2351 TOWN. TOWN shall have the final responsibility for the selection of the firm but may seek and 2352 accept comments and recommendations from CONTRACTOR.