Relationship to Liquidated Damages. Termination of this Contract pursuant to this Section will not relieve the Company or its Surety from liability for liquidated damages provided under this Contract. The Company shall be liable for all liquidated damages that have accrued up to the Termination Date. The parties acknowledge and agree that such liquidated damages are intended solely to compensate the County for costs and expenses associated with the specific circumstances identified in the specific provisions providing for such liquidated damages and are not intended to liquidate all damages that the County is likely to suffer in the event of a Company Event of Default under this Article. Accordingly, except with respect to damages relating solely to the specific circumstances for which liquidated damages are provided under this Contract, the payment of any such liquidated damages by the Company will not serve to limit or otherwise affect the County’s right to pursue and recover damages under subsection (C) of this Section.
Relationship to Liquidated Damages. Any liquidated damages payable by the Design-Builder under this Design-Build Agreement shall cease to accrue on the Termination Date. The Design-Builder shall be liable for all liquidated damages that have accrued up to the Termination Date. The parties acknowledge and agree that such liquidated damages are intended solely to compensate the Owner for costs and expenses associated with the specific circumstances identified in the specific provisions providing for such liquidated damages and are not intended to liquidate all damages that the Owner is likely to suffer in the event of a Design- Builder Event of Default under this Article. Accordingly, except as specifically provided in Section 8.3 (Limitation on Design-Builder Liability) and except with respect to damages relating solely to the specific circumstances for which liquidated damages are provided under this Design-Build Agreement, the payment of any such liquidated damages by the Design-Builder shall not serve to limit or otherwise affect the Owner’s right to pursue and recover damages under subsection (C) of this Section.
Relationship to Liquidated Damages. Any liquidated damages payable by the Company under this Contract shall cease to accrue on the Termination Date. The Company shall be liable for all liquidated damages that have accrued up to the Termination Date. The parties acknowledge and agree that such liquidated damages are intended solely to compensate SRWA for costs and expenses associated with the specific circumstances identified in the specific provisions providing for such liquidated damages and are not intended to liquidate all damages that SRWA is likely to suffer in the event of a Company Event of Default under this Article. Accordingly, except as specifically provided in Section 7.3 (Limitation on Company Liability) and except with respect to damages relating solely to the specific circumstances for which liquidated damages are provided under this Contract, the payment of any such liquidated damages by the Company shall not serve to limit or otherwise affect SRWA’s right to pursue and recover damages under this Section.
Relationship to Liquidated Damages. Termination by the City pursuant to this Section shall not relieve the Design-Builder or its Surety from liability for the liquidated damages provided for under this Design-Build Contract. The parties acknowledge and agree that such liquidated damages are intended solely to compensate the City for costs and expenses associated with unexcused delay in the specific circumstances identified in the specific provisions providing for such liquidated damages and are not intended to liquidate all damages that the City is likely to suffer in the event of a Design-Builder Event of Default under this Article. Accordingly, except with respect to damages relating solely to the specific circumstances of unexcused delay for which liquidated damages are provided under this Design-Build Contract, the payment of any such liquidated damages by the Design-Builder shall not serve to limit or otherwise affect the City’s right to pursue and recover damages under subsection (D) of this Section.
Relationship to Liquidated Damages. Termination by the BWS pursuant to this Section shall not relieve the DBOM Contractor or its Surety from liability for the liquidated damages provided for under this Service Agreement. The parties acknowledge and agree that such liquidated damages are intended solely to compensate the BWS for costs and expenses associated with the specific circumstances identified in the specific provisions providing for such liquidated damages and are not intended to liquidate all damages that the BWS is likely to suffer in the event of a DBOM Contractor Event of Default under this Article. Accordingly, except as specifically provided in Section 17.3 (Limitation on DBOM Contractor Liability) and except with respect to damages relating solely to the specific circumstances for which liquidated damages are provided under this Service Agreement, the payment of any such liquidated damages by the DBOM Contractor shall not serve to limit or otherwise affect the BWS’s right to pursue and recover damages under subsection (D) (Other Remedies upon DBOM Contractor Event of Default) of this Section.
