Remedies for Delay in Performing Critical Tasks. If any task identified in a Work Order as a “Critical Task” is not completed and or delivered on the date specified in the Work Order, and such delay is not materially caused by any fault of District, District may (i) agree to extend the date upon which such task is to be completed and/or delivered, or (ii) immediately terminate this Agreement under Section 20.3. To the extent that any delay is materially caused by any fault of the District, then District will make reasonable and appropriate adjustments to the due date for such task, as determined in consultation with Contractor, to account for this delay.
Remedies for Delay in Performing Critical Tasks. If any task identified in this Agreement as a “Critical Task” is not completed and or delivered on the date specified, District may (i) agree to extend the date upon which such task is to be completed and/or delivered, or (ii) provided that the delay was not materially caused by any fault of District, immediately terminate this Agreement under Section 21.2. To the extent that any delay is materially caused by any fault of the District, then District will make reasonable and DocuSign Envelope ID: 57FE9282-E46A-43D1-831B-4F549CBE8B96 appropriate adjustments to the due date for such task, as determined in consultation with Contractor, to account for this delay. Accordingly, in the event that Contractor fails to perform a Critical Task on time and in the manner specified in this Agreement, and LAUSD has not caused the failure, LAUSD will be entitled to recover damages of $X for each day/week/month that the Critical Task remains unperformed, uncompleted, deficient or delayed. Contractor acknowledges that such damages are not intended as a penalty but are instead the parties’ best approximation of District’s actual damages resulting from Contractor’s failure to perform the applicable Critical Tasks in a timely and compliant manner. Failure to complete and/or deliver a Critical Task on time and in accordance with the requirements set forth in this Agreement will be deemed a material breach of this Agreement.]
