Common use of Removal or Replacement of Key Personnel Clause in Contracts

Removal or Replacement of Key Personnel. Subject to the terms of Section 5.7, in each instance where the Design-Builder removes or reassigns one of the key personnel listed in Exhibit C as being subject to liquidated damages, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design-Builder, or (b) with the prior written consent of the Department, then the Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as liquidated damages and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing liquidated damages amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of Section 5.7, in each instance where the Design-Builder Construction Manager removes or reassigns one of the key personnel listed in Exhibit C F as being subject to liquidated damages, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder Construction Manager or any affiliate of the Design-Builder Construction Manager or any affiliate of the Design-BuilderConstruction Manager, or (b) with the prior written consent of the Department, then the Design-Builder Construction Manager shall pay to the Department the amount set forth in the Project Information Section of this Agreement as liquidated damages and not a penalty, to reimburse the Department for its administrative costs arising from the Design-BuilderConstruction Manager’s failure to provide the Key Personnel. The foregoing liquidated damages amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of Section 5.7, in each instance where the Design-Builder removes or reassigns one of the key personnel listed in Exhibit C F as being subject to liquidated damages, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design-Builder, or (b) with the prior written consent of the Department, then the Design-Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as liquidated damages and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing liquidated damages amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of Section 5.75.7 and Section 5.6, in each instance where the Design-Builder Construction Manager removes or reassigns one of the key personnel listed in Exhibit C K as being subject to liquidated damagesdamagesa replacement fee, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder Construction Manager or any affiliate of the Design-Builder Construction Manager or any affiliate of the Design-BuilderConstruction Manager, or (b) with the prior written consent of the Department, then the Design-Builder Construction Manager shall pay to the Department the amount set forth in the Project Information Section of this Agreement as liquidated damages anda replacement fee and not a penalty, to reimburse the Department for its administrative costs arising from the Design-BuilderConstruction Manager’s failure to provide the Key Personnel. The foregoing liquidated damages damagesreplacement fee amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of Section 5.7, in each instance where the Design-Builder removes or reassigns one of the key personnel listed in Exhibit C as being subject to liquidated damages, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design-Builder, or (b) with the prior written consent of the Department, then the Design-Design- Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as liquidated damages and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing liquidated damages amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.

Removal or Replacement of Key Personnel. Subject to the terms of Section 5.7, in each instance where the Design-Builder removes or reassigns one of the key personnel listed in Exhibit C F as being subject to liquidated damages, other than (a) for reasons where such personnel become unavailable due to death, disability or separation from the employment of the Design-Builder or any affiliate of the Design-Builder or any affiliate of the Design-Builder, or (b) with the prior written consent of the Department, then the Design-Design- Builder shall pay to the Department the amount set forth in the Project Information Section of this Agreement as liquidated damages and not a penalty, to reimburse the Department for its administrative costs arising from the Design-Builder’s failure to provide the Key Personnel. The foregoing liquidated damages amount shall not bar recovery of any other damages, costs or expenses other than the Department’s internal administrative costs.