Sole Remedy for delay Sample Clauses

Sole Remedy for delay. (a) Except if the State elects to terminate this Agreement as a result of an Immediate Termination Event, the State’s sole financial remedy, and Project Co’s sole financial liability, for failure to achieve Commercial Acceptance by the Date for Commercial Acceptance is limited to: (i) the liquidated damages required to be paid by Project Co under Clause 21A.4; and (ii) the amount of the Monthly Service Payment and State Loan Payment not required to be paid by the State in those circumstances (Relevant Amounts), and Project Co’s liability in those circumstances is fully and finally satisfied by the State receiving from Project Co the liquidated damages required to be paid by Project Co under Clause 21A.4 and by the State not paying the Relevant Amounts. (b) Clause 4.7(a) does not affect the State’s rights under this Agreement (including any indemnity to which it is entitled) in respect of: (i) giving a Default Notice and otherwise exercising its rights under Clause 43 in respect of the delay; and (ii) any matter other than a delay to Commercial Acceptance, including any matter that occurs during the period of the delay.
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Sole Remedy for delay. 13.5.1 A breach of Clause 13.1.1 or 13.1.2 shall not of itself be capable of giving rise to a Contractor Default under limb (a) of that definition and the Authority’s remedy for the Contractor not achieving the Readiness Date by the Planned Readiness Date, the Services Commencement Date by the Planned Services Commencement Date is limited to: (a) the operation of Schedule 4 (Payment Mechanism) (or, as applicable, any delay in its operation becoming effective because Services Commencement has not been achieved); and/or (b) termination under Clause 67 (Termination for Contractor Default) pursuant only to limbs (l) or (m) of the definition of Contractor Default); and/or, (c) where applicable, Clause 69 (Termination on Force Majeure); and/or (d) the indemnity set out in Clause 20 (Delays).
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Sole Remedy for delay. 13.5.1 A breach of Clause 13.1.1 or 13.1.2 shall not of itself be capable of giving rise to a Contractor Default under limb (a) of that definition and the Authority’s remedy for the Contractor not achieving the Readiness Date by the Planned Readiness Date, the Services Commencement Date by the Planned Services Commencement Date is limited to: (a) the operation of Schedule 4 (Payment Mechanism) (or, as applicable, any delay in its operation becoming effective because Service Commencement has not been achieved); and/or
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Sole Remedy for delay. Payment of the Delay Liquidated Damages shall be the Owner’s sole and exclusive remedy for Contractor’s failure to achieve Completion on or before the Completion Date; provided, however, that Delay Liquidated Damages are intended only to cover damages suffered by Owner as a result of delay and shall not be deemed to cover the cost of completion of the work or any other obligation or remedy specifically set forth in the Agreement, and Owner shall be entitled to rely on its other remedies under this Agreement for such defaults.
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Related to Sole Remedy for delay

  • Sole Remedy After the Closing, no Party shall have liability under this Agreement or the transactions contemplated hereby except as is provided in this Article VIII (other than claims or causes of action arising from fraud, and other than claims for specific performance or claims arising under any Transaction Documents (which claims shall be subject to the liability provisions of such Transaction Documents)).

  • Sole Remedies THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY ------------- AND ALL WARRANTIES AND THE SOLE REMEDIES FOR THE COMPANY'S LIABILITY IF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE PRODUCTS AND SERVICES COVERED BY THIS AGREEMENT AND ALL OTHER PERFORMANCE BY THE COMPANY UNDER OR PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO THE REMEDIES PROVIDED IN SECTION 5 HEREOF.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

  • Termination Not Sole Remedy Termination is not the sole remedy under this Agreement and, whether or not termination is effected and notwithstanding anything contained in this Agreement to the contrary, all other remedies shall remain available except as agreed to otherwise herein.

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Limited Remedy If Microsoft, or the device manufacturer or installer, breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the device on which the software was preinstalled) for a refund of the amount paid, if any. The device manufacturer or installer (or Microsoft if you acquired them directly from Microsoft) may also repair or replace supplements, updates, and replacement of the software or provide a refund of the amount you paid for them, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Epidemic Failure Remedy If an Epidemic Failure occurs, all costs, including but not limited to, replacement Products, parts, upgrades, materials, labor, transportation and inventory replacement arising from an Epidemic Failure shall be borne by Supplier, regardless of whether DXC initiates a field stocking recall or customer-based recall or retrofit, including Products in distributor inventory and DXC’s installed base. Supplier, at its expense, will ensure that such Products, parts or upgrades have the highest shipping priority. DXC reserves the right to procure, upon terms it deems appropriate, similar products to substitute the affected Products, and Supplier shall promptly reimburse DXC for all costs, charges, prices and fees paid in purchasing the substitute products.

  • Specific Remedy In addition to such other rights and remedies as the Company may have at equity or in law with respect to any breach of this Agreement, if you commit a material breach of any of the provisions of Sections 9.1, 9.2, or 10, the Company shall have the right and remedy to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company.

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