Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Seller as Contract Security pursuant to Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Stipulated Damages. The Contractor shall begin work within ten (10) days of receipt of written notice from the applicable Director, to do so. If the Contractor fails to complete and finish the work in conformity with the terms and provisions of this Contract within the time hereinbefore specified, he shall pay to the City the sum of Five Hundred Dollars ($500.00) for each and every day thereafter, including Sundays and holidays, that the finishing of the Contract is delayed, which sum shall be construed as stipulated and liquidated damages and not as a penalty and shall be deducted from the amount due by the terms of the Contract; provided, however, that in case of justifiable delay, the City shall extend the time for completion of said work as provided for in Article G.7, but no extension of time for any reason beyond the time fixed herein for the completion of the work shall be deemed a waiver by the City of the right to abrogate this Contract for abandonment for delay.
Stipulated Damages. The Design-Builder agrees to the assessment of stipulated damages as provided in the Contract Documents at Part 2 – DB Sections 100s, DB Section 108-8.
Stipulated Damages. The damages to NewCo upon of a violation of this Agreement with respect to hiring or soliciting a Restricted Party is difficult if not impossible to calculate and, upon a violation of Paragraph 3, Contributor jointly and severally shall pay NewCo liquidated damages of $100,000 for each Restricted Party solicited or hired by Contributor (or any entity owned or controlled in whole or in part by a Contributor). If Contributor fails to pay or perform such liability or obligation within five (5) days after written demand, then such amounts owed by Contributor hereunder may be set off from time to time from any amount NewCo (or its affiliate) owes a Contributor (or its affiliate).
Stipulated Damages. NYSERDA and Grant Recipient hereby agree, acknowledge and stipulate that NYSERDA’s retention of amounts provided by Grant Recipient as Contract Security pursuant to this Article VIII, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to quantify adequately the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security.
Stipulated Damages. 28. Epsilon and the Government agree that the Government, in its sole discretion, may impose damages (“Stipulated Damages”) for any failure by Epsilon to effectively perform an obligation set forth in Paragraphs 19 or 20 of this Agreement or Attachment C (collectively, the “Compliance Measures”). Stipulated Damages shall be calculated as ten thousand dollars ($10,000) total per day if Compliance Measures are not effectively performed, and will be assessed as follows:
Stipulated Damages. NYSERDA and Seller hereby agree, acknowledge and stipulate that XXXXXXX’s retention of amounts provided by Seller as Contract Security pursuant to this Article XV, in the proportions stated within this Article, is fair and reasonable under the circumstances and in light of the uncertainty and inability to adequately quantify the harm that would result to NYSERDA as a result of the events that permit NYSERDA to retain such amounts of the Contract Security. In addition, and notwithstanding the foregoing, Seller agrees and covenants that in the event that this Agreement is terminated as a result of an Event of Default by Seller, Seller shall not, without NYSERDA’s prior written consent, enter into any agreement for the sale of or otherwise sell or deliver any party other than NYSERDA any ORECs, other renewable energy certificates or other environmental attributes of renewable electricity generation produced by any electric generating station located at the Selected Project for a period of thirty-six (36) months after the effective date of such termination (a “Terminate and Operate Action”). Seller expressly agrees that, in the event of a Terminate and Operate Action, NYSERDA shall be permitted to retain any Contract Security as stipulated damages and pursue specific performance of this Agreement as under this Section 15.08, as though Seller has committed a breach hereof. The obligations of Seller under this Article shall survive any expiration or termination of this Agreement.
Stipulated Damages. The XXXX Contractor agrees to the assessment of stipulated damages as provided in the Contract Documents at Part 2 – XXXX Sections 500s, XXXX Section 507-8.
Stipulated Damages. The damages to Buyer upon of a violation of this Agreement with respect to hiring a Restricted Party is difficult if not impossible to calculate and, upon a violation of Paragraph 3, Seller jointly and severally shall pay Buyer liquidated damages of $100,000 for each Restricted Party hired by Seller (or any entity owned or controlled in whole or in part by a Seller). If Seller fails to pay or perform such liability or obligation within five (5) days after Buyer’s written demand, then such amounts owed by either Seller hereunder may be set off from any amount Buyer (or its affiliate) owes Seller (or its affiliate).
Stipulated Damages. The Contractor shall begin work within ten (10) days of receipt of written notice from the applicable Director, to do so. If the Contractor fails to complete and finish the work in conformity with the terms and provisions of this Contract within the time hereinbefore specified, he shall pay to the City the sum of Fifty Dollars ($50) for each and every day thereafter, including Sundays and holidays, that the finishing of the Contract is delayed, which sum shall be construed as stipulated and liquidated damages and not as a penalty and shall be deducted from the amount due by the terms of the Contract; provided, however, that in case of justifiable delay, the City shall extend the time for completion of said work as provided for in Article G.7, but no extension of time for any reason beyond the time fixed herein for the completion of the work shall be deemed a waiver by the City of the right to abrogate this Contract for abandonment for delay. LIENS. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the City a complete release of all liens arising out of this Contract, or receipts in full in lien thereof, and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and material for which a lien could be filed. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the City all monies that the latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee
