Common use of TIME FOR COMPLETION AND LIQUIDATED DAMAGES Clause in Contracts

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 50) Time is of the essence of each and every portion of this Contract. It is hereby understood and mutually agreed, by and between the Contractor and the Sponsor, that the date of beginning and the time for completion as specified in Section IV of this Contract of the work to be done hereunder are essential conditions of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that the Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed that the time for the completion of the Work set forth in this Contract is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Upon becoming aware of any reason why there may be a delay in the completion of any portion of the Work under this Contract, the Contractor shall notify the Project Manager of the nature and cause of the delay. If the Contractor refuses, neglects or fails for any reason to complete the work within the time specified, or any proper extension thereof granted by the Sponsor in its sole discretion, then the Contractor shall pay the Sponsor the amount specified in this Contract, not as a penalty but as liquidated damages for such breach of contract. Such amount is fixed and agreed upon by and between the Contractor and the Sponsor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Sponsor would in such event sustain. PROJECT COMPLETION AND FINAL PAYMENT

Appears in 2 contracts

Samples: Agreement, Agreement

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TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 5044) Time is of the essence of each and every portion of this Contract. It is hereby understood and mutually agreed, by and between the Contractor and the SponsorOwner, that the date of beginning and the time for completion as specified in Section IV of this Contract of the work to be done hereunder are essential conditions of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that the Work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed that the time for the completion of the Work set forth in this Contract is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Upon becoming aware of any reason why there may be a delay in the completion of any portion of the Work under this Contract, the Contractor shall notify the Project Manager Owner of the nature and cause of the delay. If the Contractor refuses, neglects or fails for any reason to complete the work within the time specified, or any proper extension thereof granted by the Sponsor Owner in its sole discretion, then the Contractor shall pay the Sponsor Owner the amount specified in this Contract, not as a penalty but as liquidated damages for such breach of contract. Such amount is fixed and agreed upon by and between the Contractor and the Sponsor Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Sponsor Owner would in such event sustain. PROJECT COMPLETION AND FINAL PAYMENT

Appears in 1 contract

Samples: Agreement

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 50) Time is of the essence of each and every portion of this Contract. It is hereby understood and mutually agreed, by and between the Contractor and the SponsorOwner, that the date of beginning and the time for completion as specified in Section IV of this Contract the contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this Contractcontract; and it is further mutually understood and agreed that the work embraced in this Contract contract shall be commenced on a date to be specified in the "Notice to ProceedNOTICE TO PROCEED." The Contractor agrees that the Work said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed agreed, by and between the Contractor and the Owner, that the time for the completion of the Work set forth in this Contract work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Upon becoming aware of any reason why there may be a delay in If the completion of any portion of the Work under this Contract, the said Contractor shall notify the Project Manager of the nature and cause of the delay. If the Contractor refusesneglect, neglects fail or fails for any reason refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Sponsor in its sole discretionOwner, then the Contractor shall does hereby agree, as a part consideration for the awarding of this contract, to pay to the Sponsor Owner the amount specified in this Contractthe contract, not as a penalty but as liquidated damages for such breach of contractcontract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. Such The said amount is fixed and agreed upon by and between the Contractor and the Sponsor Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Sponsor Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. PROJECT COMPLETION AND FINAL PAYMENTIt is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the contract, an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:

Appears in 1 contract

Samples: General Conditions

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 50) Time is of the essence of each and every portion of this Contract. It is hereby understood and mutually agreed, by and between the Contractor CONTRACTOR and the SponsorOWNER, that the date of beginning and the time for completion as specified in Section IV of this the Contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." ". The Contractor CONTRACTOR agrees that the Work said work shall be prosecuted regularly, diligently, diligently and uninterruptedly without interruption at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the Work set forth in this Contract work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Upon becoming aware of any reason why there may be a delay in the completion of any portion of the Work under this Contract, the Contractor shall notify the Project Manager of the nature and cause of the delay. If the Contractor refusessaid CONTRACTOR shall neglect, neglects fail or fails for any reason refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Sponsor in its sole discretionOWNER, then the Contractor shall CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Sponsor OWNER the amount specified in this the Contract, not as a penalty penalty, but as liquidated damages for such breach of contractContract as hereinafter set forth, for each and every consecutive calendar day, including, but not limited to, all Saturdays, Sundays, and Federal, State, and City of Port Xxxxxx holidays and that the CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. Such The said amount is fixed and agreed upon by and between the Contractor CONTRACTOR and the Sponsor OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Sponsor OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. PROJECT COMPLETION AND FINAL PAYMENTIt is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the CONTRACTOR shall not be charged with any part of liquidated damages or any excess cost when the OWNER determines that any part of liquidated damages was not the fault of the CONTRACTOR and the OWNER determines that the request for extension by the CONTRACTOR is justified and due to:

Appears in 1 contract

Samples: Construction Contract Agreement

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TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 50) Time is of the essence of each and every portion of this Contract. It is hereby understood and mutually agreed, by and and-between the Contractor and the SponsorOwner, that the date of beginning and the time for completion as specified in Section IV of this the Contract of the work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." ". The Contractor agrees that the Work said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed agreed, by and between the Contractor and the Owner, that the time for the completion of the Work set forth in this Contract work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Upon becoming aware of any reason why there may be a delay in If the completion of any portion of the Work under this Contract, the said Contractor shall notify the Project Manager of the nature and cause of the delay. If the Contractor refusesneglect, neglects fail or fails for any reason refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Sponsor in its sole discretionowner, then the Contractor shall does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Sponsor Owner the amount specified in this the Contract, not as a penalty but as liquidated damages for such breach of contractContract, as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. Such The said amount is fixed and agreed upon by and between the Contractor and the Sponsor owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Sponsor Owner would in such event sustain, and said amount is agreed to be the amount of damages which the owner would sustain, and said amount shall be retained from time to time by the Owner from current periodical estimates. PROJECT COMPLETION AND FINAL PAYMENTIt is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of-any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:

Appears in 1 contract

Samples: Proposal Contract

TIME FOR COMPLETION AND LIQUIDATED DAMAGES. 50) Time is of the essence of each and every portion of this Contract. It is hereby understood and mutually agreed, by and and-between the Contractor and the SponsorOwner, that the date of beginning and the time for completion as specified in Section IV of this the Contract of the work Work to be done hereunder are essential conditions ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work Work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." ". The Contractor agrees that the Work said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure ensure full completion thereof within the time specified. It is expressly understood and agreed agreed, by and between the Contractor and the Owner, that the time for the completion of the Work set forth in this Contract described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. Upon becoming aware of any reason why there may be a delay in If the completion of any portion of the Work under this Contract, the said Contractor shall notify the Project Manager of the nature and cause of the delay. If the Contractor refusesneglect, neglects fail or fails for any reason refuse to complete the work Work within the time herein specified, or any proper extension thereof granted by the Sponsor in its sole discretionOwner, then the Contractor shall does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Sponsor Owner the amount specified in this the Contract, not as a penalty but as liquidated damages for such breach of contractContract, as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the Work. Such The said amount is fixed and agreed upon by and between the Contractor and the Sponsor Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Sponsor Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be retained from time to time by the Owner from current periodical estimates. PROJECT COMPLETION AND FINAL PAYMENTIt is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due:

Appears in 1 contract

Samples: Proposal Contract

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