Time is of the Essence/Liquidated Damages Sample Clauses

Time is of the Essence/Liquidated Damages. Time is of the essence in the performance of this Contract. The Contractor shall diligently pursue the Project work to physical completion by the date specified in Section 1. If said work is not completed within the time specified, the Contractor agrees to pay the City as liquidated damages the sum set forth in Section 1-08.9 of the Standard Specifications for each and every calendar day said work remains uncompleted after expiration of the specified time.
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Time is of the Essence/Liquidated Damages. Because of the commitments of the parties, time is of the essence in this Agreement. If Seller has performed under this Agreement and Buyer fails to comply with the terms of this Agreement by the scheduled closing date (unless said closing date has been extended), then Buyer’s right to return of the Xxxxxxx Money shall be forfeited and the Xxxxxxx Money paid to Seller. Further, in the event of Xxxxx’s default hereunder, Xxxxx agrees to pay to Xxxxxx ( %) percent of the Purchase Price as liquidated damages, actual damages being difficult, if not impossible, to ascertain. Seller may further elect to pursue any and all other remedies provided under the laws of the state of Missouri. If Buyer has performed under this Agreement and Seller fails to comply with the terms of this Agreement by the scheduled closing date, Buyer may release Seller from liability, in which case the xxxxxxx money will be refunded to Buyer and Seller shall reimburse Buyer for all direct costs and expenses as specified in writing by Xxxxx, or Buyer may pursue any remedy at law or in equity, including but not limited to suit for actual damages or specific performance. Buyer’s release of Seller shall not relieve Seller of any liability owed to any broker(s). The holder of the xxxxxxx money will not be liable for it until actually in the form of cash in the holder's possession. The holder of the Xxxxxxx Money or any other escrowed funds or documents in connection herewith shall not distribute any of such funds or documents without the written consent of all parties to this Agreement. The signatures of Buyer and Seller on the Closing Statement(s) shall constitute such consent. If Xxxxx fails to pay additional xxxxxxx money when due (if required) or if the xxxxxxx money is to be paid over to Seller as liquidated damages because of Buyer's failure to comply with this Agreement, then the xxxxxxx money will go first toward paying or reimbursing expenses of Seller or any agent or transaction broker incurred in this transaction. If Buyer and Seller have a dispute over the return or forfeiture of xxxxxxx money held in the aforementioned escrow account, the deposit may be held in the escrow account until the holder obtains written release from all parties consenting to disposition or until a civil action is filed to determine disposition, at which time the holder may pay the funds into court, less any attorney fees, court costs and other legal expenses incurred by the holder of said funds in connect...
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Time is of the Essence/Liquidated Damages. Time is of the essence for all of Contractor’s obligations under this Agreement. The Town will be entitled to Liquidated Damages as set forth at Section 2.4.2.
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Time is of the Essence/Liquidated Damages. 39.1 If the L-POA shall neglect, or refuse to complete the Work by November 9, 2011, as extended hereunder, which is n the time specified for Substantial Completion in this Agreement, (except for reasons outlined in section 20 of the Agreement) and such delay is not caused by change in specification or an act or omission of Purchaser or its agents or representatives, L-POA does hereby agree, as a part consideration for the awarding of this Agreement, to pay to the Purchaser, as liquidated damages and not as a penalty for every day the Completion Date is later than the Scheduled Completion Date, as follows; first seven days is $2,500/day, next seven days is $5,000/day, and $10,000/day thereafter but in no case will liquidated damages exceed five percent (5%) of the Contract Price in the aggregate. The said amount is fixed and agreed on by and between L-POA and the Purchaser because of the impracticability and extreme difficulty of fixing and ascertaining the true value of the damages which the Purchaser will sustain by failure of the L-POA to complete the Work on time, such as loss of revenue, loss of and other damages, some of which are indefinite and not susceptible of easy proof, said amount is agreed to be a reasonable estimate of the amount of damages which the Purchaser will sustain and said amount shall be deducted from any monies due or that may become due to L-POA and such amount shall be the entire damages that Purchaser shall be entitled to recover due to L-POA failure to complete the Lift on a timely basis and is in lieu of all other damages, special, general, consequential or otherwise, to which Purchaser may be entitled pursuant to the laws of the jurisdiction.
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Time is of the Essence/Liquidated Damages. Time, including but not limited to the Commencement Date and the Contract Time, is of the essence for each Job Order (if any) and the Work required under it. Owner may, in its discretion, as part of the Job Order or the Request for Quote, identify an amount that will be deducted from the Project Cost as liquidated damages for each consecutive calendar day beyond the Contract Time that Contractor is delayed in completing the Work. The Work is not complete so long as deficiencies found during the final testing and inspection of the Work is not completed. The amount deducted in accordance with the immediately preceding sentence is not a penalty but liquidated damages representing the parties’ good faith estimate, at the time of execution of a Job Order, of the damages Owner will sustain for late completion.‌
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Time is of the Essence/Liquidated Damages. Time is of the essence in the performance of this Contract. The Contractor shall diligently pursue the Project work to physical completion by the date specified in Section 1. If said work is not completed within the time specified, the Contractor agrees to pay the District as liquidated damages the sum of $1,000 for each and every calendar day said work remains uncompleted after expiration at the specified time. Liquidated damages will not be assessed for days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract.
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Time is of the Essence/Liquidated Damages. Time is of the essence in the performance of this Contract. The Contractor agrees to work promptly and fully complete the work within the limits as described in the Contract Documents. Failure to complete the work within the allowed time limit will subject the Contractor to the payment of liquidated damages as described in herein. Delays in the completion of this Contract will negatively affect the efficient and continuous operation of Silverdale Recycling & Garbage Facility. Delays also cost taxpayers undue sums of money, adding time needed for additional administration, engineering, inspection, and supervision. Accordingly, the Contractor agrees to pay liquidated damages in the amount of $500.00 for each working day beyond the number of working days established below, and to authorize the County to deduct these liquidated damages from any money due to coming due to the Contractor. When the Contract Work has progressed to Substantial Completion as defined below, the County may determine the Contract Work is Substantially Complete. The County will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages identified above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the County, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract.
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Related to Time is of the Essence/Liquidated Damages

  • Time is of the Essence Time is of the essence of this Agreement and of each and every provision hereof.

  • Time is of Essence Time is of the essence in the performance of this Agreement.

  • Time of the Essence Time shall be of the essence of this Agreement.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • Obligation Absolute; Partial Liquidated Damages The Company’s obligations to issue and deliver the Conversion Shares upon conversion of this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person, and irrespective of any other circumstance which might otherwise limit such obligation of the Company to the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Company of any such action the Company may have against the Holder. In the event the Holder of this Debenture shall elect to convert any or all of the outstanding principal amount hereof, the Company may not refuse conversion based on any claim that the Holder or anyone associated or affiliated with the Holder has been engaged in any violation of law, agreement or for any other reason, unless an injunction from a court, on notice to Holder, restraining and or enjoining conversion of all or part of this Debenture shall have been sought and obtained, and the Company posts a surety bond for the benefit of the Holder in the amount of 150% of the outstanding principal amount of this Debenture, which is subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the underlying dispute and the proceeds of which shall be payable to the Holder to the extent it obtains judgment. In the absence of such injunction, the Company shall issue Conversion Shares or, if applicable, cash, upon a properly noticed conversion. If the Company fails for any reason to deliver to the Holder such Conversion Shares pursuant to Section 4(c)(ii) by the Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of principal amount being converted, $10 per Trading Day (increasing to $20 per Trading Day on the fifth (5th) Trading Day after such liquidated damages begin to accrue) for each Trading Day after such Share Delivery Date until such Conversion Shares are delivered or Holder rescinds such conversion. Nothing herein shall limit a Hxxxxx’s right to pursue actual damages or declare an Event of Default pursuant to Section 8 hereof for the Company’s failure to deliver Conversion Shares within the period specified herein and the Holder shall have the right to pursue all remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief. The exercise of any such rights shall not prohibit the Holder from seeking to enforce damages pursuant to any other Section hereof or under applicable law.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Time of Essence Time is of the essence of this Agreement.

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