Examples of Guaranteed Milestones in a sentence
If ACRO fails to achieve any Guaranteed Milestones on or before the applicable date, then ACRO shall be responsible for Delay Liquidated Damages as provided in Section 7.8. ACRO shall not be excused from any failure to achieve any of the Guaranteed Milestones on or before the applicable date, except as the result of Changes approved by HI- POWER or to which ACRO is entitled in accordance this Agreement, including under Article 9.
ACRO shall perform the Work in accordance with the Project Schedule and achieve all Guaranteed Milestones by the corresponding completion date set forth in the Project Schedule.
The Parties agree that it would be extremely difficult to precisely determine the amount of actual damages that would be suffered by HI-POWER as a result of a delay in achieving the Guaranteed Milestones, but that the Delay Liquidated Damages are a fair and reasonable determination of the amount of actual damages that would be suffered by HI-POWER for delays beyond the applicable dates, and that the Delay Liquidated Damages do not constitute a penalty.
For the avoidance of doubt, completion of each Guaranteed Milestone on or before the applicable date is a separate and independent guaranty, and ACRO will accrue liability for Delay Liquidated Damages on a cumulative basis for any and all Guaranteed Milestones that are not achieved on or prior to the applicable dates.
ACRO shall organize, supervise, and execute all Work hereunder in a manner sufficient to achieve each of the Guaranteed Milestones, if any, on or before the applicable dates and otherwise as required to satisfy any deadlines set forth herein.
If ACRO fails to achieve any of the Guaranteed Milestones on or before the applicable date, then ACRO shall pay HI-POWER, as liquidated damages and not as a penalty, an amount as set forth in the applicable Purchase Order, with respect to such delay in achieving the Guaranteed Milestone (collectively, the "Delay Liquidated Damages") for each day from and after the applicable date, until the achievement of the Guaranteed Milestone.
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