Assessment of Liquidated Damages. Construction Manager shall advise the District on the Liquidated Damages that shall be assessed against any Trade Contractor for failure to comply with the Baseline Schedule or Schedule Updates, failure to meet Milestones or the Contract Time and failure to timely complete the correction of all Punch-list items. Construction Manager shall immediately notify the District when Liquidated Damages become applicable on account of a Trade Contractor’s failure to perform so the District and Construction Manager can notify the Trade Contractor that the Liquidated Damages period has commenced.
Assessment of Liquidated Damages. 13.1.1 If the work is not completed within the time specified in Exhibit “B” to this Agreement plus applicable extensions of time, it is understood that the District will suffer damages. The Construction Manager and District hereby agree that the exact amount of damages for failure to complete the work within the time specified is extremely difficult or impossible to determine. Construction Manager shall be assessed the sum of Three Hundred dollars ($300.00) per day as liquidated damages for each and every day the work required under this Agreement remains unfinished past the time for completion, as set forth in the Agreement, and any extensions of time granted by the DISTRICT under the terms of the contract documents.
Assessment of Liquidated Damages. In the event, a request for an extension is denied, a report including the written determination, analysis and related documentation shall be forwarded to the ACCO for consideration and assessment of liquidated damages. Notwithstanding the foregoing, neither the failure to assess liquidated damages at this time, nor the report itself, nor the granting of a time extension, shall operate as a waiver or release of any claim the City may have against the Contractor for either actual or liquidated damages.
Assessment of Liquidated Damages. 1) For each determination that the MCO fails to substantially provide medically necessary services, makes misrepresentations or false statements to Members, potential Members or health care providers, engages in marketing violations or fails to comply with the physician incentive plan requirements, not more than $25,000;
Assessment of Liquidated Damages. In the case of final completion payments for subcontracted work, liquidated damages shall be assessed as determined by the delay analysis. However, neither the failure to assess liquidated damages at this time, nor the report itself, nor the granting of a time extension at final completion, shall operate as a waiver or release of any claim CUCF may have against the Subcontractor for either actual or liquidated damages.
Assessment of Liquidated Damages. The Parties agree that liquidated damages may be assessed as a remedy only in the event that the Party in Default has failed to cure in conformance with Section 21(c) of this IRU Agreement or the Parties have been unable to resolve the Default pursuant to the dispute resolution provisions of Section 24 of this IRU Agreement. In the event that liquidated damages are assessed as a remedy under this IRU Agreement against a defaulting Party in connection with a Default pursuant to this IRU Agreement, the non-defaulting Party shall send the defaulting Party an invoice specifying the amounts assessed and the time period subject to assessment of liquidated damages, which may not include any period prior to delivery of the Notice of Default that is the subject of assessment of liquidated damages
Assessment of Liquidated Damages. Contractor’s refusal, failure, and/or delay in performing the Services as required by a purchase order issued in accordance with this Agreement shall subject Contractor to liquidated damages. The remedies provided under this Section 2.4 shall be in addition to any other rights that FCSS may have under the Contract.
Assessment of Liquidated Damages. (3) Assessment of Civil Monetary Penalties; and/or
Assessment of Liquidated Damages. Liquidated damages shall be assessed only after Contractor has been given the opportunity to rectify the deficiencies of which it has been notified, but has failed to do so within a reasonable period of time. County shall notify Contractor in writing of its intention to levy liquidated damages no less than thirty
Assessment of Liquidated Damages. (1) Failure to provide services on three (3) or more occasions may result in termination of the Agreement or the institution/facility not having to contact Contractor prior to contacting other contractors for the duration of the Agreement term. The CCHCS Direct Care Contracts Section Staff Services Manager III or designee has the sole discretion in this decision.
