Breach of Contract and Liquidated Damages Sample Clauses

Breach of Contract and Liquidated Damages. A. Where OGS determines that the Contractor is not in compliance with the requirements of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS.
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Breach of Contract and Liquidated Damages. A. In accordance with Executive Law Section 316-a and 5 NYCRR § 142.13, the Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, such a finding constitutes a breach of contract and the Contractor shall be liable to OGS for liquidated or other appropriate damages, as set forth herein.
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Breach of Contract and Liquidated Damages and/or enforcement proceedings as allowed by the Contract and applicable law.
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Breach of Contract and Liquidated Damages. In accordance with 5 NYCRR § 142.13, Contractor acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in a State Agency Authorized User Mini-bid Agreement, such finding may constitute a breach of the Mini-bid Agreement and the applicable State Agency Authorized User may withhold payment from the Contractor as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payment to MWBEs had the Contractor achieved the Mini-bid Agreement MWBE goals and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Mini-bid Agreement or as otherwise identified in the State Agency Authorized User Mini-bid Agreement.
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Breach of Contract and Liquidated Damages. A. Contract Monitoring System Agency:
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Breach of Contract and Liquidated Damages. Xxxx reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angi’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Xxxx to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Xxxx the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angi’s damages for the specified breaches of this Agreement: If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Xxxx One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Xxxx may (but is not required) issue the Company a warning before assessing damages. If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angi members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited. If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Xxxx, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Xxxx to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, the...
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Breach of Contract and Liquidated Damages. Better Me Baja reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Service Provider Subscription (b) promotional privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Better Me Baja’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Better Me Baja to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Better Me Baja the incurred amounts as liquidated damages, which the Company accepts as reasonable estimates of Better Me Baja’s damages for the specified breaches of this Agreement: If the Company posts Service Provider Content in violation of this Agreement, the Company agrees to promptly pay Better Me Baja Twenty Thousand Pesos ($20,000 mx) for each item of Service Provider Content posted in violation of this Agreement. Better Me Baja may (but is not required) issue the Company a warning before assessing damages. If the User or Service Provider exploits for any purpose (commercial or otherwise) any Service Provider Content, profiles of Better Me Baja members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Two Hundred Thousand Pesos ($200,000 mx) per report, record or review exploited. If the User or Service Provider uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Better Me Baja members, Service Provider content (including Service Provider profiles) or any other content contained on the Website or in any other publication of Better Me Baja, the offending party agrees to pay Twenty Thousand Pesos ($20,000 mx) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied. Except as set forth in the foregoing subparagraphs (a) through (c), inc...
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Breach of Contract and Liquidated Damages. 29 ADMINISTRATIVE AND REPORTING REQUIREMENTS Report of Contract Purchases 30 30 Updated Certification of Required Insurances NEW YORK STATE STATEWIDE FINANCIAL SYSTEM 30 30 ELECTRONIC WORKFLOW SYSTEM 31 NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS 31 ACCESSIBILITY OF WEB-BASED INFORMATION AND APPLICATIONS 31 PRICE ADJUSTMENTS FOR OGS CENTRALIZED CONTRACTS 31 Price Decreases 32 Price Increases 32 GSA Benchmarked Pricing PERFORMANCE/BID BOND AND LETTER OF CREDIT 32 33 SEVERABILITY 33 ENTIRE AGREEMENT 33 5 AUTHORIZED USER OVERVIEW AND MINI-BID PROCESS AUTHORIZED USER’S STATEMENT OF WORK 33 34 Fixed-Price 34 6 AUTHORIZED USER TERMS AND CONDITIONS MINI-BID TRANSACTIONAL ORDER OF PRECEDENCE 35 35 CONTRACT SURVIVAL 35 NO COST CHANGE REQUEST 35 ENHANCEMENT BUDGET 35 CONTRACTOR RESPONSIBILITIES 36 Project Organization Chart 36 Eligibility to Work 36 Additional Requirements from Authorized Users AUTHORIZED USER ENGAGEMENT REQUIREMENTS 36 36 DELIVERABLES FOR AN AUTHORIZED USER AGREEMENT (TRANSACTION) 37 RETAINAGE 37 REASONABLENESS OF PRICE 37 TRAVEL, MEALS AND LODGING 37 PAYMENT SCHEDULE 38 MINI-BID DISPUTE RESOLUTION PROCESS 38 MINI-BID PROPOSAL VALIDITY 39 SIGNATURE PAGE 41 Appendix A – Standard Clauses For New York State Contracts Appendix B – General Specifications January 2015 22772 Project Based Information Technology Consulting (Statewide) Appendix C – Contract Modification Procedure Appendix D – Pricing Schedule Appendix E – Report of Contract Purchases Appendix F – Project Based Information Technology Consulting Services Processes and Forms Attachment 1- Mini-Bid Template Attachment 2- How to Use This Contract Attachment 3- Enhancement Request Template Attachment 4- No Cost Change Request Template Attachment 5- Mini-Bid Participation Interest Template Appendix G – Contractor and OGS Information Appendix H – Contractor’s Insurance Requirements 1 Introduction
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Breach of Contract and Liquidated Damages 
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Related to Breach of Contract and Liquidated Damages

  • Breach of Contract Claims To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.

  • BREACH OF CONTRACT TERMS The State reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • Remedy Damages The Contractor shall promptly remedy damages and loss to property at the Site caused by the Contractor, by any Subcontractor, by anyone directly or indirectly employed by the Contractor or any such Subcontractor, or by anyone for whose acts the Contractor or any such Subcontractor may be liable. Should the Contractor cause damage to any Separate Contractor‘s work, the Contractor agrees, upon due notice, to settle with the Separate Contractor.

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

  • CONTRACT TIME AND LIQUIDATED DAMAGES (7-1-95) (Rev. 12-18-07) 108 SP1 G10 A The date of availability for this contract is September 26, 2016. The completion date for this contract is October 31, 2017. Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds. The liquidated damages for this contract are Two Thousand Dollars ($ 2,000.00) per calendar day.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Breach of Contract and Cure If either party breaches any of the covenants, promises, agreements, representations, and warranties provided by this Agreement, then the non-breaching party shall provide written notice of the breach to the address provided below for written notices under this Agreement by hand-delivery, U.S. Mail, commercial delivery service, such as Fed Ex or UPS, or fax, identifying the nature of the breach and providing the breaching party with ten (10) days from the delivery of the written notice to cure the breach. If the breaching party fails to cure the breach within ten (10) days of the delivery of the written notice of the breach, then the non-breaching party may terminate this contract for cause as set forth below and pursue any and all remedies for the breach available at law. If the District notifies Contractor that it is in breach of this Agreement, then the District may withhold all future payments to Contractor until any dispute regarding the breach of contract is resolved by the mutual, written agreement of the parties or by the entry of a final judgment by a court of law of competent subject matter jurisdiction and the resolution of any possible appeals from any such judgment. If the District withholds any payments to Contractor pursuant to this paragraph, then the District shall not be required to pay Contractor any amounts ultimately determined to be owed by the District to Contractor under this Agreement until any breach of contract dispute is resolved by the mutual, written agreement of the parties or by the entry of a final judgment by a court of law of competent subject matter jurisdiction and the resolution of any possible appeals from such judgment. Contractor further agrees that it may not charge interest on any payments withheld by the District pursuant to this paragraph until the breach of contract is resolved by the mutual, written agreement of the parties or by the entry of a final judgment by a court of law of competent subject matter jurisdiction and the resolution of any possible appeals from such judgment

  • Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

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