Contractor’s Damages Sample Clauses

Contractor’s Damages. In the event of any cancellation or termination of this Agreement by AU pursuant to this Section 7, Contractor hereby agrees that AU shall have no liability to Contractor for any costs, expenses, damages, loss of profits, or any indirect, consequential, or special damages arising from or proximately caused by such cancellation or termination.
Sample 1
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Contractor’s Damages. Subcontractor’s liability for costs incurred by Contractor under this Subcontract shall include a 10% markup. This markup is not a penalty but is established as liquidated damages to compensate Contractor for its administrative costs and/or to allow Contractor a reasonable profit on work which Contractor must perform, or costs which Contractor must incur as a result of Subcontractor’s failure to properly perform.
Sample 1
Contractor’s Damages. Notwithstanding any provision to the contrary in any Article or Subarticle of this Subcontract, Subcontractor’s liability for costs incurred by Contractor on Subcontractor’s behalf, or on account of Subcontractor, or otherwise under any provision of this Subcontract shall include not only Contractor’s direct or out-of-pocket costs but also Contractor’s overhead associated with such costs. In addition, Contractor shall be entitled to a 10% markup on such direct or out-of-pocket costs. This markup is not profit nor a penalty but is established as liquidated damages to compensate Contractor for its administrative costs and/or to allow Contractor to recover its profit on work foregone as a result of Subcontractor’s failure to properly perform.
Sample 1
Contractor’s Damages. If for any reason, the County defaults, as defined in Article Sixteen and the default is not cured with the cure period specifically provided, the Contractor may withhold without penalty or interest any sum due the County to the extent the County is obligated to pay the Contractor for services performed. This amount shall be in addition to every other remedy now or hereinafter enforceable at law, or in equity. County’s Damages. If for any reason, the Contractor defaults, as defined in Article Sixteen and the default is not cured within the cure period provided, the County may withhold without penalty or interest, any sum due the Contractor, until the default is excused or cured. This amount shall be in addition to every other remedy now or hereinafter enforceable at law, or in equity. In the event of the Contractor’s failure to perform and after the Contractor has failed to cure his default, the Contractor shall be liable to the County for any additional expenses incurred by the County. In the event of such a default by the Contractor, the County may contract for the services of another independent Contractor to perform the services provided herein or may operate the facility with County staff and employees. Any expenses incurred by the County in excess of the sum which would have been paid to the Contractor shall be recoverable. Contractor agrees to pay all expenses incurred by the County in obtaining replacement services and in enforcing the terms and conditions of this agreement, including but not limited to attorney’s fees and costs. Effect of Termination. Termination of this agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this agreement prior to the effective date of termination.
Sample 1
Contractor’s Damages. 1. All damages incurred to existing facilities, trees, shrubbery, ground cover, etc., by the Contractor's operations, shall be repaired or replaced at the Contractor's expense.
Sample 1

Related to Contractor’s Damages

  • EXTRA-CONTRACTUAL DAMAGES Extra-contractual damages are defined as punitive, statutory or compensatory damages due to the Ceding Company's negligence, oppression, malice, fault, wrongdoing or bad faith in connection with an award against the Ceding Company in excess of the limits of the policy reinsured as a result of, but not limited to, an act, omission or course of conduct committed solely by the Ceding Company in connection with the benefits payable under a particular policy reinsured under this Agreement.

  • Contractor’s Liability If the Contractor fails to comply with any applicable laws, rules, or regulations, and that failure results in a site or worker contamination, the Contractor will be held solely responsible for all costs involved in any required corrective actions, and shall defend, indemnify, and hold harmless the District, pursuant to the indemnification provisions of the Contract, for all damages and other claims arising therefrom. If lead disturbance is anticipated in the Work, only persons with appropriate accreditation, registrations, licenses, and training shall conduct this Work. It shall be the responsibility of the Contractor to properly dispose of any and all waste products, including, but not limited to, paint chips, any collected residue, or any other visual material that may occur from the prepping of any painted surface. It will be the responsibility of the Contractor to provide the proper disposal of any hazardous waste by a certified hazardous waste hauler. This company shall be registered with the Department of Transportation (DOT) and shall be able to issue a current manifest number upon transporting any hazardous material from any school site within the District. The Contractor shall provide the District with any sample results prior to beginning Work, during the Work, and after the completion of the Work. The District may request to examine, prior to the commencement of the Work, the lead training records of each employee of the Contractor. I acknowledge and certify under penalty of perjury, that:

  • Direct Damages Each of the Parties shall be liable to the other for any direct damages arising out of or relating to its performance or failure to perform under this Agreement.

  • Monetary Damages In the event that the Partnership breaches its obligations set forth in Article 2, Article 3, or Article 6 with respect to a Protected Partner the Protected Partner’s sole right shall be to receive from the Partnership, and the Partnership shall pay to such Protected Partner as damages, an amount equal to:

  • Indirect Damages To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for any lost profits, personal injury, property damage, loss of data, business interruption, indirect, incidental, consequential, exemplary, special, reliance, or punitive damages, even if these losses, damages, or costs are foreseeable, and whether or not you or the Stripe Parties have been advised of their possibility.

  • Actual Damages Contractor is liable to CMHA for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, CMHA may substitute the services and/or material from a third party. CMHA may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.

  • Waiver of Punitive Damages Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect damages relating to any such matters under any theory of liability.

  • Contractor Parties A Contractor’s members, directors, officers, shareholders, partners, managers, principal officers, representatives, agents, servants, consultants, employees or any one of them or any other person or entity with whom the Contractor is in privity of oral or written contract and the Contractor intends for such other person or entity to Perform under the Contract in any capacity.

  • Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §14.B and the dispute resolution process in §16 shall have all remedies available at law and equity. If a Purchasing Entity is in breach of a provision of an Order, Contractor shall have all remedies available to it under that Order and available at law and equity.

  • Delay Damages If the Commercial Operation Date is not achieved by the date set forth therefor in Section 3.1(a) (as extended pursuant to Section 3.1(c)), Seller shall pay to Buyer damages for each month from and after such date until the Commercial Operation Date at the rate of $1.50 per kwh of Contract Maximum Amount up to a maximum of twelve (12) months of delay, pro rated for partial months (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination. If the Facility has not achieved the Commercial Operation by the date set forth therefor in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), for any reason, Seller shall have the right to terminate this Agreement at any time after that deadline date (as so extended) until either the Facility achieves the Commercial Operation Date or Buyer terminates this Agreement under Section 9.3 (regardless of whether or not Seller elected to continue to construct the Project). In the event Seller so terminates this Agreement, Seller shall be liable to Buyer on the date of such termination for (x) the entire amount of Delay Damages that would otherwise accrue (or have accrued) by such date plus (y) the undrawn amount of any Development Period Security provided to Buyer by Seller; provided, however, that if Seller terminates this Agreement on the deadline set forth for the Commercial Operation Date in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), Seller shall not be required to pay any Delay Damages hereunder but shall forfeit the Development Period Security. Subject to the foregoing sentence, neither Party shall have any liability to the other Party with respect to a termination of this Agreement by Seller under this Section 3.2(b). Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s delay in achieving the Commercial Operation Date would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Delay Damages and other damages as agreed to by the Parties and set forth herein are a fair and reasonable calculation of such damages. Notwithstanding the foregoing, this Article shall not limit the amount of damages payable to Buyer if this Agreement is terminated by Buyer as a result of Seller’s failure to achieve the Commercial Operation Date. Any such termination damages shall be determined in accordance with Article 9. By the tenth (10th) day following the end of the calendar month in which Delay Damages first become due and continuing by the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months if applicable), Buyer shall deliver to Seller an invoice showing Buyer’s computation of such damages and any amount due Buyer in respect thereof for the preceding calendar month. No later than ten (10) days after receiving such an invoice, Seller shall pay to Buyer, by wire transfer of immediately available funds to an account specified in writing by Buyer or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice. If Seller fails to pay such amounts when due, Buyer may draw upon the Development Period Security for payment of such Delay Damages, and Buyer may exercise any other remedies available for Seller’s default hereunder.

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