Delay Liquidated Damages. Delay Liquidated Damages has the meaning set out in GC 7.6.1.
Delay Liquidated Damages. 7.6.1 The Contractor acknowledges and agrees that the Owner will suffer financial Loss if the Work is not completed within the time specified in the Agreement. The Contractor also recognizes the delays, costs and difficulties involved in proving the actual Loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Contractor agrees that if the date of Substantial Performance of the Work is delayed past the Scheduled Date for Substantial Performance of the Work, subject to any adjustment in Contract Time as provided for in the Agreement, the Contractor shall pay Owner liquidated damages in the amount designated in row B.6 of the Information Sheet (“Delay Liquidated Damages”) for each and every Calendar Day or Working Day, as applicable, of delay until the Contractor has attained Substantial Performance of the Work. The Contractor further expressly acknowledges and agrees that Delay Liquidated Damages payable by the Contractor are:
Delay Liquidated Damages. If Substantial Completion occurs after the Guaranteed Substantial Completion Date, Contractor shall pay to Owner the amounts listed in Attachment T per Day for each Day, or portion thereof, of delay until Substantial Completion occurs (the “Delay Liquidated Damages”).
Delay Liquidated Damages. As Buyer’s sole and exclusive remedy if the Project fails to achieve Project Substantial Completion on or before [DATE], Seller will pay Buyer liquidated damages of $[X] As Buyer’s sole and exclusive remedy if the Project fails to achieve Mechanical Completion on or before [DATE], Seller will pay Buyer liquidated damages of $[X] Performance Guarantees Shortfall Liquidated Damages: Seller guarantees that the Project will meet or exceed an [X]MW guaranteed capacity of the plant prior to Project Substantial Completion As Buyer’s sole and exclusive remedy for Seller’s failure to achieve the performance guarantees, Seller will pay Buyer liquidated damages of $[X] up to an agreed upon cap of $[X] for that portion of the Project that fails to achieve the Performance Guarantees Except for such capacity guarantee by Seller, neither the BTA nor the Development Agreements will provide any availability or energy yield guarantees or other performance guarantees The Guaranteed Project Substantial Completion Date will be extended due to Buyer-Caused Delays and Excusable Events, provided that no Excusable Event will extend the Project Substantial Completion Date beyond [DATE] The agreed Guaranteed Capacity test procedures will be set forth in the Development Agreements Progress Reporting Commencing on the first full month after mobilization of contractor to the Project site, general contractor will provide a weekly summary of the progress of its work and will provide a monthly progress report to the Seller, Buyer and Independent Engineer Seller, Independent Engineer and Buyer will be entitled to attend monthly meetings and any daily meeting that may be convened by general contractor on the Project site to review progress of the work Scope Change Orders No scope change order becomes effective until executed by both parties after the parties have agreed on scope, schedule and cost impacts Governing Law BTA and Development Agreements will be governed by Indiana law Venue for resolution of any dispute will be federal or state courts in Xxxxxx County, Indiana, and rights to jury trial will be waived Performance Security and Guaranty To be agreed upon by the Parties – Parental Guaranty from an investment grade party or Letter of Credit Surety Bond will not be acceptable Tax Equity (if necessary) Seller agrees to, in accordance with good business practices, support the Buyer’s efforts to contract for a Tax Equity Investor and comply with any associated Independent Engineer revie...
Delay Liquidated Damages. If Substantial Completion of an applicable Subproject occurs after the applicable Guaranteed Substantial Completion Date, Contractor shall pay to Owner the amounts listed in Attachment T per Day for each Day, or portion thereof, of delay until Substantial Completion of such Subproject occurs (the “Delay Liquidated Damages”).
Delay Liquidated Damages. Subject to Section 20.2C, Contractor’s maximum liability to Owner for (i) Delay Liquidated Damages for Subproject 1 is *** U.S. Dollars (U.S.$***), in the aggregate, and (ii) Delay Liquidated Damages for Subproject 2 is *** U.S. Dollars (U.S.$***), in the aggregate.
Delay Liquidated Damages. TSP and the Joint Board acknowledge that in the event that TSP fails to achieve the Pre-Toll Operations Readiness, Mobilization Readiness, East-End Bridge Tolling Readiness, Downtown Bridges Temporary Traffic Configuration Tolling Readiness, or Downtown Bridges Final Traffic Configuration Tolling Readiness by the relevant Completion Deadlines, the Joint Board shall incur damages that are incapable of accurate measurement. Such damages include additional costs to the Joint Board of administering this Contract (including engineering, management, legal, accounting, overhead and other administrative costs) with respect to failure to achieve Mobilization Readiness by the Mobilization Readiness Deadline, and loss of toll revenues, together with additional costs to the Joint Board of administering this Contract and additional costs with respect to a failure to achieve Pre-Toll Operations Readiness, and Tolling Readiness by the relevant TCS Completion Deadlines. These damages are incapable of exact measurement because of, among other things, the unique nature of the Ohio River Bridges Project. The Parties agree that as of the Execution Date, the amounts of Delay Liquidated Damages set forth in Sections 4.12.2 through and including 4.12.4 represent a good faith estimate as to a portion only of the potential actual damages that the Joint Board would incur as a result of late Pre-Toll Operations Readiness, Mobilization Readiness or Tolling Readiness and do not constitute a penalty. TSP shall pay any such Delay Liquidated Damages owing under this Contract on a monthly basis within five days following receipt of the Joint Board’s written demand therefor, and such Delay Liquidated Damages shall be subject to offset by the Joint Board. All Delay Liquidated Damages payable hereunder shall be paid directly to the Joint Board. The fact that the Joint Board has agreed to accept Delay Liquidated Damages as compensation for its damages associated with any delay in meeting a Completion Deadline shall not preclude the Joint Board from exercising its other rights and remedies respecting the delay set forth in Section 16.2 and, if applicable, Section 16.3 or elsewhere in this Contract, other than the right to collect other damages due solely to the delay, except that the Joint Board agrees not to exercise such other rights and remedies respecting the delay so long as (a) the Project Schedule demonstrates that TSP is capable of meeting such Completion Deadline within 90 Days after ...
Delay Liquidated Damages. Subject to Section 20.2C, Contractor’s maximum liability to Owner for Delay Liquidated Damages is *** U.S. Dollars (U.S.$***), in the aggregate.
Delay Liquidated Damages. Except as may be otherwise agreed in a Purchase Order, if Delivery of the Equipment has not occurred by the Guaranteed Delivery Date for reasons that are not excused hereunder, and Buyer can prove that as a direct result thereof it must pay delay liquidated damages to its Customer, Supplier shall reimburse Buyer for such delay liquidated damages (such reimbursement not to exceed an amount equal to 0.5% of the price set forth in the Purchase Order allocable to the delayed Equipment for every completed week of delay) for each completed week after the Guaranteed Delivery Date that Buyer pays such liquidated damages to its Customer as a result of Supplier’s delay, provided, however, that the amount of delay liquidated damages payable by Supplier shall be reduced by any amounts received by Buyer under any delay in startup insurance policies providing coverage for any such losses or damages. Payment of the delay liquidated damages shall be the sole and exclusive remedy of Buyer for delay and under no circumstances shall the total aggregate liability of Supplier exceed five percent (5%) of the price set forth in the applicable Purchase Order.
Delay Liquidated Damages. Contractor agrees that Substantial Completion is not achieved by the Guaranteed Substantial Completion Date, then Contractor shall pay the amount of Delay Liquidated Damages set out the definition thereof to Owner for each day beginning on the first day after the Guaranteed Substantial Completion Date up to but not including the Substantial Completion Date. Contractor shall pay the net amount (if any) of Delay Liquidated Damages to Owner, subject to the limitations set forth in Article 29, and such amount shall be due and payable within twenty-five (25) days after Contractor’s receipt of Owner’s invoice for such net amount submitted at the end of the month following the Guaranteed Substantial Completion Date.
