Delay Liquidated Damages Sample Clauses

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. (a) The Parties agree that it would be extremely difficult and impracticable under presently known and anticipated facts and circumstances to ascertain and fix the actual damages Owner would incur if Contractor does not achieve Substantial Completion of Unit 6 by the Guaranteed Substantial Completion Date for Unit 6 (as the Guaranteed Substantial Completion Date for Unit 6 may be extended due to Force Majeure, Owner caused delays, differing site conditions, discovery of Hazardous Materials, Changes in Law, or as otherwise contemplated in this Agreement), and, accordingly, if Contractor does not achieve Substantial Completion of Unit 6 by that date, subject to Section 12.1(c) below, Owner’s sole and exclusive remedy for such delay shall be to recover from Contractor as liquidated damages, and not as a penalty, the Delay Liquidated Damages for each Day that Substantial Completion of Unit 6 is delayed beyond the Guaranteed Substantial Completion Date for Unit 6; provided, that in no event shall the aggregate Delay Liquidated Damages for Xxxx 0 exceed its Delay Liquidated Damages Cap. (b) The Parties agree that it would be extremely difficult and impracticable under presently known and anticipated facts and circumstances to ascertain and fix the actual damages Owner would incur if (i) Xxxx 0 Scrubber Tie-In does not commence by the Guaranteed Tie-In Commencement Date, (ii) Contractor does not complete the successful tie-in of the Unit 5 Scrubber by the Guaranteed Tie-In Completion Date or (iii) after the successful Tie-In of the Unit 5 Scrubber, Contractor does not achieve Substantial Completion of the Unit 5 Scrubber by the Guaranteed Substantial Completion Date (in each case, as the Guaranteed Tie-In Commencement Date, the Guaranteed Tie-in Completion Date or the Guaranteed Substantial Completion Date of the Unit 5 Scrubber, as applicable, may be extended due to Force Majeure, Owner caused delays, differing site conditions, discovery of Hazardous Materials, Changes in Law, or as otherwise contemplated in this Agreement), and, accordingly, upon the occurrence of either event, subject to Section 12.1(c) below, Owner’s sole and exclusive remedy therefore shall be to recover from Contractor as liquidated damages, and not as a penalty, the Delay Liquidated Damages for each Day after the Guaranteed Tie-In Commencement Date that Unit 5 Scrubber Tie-In does not commence, each Day after the Guaranteed Tie-In Completion Date that the successful Tie-In of the Unit 5 Sc...

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. 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. 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. 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. The Parties agree that it would be extremely difficult and impracticable under presently known and anticipated facts and circumstances to ascertain and fix the actual damages Owners would incur if a Unit does not achieve Nuclear Fuel Load by the Nuclear Fuel Load Date for such Unit and, accordingly, if a Unit does not achieve Nuclear Fuel Load by such Unit’s Nuclear Fuel Load Date, Owners’ remedy for such delay shall be to recover from Contractor as liquidated damages, and not as a penalty, liquidated damages (“Delay Liquidated Damages”) as follows: January 31, 2019 for the First Unit; January 31, 2020 for the Second Unit [***] reduction in the payment set forth in Section 8.11(f) or (g), as applicable [***] for the First Unit; [***] for the Second Unit [***] further reduction in the payment set forth in Section 8.11(f) or (g), as applicable [***] for the First Unit; [***] for the Second Unit [***] further reduction in the payment set forth in Section 8.11(f) or (g), as applicable Thereafter following [***] for the First Unit; thereafter following [***] for the Second Unit [***]/Day payment Thereafter following [***] for the First Unit; thereafter following [***] for the Second Unit [***]/Day payment Beginning with the date that the Contractor’s Costs for performance of this Agreement exceed the Contract Price (excluding any adjustment made pursuant to Section 7.3), and until such date as Owners have paid the maximum amount of Financial Integrity Payments as provided in Section 7.3, no Delay Liquidated Damages shall be due or shall accrue. From and after the date (if any) that Owners incur liability for the maximum amount of Financial Integrity Payments, Delay Liquidated Damages shall again begin to accrue to the extent they are due and payable under the other provisions of this Agreement. In no event shall the total Delay Liquidated Damages for the failure to achieve Nuclear Fuel Load of a Unit on or prior to the Nuclear Fuel Load Date for such Unit exceed in the aggregate an amount equal to [***] of the Contract Price for such Unit. Payment of the Delay Liquidated Damages shall be Owners’ sole and exclusive remedy for Contractor’s failure to achieve Nuclear Fuel Load of a Unit on or before the Nuclear Fuel Load Date for such Unit and for any other delay to, or failure to meet, the Project Schedule, including without limitation failure to achieve Substantial Completion of either Unit on or before its GSCD; however, Delay Liquidated Damages are intended on...

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.