High Sulfur Diesel Fuel Usage Sample Clauses

High Sulfur Diesel Fuel Usage. The DESIGN BUILD CONTRACTOR and City agree that incidents of high sulfur diesel fuel usage by DESIGN BUILD CONTRACTOR will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, DESIGN BUILD CONTRACTOR and City agree that DESIGN BUILD CONTRACTOR and Surety are liable for and shall pay to City the amount stipulated in this Section as liquidated damages. DESIGN BUILD CONTRACTOR and City agree that DESIGN BUILD CONTRACTOR and Surety are liable for and shall pay to City, as liquidated damages and not as a penalty, the amount equal to $1200 per diesel operating vehicle or piece of motorized equipment per incidence of high sulfur diesel fuel usage per Day. DESIGN BUILD CONTRACTOR and City agree that the amount of liquidated damages fixed in this Section is a reasonable forecast of just compensation for harm to City resulting from an incident of high sulfur diesel fuel usage. An incident of high sulfur diesel fuel usage as used herein means use of fuel in breach of the General Conditions. DESIGN BUILD CONTRACTOR and City agree that in the event the amount of liquidated damages set forth in this Section are held to be unenforceable for any reason, City shall be entitled to recover its actual direct damages, if any, resulting from incidence of high sulfur diesel fuel usage as may be authorized by the laws of Texas.
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High Sulfur Diesel Fuel Usage. The XXXX and City agree that incidents of high sulfur diesel fuel usage by XXXX will cause damages to City and that actual damages from such harm are difficult to estimate accurately. Therefore, XXXX and City agree that XXXX and Surety are liable for and shall pay to City the amount stipulated in this Section as liquidated damages. XXXX and City agree that XXXX and Surety are liable for and shall pay to City, as liquidated damages and not as a penalty, the amount equal to $1,200.00 per diesel operating vehicle or piece of motorized equipment per incidence of high sulfur diesel fuel usage per Day. XXXX and City agree that the amount of liquidated damages fixed in this Section is a reasonable forecast of just compensation for harm to City resulting from an incident of high sulfur diesel fuel usage. An incident of high sulfur diesel fuel usage as used herein means use of fuel in breach of the General Conditions. XXXX and City agree that in the event the amount of liquidated damages set forth in this Section are held to be unenforceable for any reason, City shall be entitled to recover its actual, direct, and consequential damages, if any, resulting from incidence of high sulfur diesel fuel usage as may be authorized by the laws of Texas.

Related to High Sulfur Diesel Fuel Usage

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