Justification for Liquidated Damages Sample Clauses

Justification for Liquidated Damages. The Parties have agreed that Owner shall be damaged in the event that Contractor fails to obtain a Certificate of Final Acceptance for a Trainset by the Trainset Acceptance Deadline as described in Article 11.1. In addition, the Parties have agreed that Owner shall be damaged in the event Contractor fails to use approved Key Personnel or fails to meet the Performance Standards. The Parties further agree that (i) the damages to Owner and the public that would result from such delay or failure to use Key Personnel or meet the Performance Standards would include, but not be limited to, loss of revenues resulting from the loss of both current and potential ridership, increased project and personnel costs, and additional costs resulting from the use of replacement equipment, and (ii) the extent of such damages would be uncertain in amount and very difficult to ascertain. Accordingly, the Parties have agreed to establish the liquidated damages set forth in this Article 11 and agree that these damages do not constitute a penalty but rather a reasonable prediction of portions of damages Owner would incur as a result of such delays and failures. Contractor acknowledges and agrees that such liquidated damages are intended to compensate Owner solely for the delays and failures described in this Article 11, and shall not excuse Contractor from liability for any other breach of Contract requirements, including any failure of the Work to conform to applicable requirements. The remedies provided for by this Article 11 are cumulative with and in addition to all other rights Owner has hereunder and all other remedies to which Owner is entitled at law or in equity with respect to the facts, circumstances, events or occurrences described in Articles 11.1, 11.2 and 11.3.
AutoNDA by SimpleDocs
Justification for Liquidated Damages. The Parties have agreed that Authority shall be damaged in the event that Contractor fails to do the following: (i) obtain a Certificate of Provisional Acceptance of Plain Line of Segment 1 by the applicable deadline; (ii) obtain a Certificate of Provisional Acceptance of Segment Integrated Static Tests of Segment 1 by the applicable deadline; (iii) obtain a Certificate of Final Acceptance of any Segment by the applicable deadline; or (iv)
Justification for Liquidated Damages. Time is of the essence of the Contract. The Parties have agreed that Owner shall be damaged in the event that Contractor fails to obtain a Certificate of Final Acceptance for a Trainset by the Trainset Acceptance Deadline as described in Article 11.1. In addition, the Parties have agreed that Owner shall be damaged in the event Contractor fails to meet the Performance Standards. The Parties further agree that

Related to Justification for Liquidated Damages

  • 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 Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • 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.

  • Liquidated Damages for Delay In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of $500.00 per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this $500.00 per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the is $500.00 per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.

  • Compensation for Damages 4.1 If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent Xxxxxxx Money Deposit/Bid Security.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Liquidated Damages - MWBE Participation A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages.

  • 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.

  • 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.

Time is Money Join Law Insider Premium to draft better contracts faster.