Common use of Lane Closure Liquidated Damages Clause in Contracts

Lane Closure Liquidated Damages. ‌ In its performance of the Work during the Construction Period, the Developer may temporarily close existing lanes on the Project Right of Way only in accordance with the Technical Requirements. Any such closure that exceeds the time period permitted therefor in the Technical Requirements is a “Non-Permitted Closure”. If a Non-Permitted Closure occurs, the Department will notify the Developer thereof and of the associated Lane Closure Damages, in writing, within 48 hours. The Developer will pay to the Department the liquidated damages set forth below (the “Lane Closure Liquidated Damages”) at the time and in the manner set forth in the Technical Requirements. Liquidated Damages for Lane Closures Liquidated damage ($ per minute, per lane closed) Elapsed Time (min) X-00, X-000, XX. 00, XX. 00 and all ramps RT 234 Bus. All other roads 1-5, or any portion thereof $0 $0 $0 Every additional minute or portion thereof after the initial five minutes stated above. $8,000 for the sixth minute plus $1,500 per each additional minute $2,500 for the sixth minute plus $500 per each additional minute $500 for the sixth minute plus $500 per each additional minute The Lane Closure Liquidated Damages paid by the Developer for any Non-Permitted Closure will not exceed $400,000 per incident; provided, however, that under no circumstances shall any Lane Closure Liquidated Damages paid by the Developer count toward the per-incident cap where the Developer (i) intentionally causes, facilitates or allows to continue a Non-Permitted Closure in order to reduce its Allocable Costs for performing any Work during the Construction Period, or (ii) is not diligently and in good faith attempting to remedy any such Non-Permitted Closure.

Lane Closure Liquidated Damages. ‌ In its performance of the Work during the Construction Period, the Developer may temporarily close existing lanes on the Project Right of Way only in accordance with the Technical Requirements. Any such closure that exceeds the time period permitted therefor in the Technical Requirements is a “Non-Permitted Closure”. If a Non-Permitted Closure occurs, the Department will notify the Developer thereof and of the associated Lane Closure Damages, in writing, within 48 hours. The Developer will pay to the Department the liquidated damages set forth below (the “Lane Closure Liquidated Damages”) at the time and in the manner set forth in the Technical Requirements. Liquidated Damages for Lane Closures Liquidated damage ($ per minute, per lane closed) Elapsed Time (min) X-00I-66, X-000I-495, XXRT. 0050, XXRT. 00 28 and all ramps RT 234 Bus. All other roads 1-5, or any portion thereof $0 $0 $0 Every additional minute or portion thereof after the initial five minutes stated above. $8,000 for the sixth minute plus $1,500 per each additional minute $2,500 for the sixth minute plus $500 per each additional minute $500 for the sixth minute plus $500 per each additional minute The Lane Closure Liquidated Damages paid by the Developer for any Non-Permitted Closure will not exceed $400,000 per incident; provided, however, that under no circumstances shall any Lane Closure Liquidated Damages paid by the Developer count toward the per-incident cap where the Developer (i) intentionally causes, facilitates or allows to continue a Non-Permitted Closure in order to reduce its Allocable Costs for performing any Work during the Construction Period, or (ii) is not diligently and in good faith attempting to remedy any such Non-Permitted Closure.