Late Completion. If as a result of any breach by the Tenant the Lease is not completed on the Completion Date then, without prejudice to any other rights of the Landlord:
Late Completion. Time is of the essence of the Contract Documents. Contractor agrees that Owner will suffer damage or financial loss if the Work is not completed on time or within any time extensions allowed in accordance with Section 5.06 of the General Conditions. Contractor and Owner agree that proof of the exact amount of any such damage or loss is difficult to determine. Accordingly, instead of requiring any such proof of damage or specific financial loss for late completion, Contractor agrees to pay the following sums to the Owner as liquidated damages and not as a penalty.
Late Completion. Subject to Section 9.10, in the event that Traffic Availability is not achieved until after the Traffic Availability Target Date, then:
Late Completion. 7.2.1 If there is default by either or both of the parties in performing their obligations under the contract and completion is delayed, the party whose total period of default is the greater is to pay compensation to the other party.
Late Completion. 9.1 Without prejudice to any other right or remedy available to iTouch under this Agreement or at law, if Acceptance of the Licensed Software is not achieved on or before the date specified by which Acceptance is to be achieved then:
Late Completion. If as a result of any breach by the Buyer the sale and purchase is not completed on the Completion Date then, without prejudice to any other rights of the Seller:
Late Completion. In the event that Total Availability is not achieved until after the Total Availability Target Date, then:
Late Completion. 10.1 In the event that the Contractor fails to supply the Equipment beyond fourteen (14) days of the scheduled date as provided in the Delivery Schedule, the Buyer shall be entitled to defer payment corresponding to the supply of Equipment until actual performance by the Contractor and acceptance by the Buyer.
Late Completion. 10.1. If the Vendor fails to complete the Project by the Targeted System Completion Date, the Vendor shall pay to SATS, by way of liquidated damages, a weekly sum equivalent to one percent (1%) of the Contract Sum, commencing on the day after the Targeted System Completion Date and expiring on the Acceptance Date, subject to a maximum of ten percent (10%) of the Contract Sum. In the event that such delay is for a period of less than seven (7) days, the amount of liquidated damages payable shall be pro-rated accordingly. Such payment shall be without prejudice to the Vendor’s obligation to complete the Services as soon after the Targeted System Completion Date as possible.
Late Completion. If commencement of construction does not occur on or before the Outside Construction Commencement Date and/or Commercial Operation does not occur on or before the Outside Commercial Operation Date for any reason other than User’s failure to perform its obligations hereunder, Contractor shall pay to User lost revenues plus User’s administrative costs as the basis for damage (“Delay Liquidated Damages”), as set forth in the Special Terms and Conditions attached as Exhibit F. Notwithstanding the foregoing, Contractor shall not be responsible for Delay Liquidated Damages in the event that Contractor cannot satisfy the Outside Construction Commencement Date and/or Outside Commercial Operation Date milestone because Contractor lacks a permit, approval or Interconnection Agreement necessary to commence construction and/or Commercial Operation of the PV System, and Contractor is utilizing Commercially Reasonable efforts to secure such permit, approval or Interconnection Agreement. The Parties recognize the delays, expense and difficulties involved in proving the actual losses or damages in a judicial or other proceeding, and agree that the Delay Liquidated Damages are reasonable compensation to User. Payment of Delay Liquidated Damages shall not preclude User from seeking other damages at law or equity to which it may be entitled as a result of Contractor’s failure to achieve commencement of construction on or before the Outside Construction Commencement Date and/or Commercial Operation on or before the Outside Commercial Operation Date.
