Common use of Liquidated Damages for Delay Clause in Contracts

Liquidated Damages for Delay. 5.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on Exhibit D will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided Exhibit D, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Construction, the Construction Manager shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit E for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

Appears in 5 contracts

Samples: Business Affairs Facilities Planning and Construction, Agreement for Construction Management Services, Agreement for Construction Management Services

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Liquidated Damages for Delay. 5.1 8.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on Exhibit D F will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided Exhibit DF, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Constructionthis Agreement, the Construction Manager Design/Builder shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit E for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

Appears in 4 contracts

Samples: facilities.ufl.edu, facilities.ufl.edu, facilities.ufl.edu

Liquidated Damages for Delay. 5.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on Exhibit D will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided on Exhibit D, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Construction, the Construction Manager shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit E for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

Appears in 3 contracts

Samples: Agreement for Construction Management Services, Agreement for Construction Management Services, Agreement for Construction Management Services

Liquidated Damages for Delay. 5.1 6.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on in Exhibit D A will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided in Exhibit DA, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Construction, the Construction Manager Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit E A for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

Appears in 1 contract

Samples: Affairs Facilities Planning and Construction

Liquidated Damages for Delay. 5.1 8.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on Exhibit D G will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided Exhibit DG, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Constructionthis Agreement, the Construction Manager Design/Builder shall be liable to pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit E F for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

Appears in 1 contract

Samples: Sample Agreement

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Liquidated Damages for Delay. 5.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on in Exhibit D will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided in Exhibit D, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Construction, the Construction Manager shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit E for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

Appears in 1 contract

Samples: facilities.ufl.edu

Liquidated Damages for Delay. 5.1 8.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on in Exhibit D F will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided Exhibit DF, or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Constructionthis Agreement, the Construction Manager Design/Builder shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit E for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical.

Appears in 1 contract

Samples: With Guaranteed Maximum Price

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