LIQUIDATED DAMAGES PROVISIONS Sample Clauses

LIQUIDATED DAMAGES PROVISIONS. Section 2(d) of the Agreement is amended by inserting the following immediately after the first sentence of the existing Section 2(d) of the Agreement: “Notwithstanding the foregoing, if the Mandatory Registration Statement is not declared effective by the Commission because of the staff of the Commission’s determination, evidenced by oral or written comments, that all or any part of the securities being registered are being offered by or on behalf of the Company or that the use of Rule 415 is otherwise not available in connection with the resale of all of the Registrable Shares, then no such liquidated damages shall accrue or become due with respect to such Event until January 1, 2008, on which date the liquidated damages shall begin to accrue and be paid. Further, the failure to have such Registration Statement declared effective shall not be a breach or default by the Company of its obligations to use best efforts to have such shares registered for resale; provided that from and after January 1, 2008 the liquidated damages shall begin to accrue and be paid.”
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LIQUIDATED DAMAGES PROVISIONS. 22 7.16.1 GENERAL PROVISIONS .............................................................................................. 21-23 7.16.2 MANAGED CARE OPERATIONS, TERMS AND CONDITIONS, AND PAYMENT PROVISIONS.............................................................................................. 23-24 7.16.3 TIMELY REPORTING REQUIREMENTS ................................................................... 24 7.16.4 ACCURATE REPORTING REQUIREMENTS............................................................. 24-29 7.16.5 TIMELY PAYMENTS TO PROVIDERS ...................................................................... 29-31 7.16.6 CONDITIONS FOR TERMINATION OF LIQUIDATED DAMAGES ....................... 31 7.16.7 EPSDT & LEAD SCREENING PERFORMANCE STANDARDS .............................. 31-33 7.16.8 DEPARTMENT OF HEALTH AND HUMAN SERVICES CIVIL MONEY PENALTIES .................................................................................................................... 33 7.16.8.1 FEDERAL STATUTES .................................................................................................. 34 7.16.8.2 FEDERAL PENALTIES ................................................................................................. 34-35 7.16.9 PROVIDER NETWORK COMPLIANCE STANDARDS 35-36 7.16.10 CARE MANAGEMENT COMPLIANCE STANDARDS 36 7.16.11 MEDICAL COST RATIO COMPLIANCE 36-37 7.17 STATE SANCTIONS 37 7.18 APPEAL PROCESS 37 7.19 CONTRACTOR CERTIFICATIONS 37 7.19.1 GENERAL PROVISIONS 37 7.19.2 CERTIFICATION SUBMISSIONS 37-38 7.19.3 ENVIRONMENTAL COMPLIANCE 38 7.19.4 ENERGY CONSERVATION 38 7.19.5 INDEPENDENT CAPACITY OF CONTRACTOR 38 7.19.6 NO THIRD PARTY BENEFICIARIES 38 7.19.7 PROHIBITION ON USE OF FEDERAL FUNDS FOR LOBBYING 38-39 7.19.8 CERTIFICATION AND DISCLOSURE OF POLITICAL CONTRIBUTIONS - COMPLIANCE WITH N.J.S.A. 19:44A-20.13 ET SEQ 39 7.20 REQUIRED CERTIFICATE OF AUTHORITY 39 7.21 SET-OFF FOR STATE TAXES AND CHILD SUPPORT 39 7.22 CLAIMS 39 7.23 MEDICARE RISK CONTRACTOR 39-40 7.24 TRACKING AND REPORTING 40-41 7.25 FINANCIAL STATEMENTS 41 7.25.1 AUDITED FINANCIAL STATEMENTS (SAP BASIS) 41-42 7.25.2 UNAUDITED FINANCIAL STATEMENTS (SAP) 42 7.26 FEDERAL APPROVAL AND FUNDING 42 7.27 CONFLICT OF INTEREST 42-43 7.28 RECORDS RETENTION 43-44 7.29 WAIVERS 44 7.30 CHANGE BY THE CONTRACTOR 44 7.31 INDEMNIFICATION 44-45 7.32 INVENTIONS 46 7.33 USE OF CONCEPTS 46 7.34 PREVAILING WAGE 46 7.35 DISCLOSURE STATEMENT 46-48 7.36 FRAUD, WASTE AND ABUSE 48 7.36.1 COMPLIANCE P...
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LIQUIDATED DAMAGES PROVISIONS. VII-24 7.16.1 GENERAL PROVISIONS..................................................................... VII-24 7.16.2 MANAGED CARE OPERATIONS, TERMS AND CONDITIONS, AND PAYMENT PROVISIONS.................. VII-26 7.16.3 TIMELY REPORTING REQUIREMENTS.......................................................... VII-27 7.16.4 ACCURATE REPORTING REQUIREMENTS........................................................ VII-27 7.16.5 TIMELY PAYMENTS TO MEDICAL PROVIDERS................................................... VII-28 7.16.6
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LIQUIDATED DAMAGES PROVISIONS. A. All work on the Vessel contemplated hereunder shall be completed (including completion of satisfactory Trials) and redelivery on the Vessel effected on or before the Redelivery Date set forth on the first page of this Agreement or such extensions of time as are provided for herein, except that BUILDER has no responsibility for the Interior and no responsibility for late Redelivery if construction or installation of the Interior delays Redelivery, except that BUILDER must timely perform its defined work tasks within the Hopeman Builder Support Allowance. Both parties recognize that during conversion OWNER will make contracts depending upon the use of the Vessel so that redelivery time is of the essence and that redelivery delay will result in substantial damages not susceptible of accurate calculation. In the event the Vessel is not converted and redelivered to the OWNER on the Redelivery Date (or on such later date as is permitted to the BUILDER without liability under Article V hereof), OWNER will deduct from
Sample 1
LIQUIDATED DAMAGES PROVISIONS. In all the below liquidated damages sections, the Lottery and the Contractor agree that it will be extremely impractical and difficult to determine actual damages which the Lottery will sustain. The commodities and/or services to be provided under the Contract are not readily available on the open market; any breach by the Contractor will delay and disrupt the Lottery's operations and will lead to damages. Therefore, the parties agree that the liquidated damages as specified in all the sections below are reasonable. Additionally, the Lottery reserves the right to define additional liquidated damages provisions dependent on the successful Vendor’s offerings and negotiations. Except and to the extent expressly provided herein, the Lottery shall be entitled to recover liquidated damages under each section applicable to any given incident.
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LIQUIDATED DAMAGES PROVISIONS. A. All work on the Vessel contemplated hereunder shall be completed and delivery on the Vessel effected on or before the Delivery Date set forth on the first page of this Agreement or such extensions of time as are provided for herein. Both parties recognize that because during construction OWNER will make contracts depending upon the use of the Vessel and that delivery time is of the essence and that delivery delay will result in substantial damages not susceptible of accurate calculation. In the event the Vessel is not completed and delivered to the OWNER on the Delivery Date or Extended Delivery Date by the provisions of this Agreement, OWNER will deduct from Delivery Payment for the Vessel the sum of One Thousand Dollars and no cents U.S. Currency (US $5,000.00) per day for each day following the Delivery Date, or the Extended Delivery Date until the Vessel is actually completed and accepted by OWNER. This is in lieu of all other damages, direct or consequential, which may result to OWNER from delay.
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LIQUIDATED DAMAGES PROVISIONS 
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Related to LIQUIDATED DAMAGES PROVISIONS

  • 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 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.

  • 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.

  • Delay Liquidated Damages Delay Liquidated Damages has the meaning set out in GC 7.6.1.

  • 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.

  • 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.

  • 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.

  • CONTRACT TIME AND LIQUIDATED DAMAGES (7-1-95) (Rev. 12-18-07) 108 SP1 G10 A The date of availability for this contract is August 1, 2018. The completion date for this contract is December 10, 2019. 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 Five Hundred Dollars ($ 500.00) per calendar day.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Obligation Absolute; Partial Liquidated Damages The Company’s obligations to issue and deliver the Conversion Shares upon conversion of this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person, and irrespective of any other circumstance which might otherwise limit such obligation of the Company to the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Company of any such action the Company may have against the Holder. In the event the Holder of this Debenture shall elect to convert any or all of the outstanding principal amount hereof, the Company may not refuse conversion based on any claim that the Holder or anyone associated or affiliated with the Holder has been engaged in any violation of law, agreement or for any other reason, unless an injunction from a court, on notice to Holder, restraining and or enjoining conversion of all or part of this Debenture shall have been sought and obtained, and the Company posts a surety bond for the benefit of the Holder in the amount of 150% of the outstanding principal amount of this Debenture, which is subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the underlying dispute and the proceeds of which shall be payable to the Holder to the extent it obtains judgment. In the absence of such injunction, the Company shall issue Conversion Shares or, if applicable, cash, upon a properly noticed conversion. If the Company fails for any reason to deliver to the Holder such Conversion Shares pursuant to Section 4(c)(ii) by the Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of principal amount being converted, $10 per Trading Day (increasing to $20 per Trading Day on the fifth (5th) Trading Day after such liquidated damages begin to accrue) for each Trading Day after such Share Delivery Date until such Conversion Shares are delivered or Holder rescinds such conversion. Nothing herein shall limit a Hxxxxx’s right to pursue actual damages or declare an Event of Default pursuant to Section 8 hereof for the Company’s failure to deliver Conversion Shares within the period specified herein and the Holder shall have the right to pursue all remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief. The exercise of any such rights shall not prohibit the Holder from seeking to enforce damages pursuant to any other Section hereof or under applicable law.

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