Payment of Delay Liquidated Damages Sample Clauses

Payment of Delay Liquidated Damages. Contractor shall pay Owner for daily liquidated damages accrued in respect of the fixed daily amounts under Section 8.3 for each month (or any part of a month) of such delay, on or before the 30th day of the immediately succeeding month. Owner shall have the right to offset any liability of Contractor under this Section 8.3.4 against any amount owed by Owner to Contractor under this Agreement. If Contractor is required to pay delay liquidated damages under Section 8.3.2 hereof, Contractor’s obligation to pay such delay liquidated damages (other than damages accrued) shall cease upon the occurrence of Substantial Completion based on the Minimum Performance Requirements.
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Payment of Delay Liquidated Damages. With respect to Delay Liquidated Damages that accrue, Owner, at its sole discretion, may either (i) invoice Contractor for such owed Delay Liquidated Damages, and within seven (7) Days of Contractor’s receipt of such invoice, Contractor shall pay Owner Delay Liquidated Damages, (ii) withhold from Contractor amounts that are otherwise due and payable to Contractor in the amount of such Delay Liquidated Damages, or (iii) collect on the Letter of Credit in the amount of such Delay Liquidated Damages upon giving Contractor three (3) Days’ written notice pursuant to Section 10.2 and Contractor’s failure to pay such Delay Liquidated Damages within such three (3) Day period. In addition, Contractor shall pay Owner all Delay Liquidated Damages, if any, owed under this Agreement for Substantial Completion as a condition precedent to achieving Substantial Completion.
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Payment of Delay Liquidated Damages. The Owner shall, in addition to any other rights and remedies available to it under this Contract or pursuant to Applicable Laws have the right to payment by the Contractor of the Delay Liquidated Damages in respect of any delay from time to time by giving a notice to the Contractor. Any such notice shall specify the amount of Delay Liquidated Damages that have accrued and are payable by the Contractor to the Owner as of the date of such notice. If such Delay Liquidated Damages are not paid by the Contractor within five (5) Business Days from the date of notice to the Contractor, the Owner may recover any damages due by the Contractor pursuant to this Section 9.6 by any one or more or any combination of set off, backcharge, or by drawing down the corresponding amount from the security payable by the Contractor, as applicable, in each case as required by the Owner, acting in its discretion. Failure by the Owner to provide the Contractor a notice under this Section 9.6 shall not constitute a waiver of the Owner’s right to claim all Delay Liquidated Damages or other damages under this Section 9.6 at any time.
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Payment of Delay Liquidated Damages. Avista may require Seller to pay Delay Liquidated Damages no more often than once per calendar month. Seller shall pay Avista any Delay Liquidated Damages within fifteen (15) Business Days of when Avista presents any Delay Liquidated Damages xxxxxxxx to Seller or the twentieth (20th) of the month, whichever is later. If Seller fails to pay Avista any Delay Liquidated Damages when due, Avista may draw from the Delay Security such amounts as are necessary to recover amounts owing to Avista in Delay Liquidated Damages pursuant to this Agreement. Any failure by Avista to draw upon the Delay Security for any Delay Liquidated Damages due to Avista shall not prejudice Avista’s rights to recover such Delay Liquidated Damages.
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Payment of Delay Liquidated Damages. 5.6.1. Any amounts payable as Delay Liquidated Damages in accordance with Section 4.6 (Delay Liquidated Damages During Mobilization Period) shall be paid within fourteen
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Payment of Delay Liquidated Damages. The Supplier shall pay to the Contracting Entity the Delay Liquidated Damages due under this clause 11.2 (Delay) monthly in arrears on the tenth (10th) Day of each month or, following service of a notice by the Contracting Entity to the Supplier, the Contracting Entity may set-off such amounts against any amounts due to the Supplier under this Contract.
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Payment of Delay Liquidated Damages. Delay Liquidated Damages, if due, shall be payable by Contractor to Owner within thirty (30) Days following Notice from Owner that such amounts are due or, if the payment of any such amount is disputed, within thirty (30) Days following resolution of the Claim in accordance with Article 27. Payment of Delay Liquidated Damages shall be Owner’s sole and exclusive remedy for Contractor’s failure to achieve Substantial Completion of a Unit by the date that is more than [***] after the Guaranteed Substantial Completion Date for such Unit, except that (a) Owner shall have a termination right in accordance with Section 13.1 upon meeting the conditions for termination set forth therein, (b) if Contractor is otherwise in breach of this Agreement then Owner may terminate under Section 22.2(a) upon meeting the conditions for termination set forth therein [***].
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Related to Payment of Delay Liquidated Damages

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Up-Front Payment At all times during the Effective Period other than those periods for which payment of all Billed Amounts is By Invoice, Customer shall maintain on file with 8x8 or the billing 8x8 Affiliate (as applicable) complete, accurate, and up-to-date information for at least one valid, working credit card or Customer account (sufficient to permit ACH withdrawals). Payment of all Billed Amounts – other than those for which 8x8 has agreed to payment By Invoice – shall be by charge to such credit card(s) or by ACH withdrawal from such account(s), at or near time of billing, and Customer hereby authorizes 8x8 to make such charges or withdrawals. Where payment is by such charge or withdrawal, (a) 8x8 shall post a statement of the Billed Amounts in the relevant account at or near the time of the first attempted charge or withdrawal and shall thereafter make commercially reasonable efforts to notify Customer by email and/or telephone if the charge or withdrawal is not successful and (b) Billed Amounts shall be due within fourteen (14) days of such posting.

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