Performance Liquidated Damages. The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: • Delivery beyond contracted lead times • Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin. Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Xxxxxx hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way.
Performance Liquidated Damages. FOR THIS SUPPLEMENT, THE REMEDIES OF BUYER IN SECTIONS 2.2(C), 4.2(D), 4.2(E), AND 4.3(B) HEREOF SHALL CONSTITUTE BUYER’S PERFORMANCE LIQUIDATED DAMAGES FOR THE SERVICE OFFERED UNDER THIS SUPPLEMENT AND CONSTITUTE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY PERFORMANCE FAILURE RELATED TO OR ARISING FROM THE SERVICE OFFERED HEREUNDER.
Performance Liquidated Damages. The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: Delivery beyond contracted lead times Performance below contracted levels (services only) The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor’s monthly profit margin. Exhibit C City of Xxxxxx
Performance Liquidated Damages. FOR THIS SUPPLEMENT, THE REMEDIES OF BUYER IN SECTION 4.2(C), HEREOF SHALL CONSTITUTE BUYER'S PERFORMANCE LIQUIDATED DAMAGES FOR THE SERVICE OFFERED UNDER THIS SUPPLEMENT AND CONSTITUTE BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY PERFORMANCE FAILURE RELATED TO OR ARISING FROM THE SERVICE OFFERED HEREUNDER.
Performance Liquidated Damages. Subject to Section 20.2C, Contractor’s maximum liability to Owner for Performance Liquidated Damages is *** U.S. Dollars (U.S.$***), in the aggregate.
Performance Liquidated Damages. Subject to Section 20.2C, Contractor’s maximum liability to Owner for (i) Performance Liquidated Damages for Subproject 1 is *** US Dollars (U.S.$***), in the aggregate, and (ii) Performance Liquidated Damages for Subproject 2 is *** US Dollars ($***), in the aggregate.
Performance Liquidated Damages. Owner may assess the following Performance Liquidated Damages subject to the limitations set forth in this Section 8.3.2, in Section 8.3.3 and in Article 21 (“Performance Liquidated Damages”):
Performance Liquidated Damages. If the Measured Availability for the PV Plant is equal to or greater than ninety-eight percent (98%) (the “Guaranteed Performance”) for any annual reporting period (or, if shorter, the initial reporting period), then the Guaranteed Performance for the PV Plant shall be deemed satisfied for such period and O&M Contractor shall have no liability to Owner in relation to the Guaranteed Performance for the PV Plant. If the Measured Availability is less than the Guaranteed Performance for any annual reporting period (or, if shorter, the initial reporting period), O&M Contractor shall pay Owner, as liquidated damages and not as a penalty, the amount equal to (i) the Guaranteed Availability minus the Measured Availability, multiplied by (ii) the quotient resulting from dividing (A) the actual production of the Facility (in MWh) by
Performance Liquidated Damages. If the Measured PerformanceAvailability for the PV Plant is equal to or greater than ninety-eight percent (98%) (the “Guaranteed Performance”) for any annual reporting period (or, if shorter, the initial reporting period), then the Guaranteed Performance for the PV Plant shall be deemed satisfied for such period and O&M Contractor shall have no liability to Owner in relation to the Guaranteed Performance for the PV Plant. If the Measured PerformanceAvailability is less than the Guaranteed Performance for any annual reporting period (or, if shorter, the initial reporting period), O&M Contractor shall pay Owner, as liquidated damages and not as a penalty, the amount indicated in Exhibit G-1equal to (i) the Guaranteed Availability minus the Measured Availability, multiplied by (ii) the quotient resulting from dividing (A) the actual production of the Facility (in MWh) by (B) the Measured Availability, m ultiplied by (iii) the Facility’s production-weighted MISO locational marginal price (LMP) (in $/MWh) (the “Performance Liquidated Damages”). Performance of the PV Plant shall be determined in accordance with Exhibit G-1. THE PARTIES AGREE THAT (A) IT IS DIFFICULT OR IMPOSSIBLE TO DETERMINE WITH PRECISION THE AMOUNT OF DAMAGES THAT WOULD OR MIGHT BE INCURRED BY OWNER AS A RESULT OF SUCH FAILURE TO ACHIEVE SUCH GUARANTEED PERFORMANCE; (B) OWNER WOULD BE DAMAGED BY ANY FAILURE OF O&M CONTRACTOR TO ACHIEVE SUCH PERFORMANCE GUARANTIES; (C) IT WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES RESULTING THEREFROM; (D) ANY SUMS THAT WOULD BE PAYABLE UNDER THIS SECTION 10.2; (B) ARE IN THE NATURE OF LIQUIDATED DAMAGES, AND NOT A PENALTY, AND ARE FAIR AND REASONABLE; (E) EACH PAYMENT REPRESENTS A REASONABLE ESTIMATE OF FAIR COMPENSATION FOR THE DAMAGES THAT MAY REASONABLY BE ANTICIPATED FROM SUCH FAILURE; AND (F) EACH OF O&M CONTRACTOR AND OWNER HEREBY IRREVOCABLY WAIVES ANY RIGHT TO CLAIM TO ANY COURT OR ARBITRAL TRIBUNAL OR SEEK THE ADJUSTMENT OF ANY SUCH SUMS.
Performance Liquidated Damages. Contractor acknowledges that its breach as set forth in this Section will cause substantial damage to Client, the actual amount of which will be difficult to determine. Therefore, Contractor agrees that upon any of the breaches set forth below, Contractor shall pay Client a lump sum payment equal to the amount set forth below corresponding to the applicable breach. These amounts are intended to compensate Client for the lost value to Client because of such breach, and Contractor agrees that it will remain liable for all other obligations claimed under this Agreement.
