Agreed Damages. Subject to complying with clause 12, the Contractor will be entitled to be paid the amount in the Contract Particulars for each day by which the Date for Completion is extended due to a breach of Contract by the Principal. This amount: is the agreed damages which will be payable by the Principal in these circumstances; and will be a limitation upon the Principal's liability to the Contractor for any delay or disruption which: the Contractor encounters in performing the Contractor's Activities; and arises from a breach of Contract by the Principal.
Agreed Damages. Subject to complying with clause 12, the Contractor will be entitled to be paid the amount specified in the Contract Particulars for each day by which the Date for Completion is extended due to a breach of Contract by the Commonwealth. This amount: is the agreed damages which will be payable by the Commonwealth in these circumstances; and will be a limitation upon the Commonwealth's liability to the Contractor for any delay or disruption which: the Contractor encounters in performing the Contractor's Activities; and arises out of or in connection with a breach of the Contract by the Commonwealth.
Agreed Damages. If Landlord levies any Admission Fee except as permitted under Section 34.23(a), then, in addition to any other remedies that may be available to Tenant for breach of Section 34.23(a), Tenant shall be entitled to receive from Landlord and Landlord shall be obligated to pay to Tenant on the last day of each month with respect to which such Admission Fee is levied the amount by which such Admission Fee exceeds the In Lieu Payments that would otherwise be payable under Section 34.23(b) for such month. Tenant may set off any payment due and payable by Tenant to Landlord under this Lease against any amount due and payable by Landlord to Tenant under this Section 34.23(g)
Agreed Damages. 16.1 SHOULD THE SUBSCRIBER TERMINATE THIS AGREEMENT OTHERWISE THAN PROVIDED FOR IN CLAUSE 14.2 THEN WE WILL BE ENTITLED TO CLAIM FROM THE SUBSCRIBER AS A GENUINE PRE-ESTIMATE OF THE DAMAGES SUFFERED BY US, AN AMOUNT EQUAL TO THE TOTAL TELEMATICS SERVICE COST OWING FOR THE UNEXPIRED PORTION OF THE SUBSCRIPTION PERIOD, COMMENCING FROM THE DATE OF TERMINATION UNTIL THE END OF THE INITIAL SUBSCRIPTION PERIOD. WHERE AN AMOUNT HAS BEEN PRE-PAID, THE SUBSCRIBER AGREES TO WAIVE ANY CLAIM FOR RECOVERY OF THE TELEMATICS SERVICE COSTS. WHERE THE AMOUNT OF AGREED DAMAGES ARE OWING BY MEANS OF A MONTHLY DEBIT AUTHORITY, THE SUBSCRIBER AGREES TO PAY THE FULL AMOUNT OWING FOR THE UNEXPIRED PORTION OF THE SUBSCRIPTION PERIOD, COMMENCING FROM THE DATE OF TERMINATION UNTIL THE END OF THE INITIAL SUBSCRIPTION PERIOD. THIS AMOUNT WILL BE DUE AND PAYABLE TO US WITHIN SEVEN DAYS OF THE DATE OF SUCH TERMINATION OR THE DATE ON WHICH THE SUBSCRIBER FALLS INTO ARREARS.
Agreed Damages. 14.1 It is hereby agreed between the parties that in every case of a material breach of this Agreement by the Purchaser, which is not the cured in accordance with the provisions of sub-clause 18.6 below, including, and without derogating from the generality of the foregoing, in the case of actual non-payment of the consideration to the Municipality by the Purchaser at the times specified in Clause 6 above, for any reason, or in the case of a registration by the Purchaser of a caveat prior to the time specified in sub-clause 9.5 above which was not expunged within 48 hours from the time the Purchaser was called upon to expunge same, the Municipality will be entitled, without derogating from any right or remedy available to the Municipality according to any law and agreement in respect of a breach of this Agreement by the Purchaser, to agreed damages in the sum equivalent to 10% of the amount of the Basic Consideration (hereinafter: “the Agreed Damages”), as agreed pre-estimated liquidated damages in respect of such material breach. It is hereby expressly agreed that in such case the Municipality will have the absolute right to confiscate the Agreed Damages, either by foreclosing on the sale process guarantee or by holding forfeit the amounts which have been paid to it on account of the consideration up to such time, without the necessity for giving a warning notice or notice of any sort to the Purchaser and/or to the Interested Parties.
Agreed Damages. The time for the Substantial and Final Completion of the work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor’s failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment.
Agreed Damages. This clause 10.11 applies unless the Subcontract Particulars state that it does not apply. The Subcontractor will be entitled to be paid the amount in the Subcontract Particulars for each day by which the Date for Completion of the Subcontract Works or a Stage is extended due to a breach of the Subcontract by the Contractor. This amount: is the agreed damages which will be payable by the Contractor in these circumstances; and will be a limitation upon the Contractor's liability to the Subcontractor for any delay or disruption which: the Subcontractor encounters in carrying out the Subcontractor's Activities; and arises out of, or in any way in connection with, the breach of the Subcontract by the Contractor, and the Subcontractor will not be entitled to make, nor will the Contractor be liable upon, any Claim in these circumstances other than for the amount which is payable by the Contractor under this clause 10.11.
Agreed Damages. Gilead and Licensee acknowledge and agree that the amount of actual damages sustained by diversion is impossible or extremely difficult to calculate, and that the damage increases on an exponential (and not linear) basis, due to the effect of the product brand and associated goodwill and reputation. In the event any Product is diverted to any country outside the Territory in any manner by anyone (a “Diversion Event”), then in addition to any other remedies Gilead may be entitled to at law or in equity, Gilead shall be entitled to injunctive relief and to damages, calculated in the manner set forth in section (c) below.
Agreed Damages. Subject to complying with clause 12, the Subcontractor will be entitled to be paid the amount specified in the Subcontract Particulars for each day by which the Date for Completion is extended due to a breach of contract by the Contractor. This amount: is the agreed damages which will be payable by the Contractor in these circumstances; and will be a limitation upon the Contractor's liability to the Subcontractor for any delay or disruption which: the Subcontractor encounters in performing the Subcontractor's Activities; and arises out of or in connection with a breach of the Subcontract by the Contractor.
Agreed Damages. (Clause 9.6) $……………. for each day for which an extension of time is granted due to a breach of contract by the Contractor CLAUSE 11 - PAYMENT Times for submission of payment claims by the Subcontractor to the Contractor's Representative: (Clause 11.2(a)) Monthly on the .................day of each month Number of business days for payment: (Clause 11.5(b)) To the extent that the relevant part of the Subcontractor's Activities is carried out in: 1. Queensland or New South Wales: 5; or 2. any other State or Territory: 10. Interest: (Clause 11.11) 1. In the case of damages - the Australian Taxation Office-sourced General Interest Charge Rate current at the due date for payment or such other rate nominated in writing from time to time by the MCC Contract Administrator; or 2. In the case of late payments - the greater of: (a) the rate in paragraph (1); and (b) the rate of interest prescribed under any applicable Security of Payment Legislation. Option for payment of workers and subsubcontractors: (Clause 11.14) [OPTION 1/ OPTION 2] applies. (Option 1 applies unless otherwise stated) Appointed Adjudicator/Prescribed Appointer/Authorised Nominating Authority: (Clause 11.16(d)) To the extent that the relevant part of the Subcontractor's Activities is carried out in: 1. the Northern Territory or Western Australia: (a) the appointed adjudicator is ; or (b) if no appointed adjudicator is appointed, the prescribed appointer is the Resolution Institute, Northern Territory Chapter or Western Australian Chapter (as the case may be); 2. Xxxxxxxx, any one of the following: (a) Resolution Institute, Victorian Chapter; (b) Building Adjudication Victoria Inc; or (c) Rialto Adjudications Pty Ltd; or 3. any other State or Territory, the Resolution Institute of the Chapter in that State or Territory. Facilities and Infrastructure accounting (additional): (Clause 11.18(b)) ………………………………………………………. CLAUSE 13 - COMPLETION Liquidated damages: (Clause 13.5) For the Subcontract Works is $…………… per day For each Section is: Section Liquidated damages $ per day $ per day $ per day Incentive: (Clause 13.7) Clause 13.7 [DOES/DOES NOT] apply. (Clause 13.7 does not apply unless otherwise stated) Date: ………………………………….. Amount: ………………………………. CLAUSE 15 - DISPUTES Directions to be subject of an expert determination if disputed: (Clause 15.2) Directions under clauses: 1.4(b), 6.5(a), 6.5(d), 6.9(d)(ii), 7.3(f)(ii) and (g), 8.3, 8.4, 8.5(d) and the second to last paragraph of clause 8.5, 9.5(a), 9.7(...
