Damages for breach of maintenance service obligations Sample Clauses

Damages for breach of maintenance service obligations. 12.4.1 In mutual consultation with the Authority the Contractor shall provide a maintenance schedule with an agreed time for rectifying any maintenance related damages/repair for each maintenance type. In the event that the Contractor fails to repair or rectify any defect or deficiency set forth in the maintenance requirements within the period specified therein , it shall be deemed to be in breach of this Contract and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured at the rate of 1 % (one percent) of the monthly maintenance instalment for each instance of breach. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof.
Sample 1
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Damages for breach of maintenance service obligations. 12.4.1 In mutual consultation with the Authority the Service Provider shall provide a maintenance schedule with an agreed time for rectifying any maintenance related damages/repair for each maintenance type. In the event that the Service Provider fails to rectify any defect or deficiency set forth in the maintenance requirements within the period specified therein, it shall be deemed to be in breach of this Contract and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured based on the service levels defined in contract. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof.
Sample 1
Damages for breach of maintenance service obligations. 12.4.1 In mutual consultation with the Authority, the Contractor shall provide a maintenance schedule with an agreed time for rectifying any maintenance related damages/repair for each maintenance type. In the event that the Contractor fails to repair or rectify any defect or deficiency set forth in the maintenance requirements within the period specified therein, it shall be deemed to be in breach of this Contract and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured at the rate of 1 % (one percent) of the monthly maintenance fee amount calculated pro rata with reference to actual quarterly payment in terms hereof, for each instance of breach. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof.
Sample 1
Damages for breach of maintenance service obligations. 12.4.1 In the event that the Contractor fails to repair or rectify any defect or deficiency set forth in the maintenance requirements within the period specified therein, it shall be deemed to be in breach of this Contract and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured at the rate of 0.2 % (zero point two percent) of the cost of repair or rectification as estimated by the Authority. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Contract, including the right of Termination thereof.
Sample 1

Related to Damages for breach of maintenance service obligations

  • Damages for breach of maintenance obligations 17.8.1 In the event that the Concessionaire fails to repair or rectify any defect or deficiency set forth in the Maintenance Requirements within the period specified therein, it shall be deemed to be in breach of this Agreement and the Authority shall be entitled to recover Damages, to be calculated and paid for each day of delay until the breach is cured, at the higher of (a) 0.5% (zero point five per cent) of Performance Guarantee, and (b) 0.1% (zero point one per cent) of the cost of such repair or rectification as estimated by the Independent Engineer. Recovery of such Damages shall be without prejudice to the rights of the Authority under this Agreement, including the right of Termination thereof.

  • Liability for Breach of Contract 1. Any Party who violates the provisions of this Agreement and makes all or part of this Agreement unenforceable, shall be liable for breach of contract and shall compensate the other Party for the losses caused thereby (including the litigation fees and attorney fees caused thereby). If both Parties breach this Agreement, each shall bear the corresponding responsibility according to the actual situations.

  • Damages for Failure to Cut or Termination for Breach (a) In event of Purchaser’s failure to cut designated timber on portions of Sale Area by Termination Date or termination for breach under B9.31, Forest Service shall appraise remaining Included Timber, unless termination is under B8.22 or B8.34. Such appraisal shall be made with the standard Forest Service method in use at time of termination.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Termination for Breach of Contract 1. Except as provided in PSC-6, if CONTRACTOR fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, CITY may give CONTRACTOR written notice of the default. CITY’S default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of CITY. Additionally, CITY’S default notice may offer CONTRACTOR an opportunity to provide CITY with a plan to cure the default, which shall be submitted to CITY within the time period allowed by CITY. At CITY’S sole discretion, CITY may accept or reject CONTRACTOR’S plan. If the default cannot be cured or if CONTRACTOR fails to cure within the period allowed by CITY, then CITY may terminate this Contract due to CONTRACTOR’S breach of this Contract.

  • REMEDY FOR BREACH OF WARRANTY 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions.

  • 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.

  • Remedies for Breach of Obligation of Confidentiality Each party acknowledges that breach of its obligation of confidentiality may give rise to irreparable injury to the other party, which damage may be inadequately compensable in the form of monetary damages. Accordingly, a party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available, to include, in the case of the State, at the sole election of the State, the immediate termination, without liability to the State, of this Contract or any Statement of Work corresponding to the breach or threatened breach.

  • Breach and Remedies for Breach 14 10.1 Liquidated Damages Schedule and Schedule Amendments.

  • Indemnification (Breach of Warranty of Security) The Contractor agrees to defend, indemnify and hold harmless the Department, Customer, the State of Florida, its officers, directors and employees for any claims, suits or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two year period of time following the breach.

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