LIQUIDATED AND ASCERTAINED DAMAGES Sample Clauses

LIQUIDATED AND ASCERTAINED DAMAGES. If the Supplier fails to deliver the Goods at the Delivery Address before the expiry of the Delivery Due Date, the Supplier shall be liable to LAD of 1% per day up to a maximum LAD of 10% of the Purchase Order value of the undelivered Goods. TERMINATION
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LIQUIDATED AND ASCERTAINED DAMAGES. Without prejudice to the provisions of Clause 4 of these conditions and if Amplus Ltd fails to complete the works or any major phase in accordance with the contract Amplus Ltd's liability for any and all damages will be limited to that proportion of the total liquidated damages as our Sub-Contract is of the Main Contract sum. The deduction of liquidated damages is to be subject to our agreement prior to implementation. Notwithstanding the above the Total Liquidated Damages shall not exceed 5% of our Sub-Contract price.
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LIQUIDATED AND ASCERTAINED DAMAGES. 10.2 The Liquidated Damages stated in Clause 10.1 is deemed to be a reasonable loss and/or damage which the Customer will suffer in the event that the Developer is in breach of the Clause hereof.
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LIQUIDATED AND ASCERTAINED DAMAGES. 11.1 If the project is not substantially completed on the stated completion date, the Contractor shall pay to the Owner a sum of ($150 per day or part thereof) for each calendar day of inexcusable delay until the work is substantially completed, as liquidated damages. In addition to levying the liquidated damages as before described, the Owner will be compensated for all additional damages ascertained to have been suffered by them for the late delivery of the project.
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LIQUIDATED AND ASCERTAINED DAMAGES. 21.1 Should the Supplier fail to deliver all or any of the Goods by the delivery date specified in the Purchase Order, or any extended delivery date agreed under the Purchase Order, then the Customer shall, in addition to and without prejudice to any other remedies available to it under the Contract, at law and in equity have the right to require the Supplier to pay 0% for the first week that the Goods are delayed, 2% of the Contract price of the Goods, for the second week or part thereof that the Goods are delayed, 3% of the Contract price of the Goods, for the third week or part thereof that the Goods are delayed, and 5% of the Contract price of the Goods, for the fourth week or thereafter that the Goods are delayed, . Damages shall be limited to the Contract price of those items in default.
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LIQUIDATED AND ASCERTAINED DAMAGES. At the rate of € per APPENDIX PART 2 Completed by Sub-Contractor and submitted with Tender A Communications (Article 5 of the Main Contract) Details for sending notices under clauses 12 and 13 to the Sub-Contractor are: For the attention of: Address: Details for sending other notices to the Sub-Contractor are: For the attention of: Address: Fax: Email: The Sub-Contractor’s agent4 in the Republic of Ireland for service of legal process is: Name Address B Parent Company Guarantee The Sub-Contractor shall provide a parent company guarantee in the form in the Contract Documents from: Name of Parent Company5: Postal Address: Registered Address: Place where incorporated or organised: 4 An agent in the State must be named if the Sub-Contractor’s registered office or other principal place of business is outside the State
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LIQUIDATED AND ASCERTAINED DAMAGES. As page 1/13 of the Bills of Quantities will be KShs. 50,000.00 per calendar week or part thereof. In the event of us being awarded the above works, we propose to use the following subcontractors, subject to the Architect’s approval. NAME OF SUB-CONTRACTOR WORK TO BE EXECUTED
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LIQUIDATED AND ASCERTAINED DAMAGES. 27.1 Without prejudice to the Authority's rights under Clause 52 (Default by the Contractor), in the event that the Full Operation Period has not commenced by the Scheduled Opening Date or the Further Full Operation Period has not commenced by the Further Scheduled Opening Date the Contractor shall be liable to pay liquidated and ascertained damages to the Authority unless and to the extent that the Authority is in breach of those of its obligations which are referred to in Clause 31.4.
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Related to LIQUIDATED AND ASCERTAINED DAMAGES

  • 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.

  • 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.

  • Interest and Late Charges If Tenant fails to pay when due any Rent or other amounts or charges which Tenant is obligated to pay under the terms of this Lease, the unpaid amounts shall bear interest at the maximum rate then allowed by law. Tenant acknowledges that the late payment of any Monthly Installment of Base Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including without limitation, administrative and collection costs and processing and accounting expenses, the exact amount of which is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment is not received by Landlord within ten (10) days from the date it is due, Tenant shall pay Landlord a late charge equal to ten percent (10%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. Acceptance of any interest or late charge shall not constitute a waiver of Tenant's default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease.

  • Waiver of Liquidated Damages If the Partnership is unable to cause a Registration Statement to become effective on or before the Target Effective Date, then the Partnership may request a waiver of the Liquidated Damages, which may be granted by the consent of the Holders of at least the Registrable Securities Required Voting Percentage, in their sole discretion, and which such waiver shall apply to all the Holders of Registrable Securities included on such Registration Statement.

  • 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.

  • Damages Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

  • No Duty to Collect Amounts Due From Dividend and Transfer Agent The Custodian shall not be under any duty or obligation to take action to effect collection of any amount due to the Trust from any Dividend and Transfer Agent of the Trust nor to take any action to effect payment or distribution by any Dividend and Transfer Agent of the Trust of any amount paid by the Custodian to any Dividend and Transfer Agent of the Trust in accordance with this Agreement.

  • Late Charge; Interest Tenant acknowledges that the late payment of Base Rent or any other amounts payable by Tenant to Landlord hereunder (all of which shall constitute additional rental to the same extent as Base Rent) will cause Landlord to incur administrative costs and other damages, the exact amount of which would be impracticable or extremely difficult to ascertain. Landlord and Tenant agree that if Landlord does not receive any such payment on or before five (5) days after the date the payment is due, Tenant shall pay to Landlord, as additional rent, (a) a late charge equal to five percent (5%) of the overdue amount to cover such additional administrative costs; and (b) interest on the delinquent amounts at the lesser of the maximum rate permitted by law if any or twelve percent (12%) per annum from the date due to the date paid.

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