Common use of Amounts of Liquidated Damages Clause in Contracts

Amounts of Liquidated Damages. Because the Grantee's failure to comply with provisions of the Franchise will result in injury to the City in amounts that will be difficult to quantify with reasonable certainty, the City and the Grantee agree to the following liquidated damages for the following violations. These damages represent the parties' best estimate of the damages resulting from the specified injury. The liquidated damage amounts are in 1995 dollars and shall be increased each year by the increase in the U.S. Consumer Price Index. (1) For failure to complete the rebuild requirement in accordance with the Franchise: $10,000/month for each full month the violation continues. (2) For any transfer subject to the provisions of Section 14 without prior City approval: $200 for each day the violation continues; (3) For failure to comply with public, educational, and governmental requirements of the franchise and use of the System: $0.50/subscriber/month not to exceed $10,000/month; (4) Except as provided in (5) - (6) below, for violation of applicable Subscriber service standards: $200 per occurrence; (5) For failure to maintain a local office pursuant to the conditions of this franchise: $1 per subscriber per month, not to exceed $5000/month. (6) For violation of any technical performance standards of this Franchise Agreement: $500 per occurrence., (7) For all other material violations of this Agreement: $500 per occurrence.

Appears in 1 contract

Sources: Franchise Agreement

Amounts of Liquidated Damages. Because the Grantee's failure to comply with provisions of the Franchise will result in injury to the City in amounts that will be difficult to quantify with reasonable certainty, the City and the Grantee agree to the following liquidated damages Liquidated Damages for the following violations. These damages represent the parties' best estimate of the damages resulting from the specified injury. The liquidated damage amounts are in 1995 1996 dollars and shall be increased each year by the increase in the U.S. Consumer Price Index. (1) For failure to complete the rebuild requirement in accordance with the Franchise: $10,000/10,000 per month for each full month the violation continues.; (2) For any transfer subject to the provisions of Section 14 15 without prior City approval: $200 200/day for each day the violation continues; (3) For failure to comply with non-monetary requirements for public, educational, and governmental requirements of the franchise and use of the System: $0.50/subscriber/0.50 per subscriber for each month the violation continues, but not to exceed $10,000/10,000 per month; (4) Except as provided in (5) - (6) below, for For violation of applicable Subscriber service standards: (a) For standards requiring a percentage performance: $1,000 per quarter for each percentage point below the required performance; (b) For failure to maintain required Subscriber Service Centers: $1.00 per subscriber per month, but not to exceed $5,000 per month; (c) For other violations: $200 per occurrence; (5) For failure to maintain a local office pursuant to the conditions of this franchise: $1 per subscriber per month, not to exceed $5000/month. (6) For violation of any material technical performance standards of this Franchise Agreementfranchise agreement: $500 per occurrence.,; (76) For all other material violations of this Agreement: $500 per occurrence.

Appears in 1 contract

Sources: Franchise Agreement