Damages for Late Completion Sample Clauses

Damages for Late Completion. If Functional Completion has not been achieved by the date set in the Project Schedule for Functional Completion, and if the date so set has not been extended as provided herein, or if the date set for Functional Completion has been extended as provided herein and the date so extended has not been met, the Operator shall pay VIHA liquidated damages in the sum of $ per day (this amount will vary depending upon project size from $500 to $2,000 per day) beyond which the Functional Completion date has not been achieved, as determined by VIHA, acting reasonably. The damages payable hereunder are in addition to any other remedies available to VIHA hereunder, including termination. The Operator agrees that such damages shall be payable as liquidated damages without proof of specific loss or damage and are payable whether or not VIHA incurs or mitigates its damages. The Operator acknowledges that such liquidated damages are not a penalty but represent a reasonable pre-estimate of the damages that VIHA will suffer as a result of the delay in achieving the date set for Functional Completion The Operator has taken the possibility of these damages into account in the pricing of its Proposal and acknowledges that VIHA has relied on this opportunity to recover such damages in entering into this Agreement.

Damages for Late Completion a. If the Sub-Contractor fails to achieve Completion by the Date for Completion, the Sub-Contractor must pay to Total: i. the liquidated damages stated at Item 9 of the Subcontract Particulars for every day after the Date for Completion until the Date of Completion or termination (whichever occurs first); or ii. the costs of Total’s on and off site overheads and any other loss or expense suffered by Total as a result of the Sub- Contractor’s failure to achieve Completion by the Date for Completion b. The parties agree the amount for liquidated damages stated in the Sub-Contract Particulars is an agreed genuine pre- estimate of Total’s loss and damages in the event Completion occurs after the Date for Completion. c. If the Head Contract Works do not reach Practical Completion by the date for Practical Completion under the Head Contract due to: i. a failure of the Sub-Contractor to reach Completion by the Date for Completion under the Sub-Contract, or ii. due to a breach of any other obligation under the Sub-Contract by the Sub-Contractor, the Sub-Contractor shall indemnify Total against any liquidated damages under the Head Contract or any other damages that Total becomes liable to pay under the Head Contract.

Damages for Late Completion. NOTE – Where liquidated damages are provided below, the Contractor acknowledges and agrees that the amount stated is a genuine pre-estimate of the likely loss that would result from delay of completion. NOTE – Amounts quoted below are exclusive of GST. 10.5.1 Liquidated damages shall be applied as follows:  For the Contract Works: [$[insert] per calendar day]  For any Separable Portions: [Separable Portion 1: $[insert] per calendar day etc.] [Separable Portion 2: $[insert] per calendar day etc.] [Separable Portion 3: $[insert] per calendar day etc.]

Damages for Late Completion. Delete 13.9.1 and replace with If the Contractor fails to meet the Milestone Date for Substantial Performance as set out herein (and as may be adjusted pursuant to the provisions of the Contract Documents), then the Owner may deduct from any monies owing to the Contractor for the Work:

Damages for Late Completion. 10.5.1 Liquidated damages shall be applied as follows: • In respect of the Contract Works: 500 ($ per Working Day) • In respect of any Separable Portion(s): N/A ($ per Working Day for each Separable Portion)