Common use of Damages for Late Completion Clause in Contracts

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.