Common use of Liquidated Damages for Delay in Final Completion Clause in Contracts

Liquidated Damages for Delay in Final Completion. If Professional/Contractor fails to achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, Professional/Contractor shall pay Corporation the sum of FOURHUNDRED AND NO/100 Dollars ($400.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by Professional/Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Corporation, estimated at the time of executing this Contract. Liquidated damages shall apply regardless of whether Professional/Contractor has been terminated by Corporation prior to Final Completion so long as Professional/Contractor's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Professional/Contractor's performance hereunder for matters other than delays in Final Completion. When Corporation reasonably believes that Final Completion will be inexcusably delayed, Corporation shall be entitled, but not required, to withhold from any amounts otherwise due to Professional/Contractor an amount then believed by Corporation to be adequate to recover liquidated damages applicable to such delays. If and when Professional/Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation has withheld payment, Corporation shall promptly release to Professional/Contractor those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30) calendar days after by , as detailed in Outline Specification Section 00 01 20 “List of Schedules, the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, ProfessionalDesign/Contractor Builder shall pay Corporation Owner the sum of FOURHUNDRED AND NO/100 Dollars ($400.00$ ) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated Such liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/Contractor's Builder’s actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/Contractor's Builder’s performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. .1 If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30) calendar days after as required, Design/Builder will be assessed liquidated damages in accordance with the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, Professional/Contractor shall pay Corporation the sum of FOURHUNDRED AND NO/100 Dollars ($400.00) per day following schedule for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Completion: (3) 2 Any sums due and payable hereunder under this Paragraph 7.4 by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated Such liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/Contractor's Builder’s actions or inactions contributed to substantially caused the delay; provided, however, that if Design/Builder is in substantial compliance with the project schedule at the time of termination, no liquidated damages will be assessed against Design/Builder. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/Contractor's Builder’s performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30) calendar days after of the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, ProfessionalDesign/Contractor Builder shall pay Corporation Owner the sum of FOURHUNDRED AND NO/100 Dollars ($400.00) 250 per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated Such liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/Contractor's Builder’s actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/Contractor's Builder’s performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably unexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, ProfessionalDesign/Contractor Builder shall pay Corporation Owner the sum of FOURHUNDRED AND NO/100 _One Thousand_ Dollars ($400.00_1,000_) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/ContractorBuilder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/ContractorBuilder's performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30number ( ) calendar days after of the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, ProfessionalDesign/Contractor Builder shall pay Corporation Owner the sum of FOURHUNDRED AND NO/100 –No-- Dollars ($400.000.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated Such liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/ContractorBuilder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/ContractorBuilder's performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably unexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, ProfessionalDesign/Contractor Builder shall pay Corporation Owner the sum of FOURHUNDRED AND NO/100 Two Hundred Dollars ($400.00200) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/ContractorBuilder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/ContractorBuilder's performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, ProfessionalDesign/Contractor Builder shall pay Corporation Owner the sum of FOURHUNDRED AND NO/100 Two Hundred Dollars ($400.00200.00) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/ContractorBuilder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/ContractorBuilder's performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.

Liquidated Damages for Delay in Final Completion. If ProfessionalDesign/Contractor Builder fails to achieve Final Completion within thirty (30) calendar days after by , as detailed in Outline Specification Section 00 01 20 “List of Schedules, the date of Substantial Completion, Subject to extension for force majeure as provided in this Agreement, ProfessionalDesign/Contractor Builder shall pay Corporation Owner the sum of FOURHUNDRED AND NO/100 Dollars ($400.00$ ) per day for each and every calendar day of unexcused delay in achieving Final Completion beyond the date set forth herein for Final Completion of the Work. Any sums due and payable hereunder by ProfessionalDesign/Contractor Builder shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by CorporationOwner, estimated at the time of executing this ContractAgreement. Liquidated Such liquidated damages shall apply regardless of whether ProfessionalDesign/Contractor Builder has been terminated by Corporation Owner prior to Final Completion so long as ProfessionalDesign/ContractorBuilder's actions or inactions contributed to the delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in ProfessionalDesign/ContractorBuilder's performance hereunder for matters other than delays in Final Completion. When Corporation Owner reasonably believes that Final Completion will be inexcusably delayed, Corporation Owner shall be entitled, but not required, to withhold from any amounts otherwise due to ProfessionalDesign/Contractor Builder an amount then believed by Corporation Owner to be adequate to recover liquidated damages applicable to such delays. If and when ProfessionalDesign/Contractor Builder overcomes the delay in achieving Final Completion, or any part thereof, for which Corporation Owner has withheld payment, Corporation Owner shall promptly release to ProfessionalDesign/Contractor Builder those funds withheld, but no longer applicable as liquidated damages.