LIQUIDATED DAMAGES FOR LATE PERFORMANCE Sample Clauses

The Liquidated Damages for Late Performance clause establishes a predetermined financial penalty that a party must pay if they fail to meet specified deadlines under a contract. Typically, this clause sets out a fixed amount or a formula for calculating damages for each day or period of delay, applying automatically if the agreed-upon completion date is missed. Its core function is to provide certainty and streamline the process of compensating the non-breaching party for delays, avoiding the need for lengthy disputes over the actual amount of damages caused by late performance.
LIQUIDATED DAMAGES FOR LATE PERFORMANCE. 37.1 In the event that the launch of the Spacecraft is delayed due to the fault of Contractor (and/or Contractor's subcontractors or suppliers) or the Spacecraft is not shipped on or prior to the Shipment Date in accordance with the requirements of this Contract and the Exhibits hereto, Contractor shall pay to Buyer liquidated damages as follows: 37.1.1 For [************************] of delay, Contractor shall [**************************] 37.1.2 For the next [**************] of delay, Contractor shall [********************************************** ***************************************************** ******************************] 37.2 Contractor shall pay to Buyer the liquidated damages owed pursuant to Paragraphs 37.1 within thirty (30) days of invoice from Buyer. 37.3 The Parties understand and agree that the liquidated damages provided under this Article 37 shall be in lieu of all other remedies of any kind except for Buyer's rights and remedies under Articles 11 and 14. The amounts presented in Paragraph 37.1 shall constitute liquidated damages for such late shipment and shall not constitute a penalty. The Parties acknowledge and agree that such liquidated damages are believed to represent a genuine estimate of the losses that would be suffered by reason of any such delay (which losses would be difficult or impossible to calculate with certainty). [***] Filed separately with the Commission pursuant to a request for confidential treatment.
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LIQUIDATED DAMAGES FOR LATE PERFORMANCE is hereby amended as ---------------------------------------------------- follows: Section 37.1. 1: Revised paragraph (ii) to replace "any other Spacecraft -------------- purchased under this Contract" with "PAS 9" and added paragraph (iii) "with respect to PAS 10, at a rate of [***]" and paragraph (iv) "with respect to a [***] Filed separately with the Commission pursuant to a request for confidential treatment. replacement spacecraft for PAS 10 (if ordered by Buyer pursuant to Paragraph 38.5), [***]. Section 37.1. 2: Revised paragraph (ii) to replace "any other Spacecraft -------------- purchased under this Contract" with "PAS 9" and added paragraph (iii) "with respect to PAS 10, at a rate of [***] and added paragraph (iv) "with respect to a replacement Spacecraft for PAS 10 (if ordered by Buyer pursuant to Paragraph 38.5), [***] for such replacement Spacecraft.
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LIQUIDATED DAMAGES FOR LATE PERFORMANCE. 37.1 Subject to Excusable Delays which excuse or delay Contractor's performance under Article 12, in the event that (i) (A) the shipment of a Spacecraft is delayed due to the fault of Contractor (and/or Contractor's subcontractors or suppliers) and (B) such Spacecraft is not shipped on or before the applicable Shipment Date identified under Article 4 (as such date may be adjusted by mutual agreement of the Parties), or (ii) [***] Contractor shall pay liquidated damages for such Spacecraft as follows: 37.1.1 For [***] of delay in (a) the shipment of the Spacecraft (in the event of clause (i) above) or (b) [***] (in the event of clause (ii) above), Contractor shall pay to Buyer liquidated damages equal to [***] 37.1.2 For each of the next [***] of delay in (a) the shipment of the Spacecraft (in the event of clause (i) above), or (b) [***] (in the event of clause (ii) above), Contractor shall pay to Buyer additional liquidated damages equal to [***]. PanAmSat and Boeing Proprietary Information Subject to restrictions on Contract title page 97 Buyer ____ Contractor ____ [***] Filed separately with the Commission pursuant to a request for confidential treatment. 37.2 In the event of any delay of a partial month, the amounts specified in Paragraphs 37.1.1 and 37.1.2, as applicable, shall be pro rated on a day-for-day manner based upon the number of days in such month. 37.3 Contractor shall pay to Buyer the liquidated damages owed pursuant to Paragraphs 37.1.1, 37.1.2 and 37.6 within thirty (30) days of invoice from Buyer. 37.4 The Parties understand and agree that the liquidated damages provided under this Article 37 shall be in lieu of all other remedies of any kind except for Buyer's rights and remedies under Articles 11 and 14. The amounts presented in Paragraph 37.1 and 37.6 shall constitute liquidated damages for such late shipment or delivery and shall not constitute a penalty. The Parties acknowledge and agree that such liquidated damages are believed to represent a genuine estimate of the losses that would be suffered by reason of any such delay (which losses would be difficult or impossible to calculate with certainty). 37.5 The Parties agree that the provisions of this Article 37 shall apply separately to each Spacecraft, and that the maximum liquidated damages for a Spacecraft under Paragraphs 37.1.1 and 37.1.2 is [***] per Spacecraft. 37.6 In addition to the amounts (if any) payable under Paragraph(s) 37.1.1 and 37.1.2 above, if [***], the Contractor...
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LIQUIDATED DAMAGES FOR LATE PERFORMANCE. In the event that (i) the shipment of a Spacecraft is delayed due to the fault of Contractor (and/or Contractor's subcontractors or suppliers) and is not shipped on or before the applicable Shipment Date identified under Article 4 (as such date may be adjusted by mutual agreement of the Parties) or (ii) Contractor does not timely deliver the Exhibit H Certain Documentation required to be delivered prior to launch, Contractor shall pay liquidated damages for such Spacecraft as follows:
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LIQUIDATED DAMAGES FOR LATE PERFORMANCE. 37.1 In the event that (i) the shipment of a Spacecraft is delayed due to the fault of Contractor (and/or Contractor's subcontractors or suppliers) and is not shipped on or before the applicable Shipment Date identified under Article 4 (as such date may be adjusted by mutual agreement of the Parties) or (ii) Contractor does not timely deliver the Exhibit H Certain Documentation required to be delivered prior to launch, Contractor shall pay liquidated damages for such Spacecraft as follows: 37.1.1 For [************] of delay, Contractor shall pay to Buyer liquidated damages equal to: (i) with respect to Domestic 1 or Domestic 2, [***** ********************************] and
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LIQUIDATED DAMAGES FOR LATE PERFORMANCE. 90 ARTICLE 38.
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Related to LIQUIDATED DAMAGES FOR LATE PERFORMANCE

  • Liquidated Damages for Delay In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of $500.00 per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this $500.00 per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the is $500.00 per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.

  • 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.

  • Delay Liquidated Damages Delay Liquidated Damages has the meaning set out in GC 7.6.1.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of subsection 4.7 of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. If OGS determines that Contractor is liable for liquidated damages and such identified sums have not been withheld by OGS, Contractor shall pay such liquidated damages to OGS within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.