LIQUIDATED DAMAGES IN THE CASE OF DELAY Clause Samples

The "Liquidated Damages in the Case of Delay" clause establishes a predetermined amount of compensation that one party must pay to the other if a project or contractual obligation is not completed on time. Typically, this clause specifies a fixed sum or a daily rate that accrues for each day the delay continues, providing a clear financial consequence for late performance. Its core practical function is to incentivize timely completion and to simplify the process of recovering damages by avoiding the need to prove actual losses caused by the delay.
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LIQUIDATED DAMAGES IN THE CASE OF DELAY. ‌ If the agreed date of delivery (delivery date) or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4 is not complied with, and this is not caused by force majeure or circumstances on the part of the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the total consideration payable for the deliverables (the contract price), excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered.
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LIQUIDATED DAMAGES IN THE CASE OF DELAY. If the agreed delivery date or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 3, is not complied with, and this is not caused by force majeure or circumstances related to the Customer, there is a delay on the part of the Consultant that triggers liquidated damages. If the Consultant prior to the agreed date of delivery is delayed with regard to milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Consultant, through acceleration, manages to achieve a subsequent milestone at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the total consideration payable for the deliverables (the contract price), excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 5. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Consultant or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Consultant may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered.
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LIQUIDATED DAMAGES IN THE CASE OF DELAY. If the agreed commencement date or delivery date or other deadline in respect of which the parties have stipulated liquidated damages in Appendix 4, is not complied with, and this is not caused by force majeure or circumstances related to the Customer, there is a delay on the part of the Contractor that triggers liquidated damages. If the Contractor is delayed with regard to commencement date or later milestones for which the parties have stipulated liquidated damages, later deadlines shall be extended corresponding to the number of calendar days of the liquidated damages. If the Contractor, through acceleration, manages to meet the milestone commencement date at the originally agreed time, the previously accrued liquidated damages shall be cancelled. The liquidated damages shall accumulate automatically. The liquidated damages amount to 0.15 per cent of the contract price for the establishment phase, excluding Value Added Tax, for each calendar day of delay, but albeit limited to a maximum of one hundred (100) calendar days. If the delay pertains to a partial delivery, the liquidated damages shall amount to 0.15 per cent of the total consideration (exclusive of Value Added Tax) for the partial delivery in question for each calendar day the delay lasts, but limited to a maximum of one hundred (100) calendar days. If no price has been quoted for the partial delivery in Appendix 7, the liquidated damages shall be calculated based on the partial delivery's relative share of the consideration for the total delivery. Other rates for liquidated damages, a different calculation basis and other periods for liquidated damages may be agreed in Appendix 4. Unless otherwise is explicitly stated in Appendix 4, total liquidated damages shall not exceed 15 per cent of the contract price. The Customer shall not have the right to terminate the Agreement for breach for as long as the liquidated damages continue to accumulate. However, this time restriction shall not apply in the case of wilful misconduct or gross negligence on the part of the Contractor or anyone for whom it is responsible. If only parts of the agreed deliverables are delayed, the Contractor may request a reduction in the liquidated damages proportional to the ability of the Customer to utilise the part of the deliverables that has been delivered.
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LIQUIDATED DAMAGES IN THE CASE OF DELAY. If, in accordance with section 8.2, delayed delivery has been established, or the item has a defect, cf. section 8.1, which means that the item cannot be used according to its purpose and this is not rectified before the delivery deadline expires, the Supplier will incur a daily fine. The daily fine starts running automatically. However, this does not apply to the extent that the supplier proves that the delay, or defect, is due to an obstacle beyond his control which he could not reasonably be expected to have taken into account when concluding the contract or to have avoided or overcome the effects of. The daily fine is 0.15% calculated on the agreed price excluding VAT. which is related to the part of the delivery that due to the delay / defect can not be used as intended, minimum NOK 1,000, - pr. working day until the right delivery takes place. The daily penalty period is limited to 100 (hundred) working days. The Supplier's total daily liability is limited to 15% of the total contract amount. The limitation of liability does not apply if the delay is due to intent or gross negligence on the part of the supplier or someone for whom the supplier is responsible. Other daily fine rates, other calculation basis and other term for the daily fine can be agreed between the parties. Payment of daily fines shall not prevent the client from also claiming compensation to cover losses that turn out to be greater than what is covered by the daily fines. Paid daily fines shall be deducted in the event of any compensation to the extent that it applies to the same circumstances.
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Related to LIQUIDATED DAMAGES IN THE CASE OF DELAY

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

  • 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.

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

  • Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇▇▇.▇▇.▇▇.

  • CONTRACT TIME AND LIQUIDATED DAMAGES (7-1-95) (Rev. 12-18-07) 108 SP1 G10 A The date of availability for this contract is October 29, 2018. The completion date for this contract is November 15, 2019. Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds. The liquidated damages for this contract are Two Thousand Dollars ($ 2,000.00) per calendar day.