LIQUIDATED DAMAGES RELATED TO AMENDMENTS FOR CONSTRUCTION PHASE SERVICES Sample Clauses

The "Liquidated Damages Related to Amendments for Construction Phase Services" clause establishes a predetermined amount of monetary compensation that one party must pay if specific obligations related to amendments during the construction phase are not met. Typically, this clause applies when changes or modifications to the original construction agreement are made, and it sets out the damages payable if these amendments result in delays or failures to perform as agreed. By specifying the damages in advance, the clause provides certainty for both parties, streamlines dispute resolution, and incentivizes timely and proper performance of amended construction services.
LIQUIDATED DAMAGES RELATED TO AMENDMENTS FOR CONSTRUCTION PHASE SERVICES. The CM/GC acknowledges that the Owner will sustain loss of use damages as a result of the CM/GC’s failure to complete the Work by the Interim and Contract Completion Dates in accordance with the Contract Documents. The liquidated damages for loss of use cover only loss of revenue and cost of replacement facilities. The liquidated damages for loss of use do not cover (and the Owner does not waive) delay damages incurred by the Owner for extended overhead or management costs, extra or extended financing costs, extra or extended services by the Engineer of Record or other design professionals, claims by other contractors, and possibly other types of costs, expenses and damages incurred by the Owner. The CM/GC and the Owner acknowledge that the actual amount of the Owner’s loss of use damages would be difficult to determine accurately and agree that the liquated damages figure(s) established represent a reasonable estimate of such damages and is not a penalty. The CM/GC agrees to pay to the Owner the liquidated damage sums established for each Calendar Day of delay or any fraction thereof and further agrees that the Owner may deduct such sums from payments the Owner otherwise owes to the CM/GC. If such deduction does not result in payment to the Owner of the assessed liquidated damages in full, the CM/GC shall promptly pay any and all remaining sums due to the Owner upon demand. The daily amount of liquidated damages applicable to the Owner established Contract Completion Date defined in Article 6.2 is: • Liquidated damages for failure to complete all Work by the Contract Completion Date specified in Article 6.2 shall equal (to be determined by the Owner and CM/GC during the GMP Amendment) per Calendar Day. • Liquidated damages that would apply to an Early Work Package will be negotiated based upon the scope of Work and schedule for completion of Work.
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Related to LIQUIDATED DAMAGES RELATED TO AMENDMENTS FOR CONSTRUCTION PHASE SERVICES

  • PRE-CONSTRUCTION PHASE SERVICES The Pre-Construction Phase shall be deemed to commence upon the date specified in a written Notice to Proceed with Pre-Construction Phase Services issued by Owner and shall continue through completion of the Construction Documents and procurement of all major Subcontractor agreements. Contractor is not entitled to reimbursement for any costs incurred for Pre-Construction Phase Services performed before issuance of the written Notice to Proceed. Pre- Construction Phase Services may overlap Construction Phase Services. Contractor shall perform the following Pre-Construction Phase Services:

  • Notifications of Outages and Maintenance In the event that a Registry Operator plans maintenance, it will provide notice to the ICANN emergency operations department, at least, twenty-­‐four (24) hours ahead of that maintenance. ICANN’s emergency operations department will note planned maintenance times, and suspend Emergency Escalation services for the monitored services during the expected maintenance outage period. If Registry Operator declares an outage, as per its contractual obligations with ICANN, on services under a service level agreement and performance requirements, it will notify the ICANN emergency operations department. During that declared outage, ICANN’s emergency operations department will note and suspend emergency escalation services for the monitored services involved.

  • PRE-CONSTRUCTION PHASE FEE The Pre-Construction Phase Fee is the total compensation payable to Contractor for the performance of Pre-Construction Phase Services, except for Additional Pre-Construction Phase Services approved in advance and in writing by Owner. The Pre-Construction Phase Fee shall be a lump sum amount based on the AACC established in this Agreement. 6.1 Except as specifically allowed by Owner, Contractor shall not be entitled to any increase in the Pre-Construction Phase Fee for any costs, expenses, liabilities or other obligations arising from the performance of Pre-Construction Phase Services. 6.2 Costs associated with the following items are specifically, but not exclusively, included in the establishment of the Pre-Construction Phase Fee: profit and profit sharing; general overhead; salaries and labor; housing and relocation; estimating, scheduling and information management systems and software; contract administration; office expenses; printing and copying; consulting fees; legal or accounting fees; cost of money; taxes; insurance premiums and deductibles; bond costs; purchase or rental of equipment; utilities; travel; per diem; fines or penalties; and damage awards. 6.3 If the scope of the Pre-Construction Phase Services is changed materially, the Pre- Construction Phase Fee shall be equitably adjusted. If the AACC is changed materially before acceptance of the GMP Proposal, the Pre-Construction Phase Fee shall be adjusted in writing in proportion to the change in the AACC. There shall be no adjustments in the Pre-Construction Phase Fee following acceptance of the GMP Proposal. 6.4 For Additional Pre-Construction Phase Services that are approved in advance and in writing by Owner, Contractor shall be entitled to additional compensation computed as follows: 6.4.1 A pre-established lump sum amount; or 6.4.2 The hourly cost of Contractor’s employees or consultants who actually perform the Additional Services based on the employee’s Worker Wage Rate or prorated Monthly Rate plus the actual cost of allowable expenses incurred in the performance of the Additional Pre-Construction Phase Services, plus an overhead and profit markup of ten percent (10%) of the total cost; or 6.4.3 As otherwise agreed in advance and in writing.

  • Express Waiver: I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.

  • Amendment to Exhibit A to Services Agreement Solely with respect to Accounts that are not investment companies registered under the 1940 Act, the section of Exhibit A to the Services Agreement entitled “Administration and Risk Management” shall be, and hereby is, deleted in its entirety and replaced with the following: