Penalty Clauses Sample Clauses
A penalty clause is a contractual provision that imposes a specified sum or consequence on a party if they breach certain terms of the agreement. Typically, this clause sets out a predetermined amount that must be paid if, for example, a party fails to deliver goods on time or does not meet agreed performance standards. The main purpose of a penalty clause is to deter breaches and provide a clear, upfront consequence for non-compliance, thereby encouraging parties to fulfill their obligations and reducing the need for lengthy disputes over damages.
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Penalty Clauses. The penalties imposed for violation of service agreement clauses shall be notified by IIMC as per the terms indicated. The SERVICE PROVIDER shall be given 5 business working days to respond to the levying of penalties and submit representations if any. The representations shall be suitably considered by IIMC and decision taken shall be final and binding. The penalties imposed shall be deductible from payments due to service provider and/or from the Security Deposit. In the event the payments due to the SERVICE PROVIDER and the security deposit available with IIMC falls short of the total penalty recoverable from the SERVICE PROVIDER whether on account of the quantum of loss caused by the workmen of the SERVICE PROVIDER or otherwise, the SERVICE PROVIDER shall, on first written demand by IIMC pay to IIMC without demur or dispute the said sum as per IIMC’s demand notwithstanding the pendency of any investigation/inquiry/legal proceedings whatsoever before any Court/ Tribunal/Authority etc. The amount of loss determined by IIMC shall be final and binding on the SERVICE PROVIDER.
Penalty Clauses. Maha-Metro can impose the fine on Licensee up to Rs.5,000/- per offence on the following offenses: -
a. Any staff of Licensee found in drunken condition/indulging in bad conduct.
b. Any staff of the Licensee found creating nuisance.
c. Improper maintenance & defacement of the Metro Property.
d. Dishonour of Cheques and Drafts submitted by Licensee to Maha-Metro. Cheques will be accepted only in emergency conditions & with the approval of Maha-Metro by official not below the rank of Additional General Manager.
e. Misbehaviour with staff and commuters of Maha-Metro.
f. Not following safety and security norms as may be indicated by authorized representative of Maha-Metro.
g. Utilizing advertisements at locations other than that approved by Maha-Metro.
h. Non-submission of monthly statement of advertisement area at respective metro station.
i. Vacant panels i.e. without mounted display/advertisement/filler/display of Maha-Metro at any time after completion of fitment period.
j. infringe into the Maha-Metro premises
Penalty Clauses. Further, DMRC can impose the fine on Licensee up to Rs.5,000/- per offence per instance on the following offenses: -
a) Any staff conduct. of Licensee found in drunken condition/indulging in bad
b) Any staff of the Licensee found creating nuisance.
c) Improper maintenance & defacement of the Metro Property.
d) Dishonor of Cheques and Drafts submitted by Licensee to DMRC. Cheques will be accepted only in emergent conditions & with the approval of DMRC by official not below the rank of HOD.
e) Misbehavior with staff and commuters of DMRC.
f) Not following safety and security norms as may be indicated by authorized representative of DMRC.
a) The option to impose fine, penalty, etc. under this License Agreement shall be exercised by DMRC official not below the rank of Deputy HOD of Property Business Department.
Penalty Clauses. Should the Seller fail to observe the time limit laid down for the delivery of the Goods according to paragraph III(1) of this Contract, it is under obligation to pay the Buyer a contractual penalty of 0.1 % of the total purchase price not including VAT for each commenced day of delay. Should the Seller fail to observe the time limits laid down for commencement of the removal of a defect according to paragraph VI(3) of this Contract, it is under obligation to pay the Buyer a contractual penalty of CZK 500,- for each defect and each commenced day of delay. Should the Seller fail to observe the time limits laid down for commencement of the removal of a defect according to paragraph VI(4) of this Contract, it is under obligation to pay the Buyer a contractual penalty of CZK 1.000,- for each defect and each commenced day of delay. Should the Seller fail to observe the time limit laid down for the delivery of new Goods according to subparagraph VI(6)(a) of this Contract, the time limit for coverage of the costs of removing a defect according to paragraph VI(5) of this Contract, or the time limit for payment of an amount corresponding to a discount on the purchase price according to paragraph VI(7) of this Contract, it is under obligation to pay the Buyer a contractual penalty of CZK 1.000,- for each identified case and each commenced day of delay. Where the Buyer is in delay with payment of the purchase price, the Buyer undertakes to pay the Seller interest on late payment on the unpaid portion of the purchase price including VAT in an amount arising from generally-binding legal regulations. The obliged Contracting Party pays a contractual penalty into the account of the entitled Contracting Party, as specified in the header to this Contract, on the basis of notice of imposing a contractual penalty issued by the entitled Contracting Party and delivered to the obliged Contracting Party. Such notice shall contain a description of and the time designation of the incident which establishes the right to payment of a contractual penalty in accordance with the Contract. The obliged Party must make a statement on the billing of a penalty within a maximum of 10 days after receiving this; otherwise it is deemed that the obliged Party agrees with such billing. A statement in this case is understood to be the written opinion of the obliged Party. Where the obliged Party does not agree with the billing of a penalty, it is under obligation to inform the entitled Party of the...
Penalty Clauses. 23.1. In the event that Auction Winner fails to fulfill its obligations in accordance with the provisions of the Specifications, the Contract, their annexes and relevant legislation or does not complete the Work on time, the penalties determined in the Regulation, Specifications and the Contract shall be applied.
23.2. The imposition of any penal clause stipulated in the Specifications, Contract and Regulation on the Auction Winner shall not be dependent on the Contracting Authority’s suffering of any damage.
23.3. Any fine to be collected from Auction Winner shall paid by Auction Winner, in cash and all at once, to the bank account to be notified by the Contracting Authority within 15 (fifteen) days following the written notice to be served by the Contracting Authority after the fine accrues.
23.4. The penalties stipulated in this article may be claimed both along with the performance of Contract and even after there remains no possibility to perform the Contract, depending on the preference of the Contracting Authority.
23.5. The Contracting Authority’s claim of a penalty clause is reserved by the provisions of this article, without any further need for a separate notification or reservation.
23.6. Without prejudice to the extensions of time granted within the scope of REZ Project Documents, in addition to the penalty clauses stipulated in the Regulation and Specifications, the Auction Winner shall be obliged to pay the following penalties to the Contracting Authority in the following cases:
1) In case the Domestic Good Certificates for Components, documents evidencing that the Components satisfy the domestic content rate requirements, which will be required by the Directorate General, procurement plan, procurement contracts, and Work program, which are required to be submitted under the Contract (excluding those that may be covered by Intellectual Property Rights and Confidentiality provisions) are not submitted to the Contracting Authority within the required timeframe; 1,000 (one thousand) USD for each day during the first 30 (thirty) days, and 2,000 (two thousand) USD for each day after 30 (thirty) days,
2) In case the installation of SPP is not completed within the construction period specified in the Specifications, 10,000 (ten thousand) USD for each day of delay,
3) In case the deficient amount of guarantee is not completed in accordance with Article 21.2, 2,000 (two thousand) USD for each day of delay.
Penalty Clauses. It is possible that a Luxembourg court (if having jurisdiction) would consider for instance Section 9.03 (c) of the Credit Agreement whereby the Company may be obliged to pay additional interest on the related Euro-Dollar loan at a rate per annum determined by the relevant Lender as a penalty clause (clause pénale). Penalty clauses (clauses pénales), and similar clauses on damages or liquidated damages, as governed by article 1152 and articles 1226 et seq. of the Luxembourg civil code are allowed to the extent that they provide for a reasonable level of damages. The Luxembourg judge (if competent) has however the right to reduce (or increase) the amount thereof if it is unreasonably high (or low). The provisions of article 1152 and articles 1226 et seq. of the Luxembourg civil code are generally considered to be a point of public policy under Luxembourg law. It is possible that a Luxembourg court would consider them to be a point of international public policy that would set aside the relevant foreign governing law.
Penalty Clauses. 4.1 XGT assumes no liability arising from penalty or liquidated damage clauses of any kind, written or implied, unless approved in writing by XGT's duly authorized representative.
Penalty Clauses. The Agreement does not contain penalty clauses for the violation of commitments undertaken through the Agreement.
Penalty Clauses i. Black listing from all Departmental tenders (called by the CMS or others) of the Tenderer, the Principals of the firm(s) and the In case of supply of the sub-standard items found in the quality test as per quality assurance norms, the detective batch / batches determined by the appropriate authority will be returned to the tenderers for replacement. The payment of the defective batches will not be made to the supplier till replacement or if paid in the meantime, is to be deducted from the pending bills of the tenderer or from performance bank guarantee.
ii. In case of supply of defective item found in respect of packaging or lebelling, tenderer will also be asked to replace the same. In addition to rejection of the supply, the Dy Director of Health Services (E&S) W.B and the heads of direct demanding units will have the right to cancel the supply order wholly or in part, to forfeit security deposit and to recover the loss, if any, of the Govt. by making deductions from any pending claim of the supplier/ Security Deposit or Performance Bank Guarantee, as may be deemed fit. Such Penalty for supply of surgical items falling within the meaning of adulterated/ spurious/ misbranded under Section 17 (A), 17 (B) and 17 (C) of the Drugs and Cosmetic Act will be in addition to action which may be taken by police, Drugs Control Authority or by tendering authority of the State Govt or the Govt of India or by any appropriate authority /institute and /or individual under the law of the land.
Penalty Clauses. Maha-Metro can impose the fine on Licensee up to Rs.5,000/- per offence on the following offenses: -
(i.) Any staff of Licensee found in drunken condition/indulging in bad conduct. (ii.) Any staff of the Licensee found creating nuisance. (iii.) Defacement of the Metro Property. (iv.) Dishonour of Cheques and Drafts submitted by Licensee to Maha-Metro. Cheques will be accepted only in emergency conditions & with the approval of Maha-Metro by official not below the rank of Additional General Manager.