Sole Remedy for delay Clause Samples

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Sole Remedy for delay. Payment of the Delay Liquidated Damages shall be the Owner’s sole and exclusive remedy for Contractor’s failure to achieve Completion on or before the Completion Date; provided, however, that Delay Liquidated Damages are intended only to cover damages suffered by Owner as a result of delay and shall not be deemed to cover the cost of completion of the work or any other obligation or remedy specifically set forth in the Agreement, and Owner shall be entitled to rely on its other remedies under this Agreement for such defaults.
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Sole Remedy for delay. (a) Except if the State elects to terminate this Agreement as a result of an Immediate Termination Event, the State’s sole financial remedy, and Project Co’s sole financial liability, for failure to achieve Commercial Acceptance by the Date for Commercial Acceptance is limited to: (i) the liquidated damages required to be paid by Project Co under Clause 21A.4; and (ii) the amount of the Monthly Service Payment and State Loan Payment not required to be paid by the State in those circumstances (Relevant Amounts), and Project Co’s liability in those circumstances is fully and finally satisfied by the State receiving from Project Co the liquidated damages required to be paid by Project Co under Clause 21A.4 and by the State not paying the Relevant Amounts. (b) Clause 4.7(a) does not affect the State’s rights under this Agreement (including any indemnity to which it is entitled) in respect of: (i) giving a Default Notice and otherwise exercising its rights under Clause 43 in respect of the delay; and (ii) any matter other than a delay to Commercial Acceptance, including any matter that occurs during the period of the delay.
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Sole Remedy for delay. 13.5.1 A breach of Clause 13.1.1 or 13.1.2 shall not of itself be capable of giving rise to a Contractor Default under limb (a) of that definition and the Authority’s remedy for the Contractor not achieving the Readiness Date by the Planned Readiness Date, the Services Commencement Date by the Planned Services Commencement Date is limited to: (a) the operation of Schedule 4 (Payment Mechanism) (or, as applicable, any delay in its operation becoming effective because Services Commencement has not been achieved); and/or (b) termination under Clause 67 (Termination for Contractor Default) pursuant only to limbs (l) or (m) of the definition of Contractor Default); and/or, (c) where applicable, Clause 69 (Termination on Force Majeure); and/or (d) the indemnity set out in Clause 20 (Delays).
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Sole Remedy for delay. 13.5.1 A breach of Clause 13.1.1 or 13.1.2 shall not of itself be capable of giving rise to a Contractor Default under limb (a) of that definition and the Authority’s remedy for the Contractor not achieving the Readiness Date by the Planned Readiness Date, the Services Commencement Date by the Planned Services Commencement Date is limited to: (a) the operation of Schedule 4 (Payment Mechanism) (or, as applicable, any delay in its operation becoming effective because Service Commencement has not been achieved); and/or
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Related to Sole Remedy for delay

  • Sole Remedy After the Closing, no Party shall have liability under this Agreement or the transactions contemplated hereby except as is provided in this Article VIII (other than claims or causes of action arising from fraud, and other than claims for specific performance or claims arising under any Transaction Documents (which claims shall be subject to the liability provisions of such Transaction Documents)).

  • Sole Remedies THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY ------------- AND ALL WARRANTIES AND THE SOLE REMEDIES FOR THE COMPANY'S LIABILITY IF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE PRODUCTS AND SERVICES COVERED BY THIS AGREEMENT AND ALL OTHER PERFORMANCE BY THE COMPANY UNDER OR PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO THE REMEDIES PROVIDED IN SECTION 5 HEREOF.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

  • Termination Not Sole Remedy Termination is not the sole remedy under this Agreement and, whether or not termination is effected and notwithstanding anything contained in this Agreement to the contrary, all other remedies shall remain available except as agreed to otherwise herein.

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.