General Conditions of Contract

27. Liquidated damages

27.1   

Without prejudice to any other remedies available to the Council whether under Contract or otherwise and subject to the provisions of the Specification(s), if there is a breach of the Contract by the Contractor (whether as to time, performance, service levels or otherwise) that in the reasonable view of the Council is capable of remedy, the Council shall be entitled to serve a Default Notice upon the Contractor in accordance with the provisions of the Specification. Payment of the liquidated damages due in respect of any such Notice served on the Contractor shall be in settlement of the Contractor's liability for any loss or damage incurred by the Council arising as a direct result of said breach up to the end of the period in which liquidated damages are payable under this Clause.

27.2   

If the Contractor fails to rectify the default within the period specified in the Default Notice, the Council shall be entitled to claim any remedy available to it for loss or damage incurred by it after the end of that period.

27.3   

No payment or concession to the Contractor by the Council or other act or omission of the Council shall in any way affect the rights of the Council to recover the said liquidated damages or be deemed to be a waiver of the right of the Council to recover any such damages unless such waiver has been expressly made in writing by the Council.

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Procurement

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