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Three types of damages clauses that are commonly used in construction contracts are the Liquidated Damages Clause, Mutual Waiver of Consequential Damages Clause, and the No Damages for Delay Clause.
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach (e.g., late performance).
Consequential damages repay losses that follow naturally but not necessarily from the breach and, thus, are recoverable only if the breaching party had notice or could have foreseen at the time the contract was made that the other party would suffer that loss if the contract was not performed ing to its terms.
Consider a typical clause in which the parties stipulate to damages in the event of delayed delivery: ?If Seller breaches its obligation to deliver goods in ance with the schedule provided for in this contract, Buyer shall have the option to recover $x per day for each day of delay as liquidated damages.?
(c) The Liquidated Damages shall be paid to each Holder in cash within ten (10)Business Days following the last day of 30-day period that the Holders are entitled to such Liquidated Damages. Any payments made pursuant to this Section2. 02 shall constitute the Holders' exclusive remedy for such events.