Table 108-1 Stipulated Damages Original Contract Amount Daily Charge (A) Million Dollars Dollars 0 - 1 >1 - 5 >5 -10 >10 - 15 >15 - 20 > 20 $ 500 1,000 2,000 4,000 8,000 10,000
Traffic Volume Daily Charge (B) ADT x 1000 Dollars 0 -10 >10 - 20 >20 - 30 >30 - 40 >40 - 50 >50 $ 500 1,000 2,000 4,000 8,000 10,000
The contractor will automatically be subject to an assessment of stipulated damages by the expiration of contract time on the project. At any time stipulated damages are assessed, such damages shall be assessed continuously until the cause of such assessment ends, regardless of intervening circumstances. The amount of assessed stipulated damages will be deducted from payments for the work under the contract or from any payments on any other contract the contractor has with the Department. The contractor hereby waives any requirement of written notice of default prior to any deduction for stipulated damages from any payments. The contractor and the surety shall be solidarily liable for stipulated damages in excess of any remaining amounts due the contracto r under the contract.
108.09DEFAULT OF CONTRACT. The contractor shall be in default ,
if the contractor:
the United States under Chapters 7 or 13 of the Bankruptcy Code naming the contractor as debtor or conversion of a proceeding or petition from Chapter 11 to Chapter 7 or 13 of the Bankruptcy Code or seeks a forced respite under the laws of this State or similar debtor protection by courts of other states,
calendar days,
part of the performance of the contract, other than by subletting pursuant to
108.01, wi thout written approval and consent in advance of the Department,
and the surety in the case of an assignment of the entire contract,
more creditors without prior written approval and conse nt of the Department; any such purported assignment will not be honored without evidence of compliance with this subparagraph,
Proceed” or end of the Assembly Period,
assure prompt completion of the work,
materials, or replace or repair rejected work,
days after notice to do so,
necessary to accomplish the work;