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2 Phase II – For FY 2018 LCDBG Public Facilities Program OCD will make determinations regarding the past performance threshold criteria beginning on page 5 as of July 14, 2017.
All applicants that meet the past performance threshold criteria as of July 14, 2017 and receive a project severity score that is in the top sixty percent of all applicants’ project severity scores that meet the past performance threshold criteria as of July 14, 2017 will be invited to submit a full application to the Public Facilities program.
Use liquidated damages clauses only when— (1) The time of delivery or timely performance is so important that the Government may reasonably expect to suffer damage if the delivery or performance is delinquent; and (2) The extent or amount of such damage would be difficult or impossible to estimate accurately or prove.
(b) Liquidated damages are not punitive and are not negative performance incentives (see 16.402-2).
The amount of the payment shall be ascertained according to the instructions on the attachment entitled Incentive Payment Computation which is made a part hereof.
Charles, Missouri, an Ohio non-profit corporation, Appellees. 16 to National Church and Mackey concerning the installation of 120 "grab bars" for Project bathtubs that were not reflected in the original specifications. 16 was a letter from Mc Carthy to Mackey pertaining to the grab bar work, which advised Mackey that "[t]ime is of the essence, inasmuch as we are nearing final acceptance of this project and estimated completion of the work outlined by this Proposal is six weeks from the date of the Change Order approval." The line item of Change Order No.
Damages that are sufficiently uncertain may be referred to as unliquidated damages, and may be so categorized because they are not mathematically calculable or are subject to a contingency which makes the amount of damages uncertain.
For example, suppose Neal Townsend agrees to lease a store-front to Richard Odness, from which Richard intends to sell jewelry.
One reason for this is that the enforcement of the term would, in effect, require an equitable order of specific performance.
However, courts sitting in equity will seek to achieve a fair result and will not enforce a term that will lead to the unjust enrichment of the enforcing party.