Agreed Remedies. Except as specifically provided in this Article, there shall be no reduction of rent and Landlord shall have no liability to Tenant by reason of any injury to or interference with Tenant's business or property arising from fire or other casualty, howsoever caused, or from the making of any repairs resulting therefrom in or to any portion of the Project or the Premises. Tenant waives any statutory or other rights of termination by reason of fire or other casualty, it being the intention of the parties to provide specifically and exclusively in this Article for the rights of the parties with respect to termination of this Lease as a result of a casualty.
Agreed Remedies. In the event the Employee violates any of the terms and provisions set forth above in Paragraph Six and continues to violate any such provisions after the Company has notified him to cease and desist from such violations, the Employee understands and expressly agrees that the Company may, at its sole option, elect to enforce any or all of the following remedies:
(A) The Employee consents to the entry of an injunction without contest if sought by the Company to restrain Employee from any further such violations;
(B) If the Employee violates the provisions of Paragraph Six, the Employee agrees to pay the Company, as liquidated damages, an amount equal to 100% of the revenues Employee receives from using the Information.
Agreed Remedies. A. IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ENGINEER'S SERVICES UNDER THIS AGREEMENT SHALL NOT SUBJECT ENGINEER'S INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANY PERSONAL LEGAL EXPOSURE FOR CLAIMS AND RISKS ASSOCIATED WITH THE SERVICES THAT ARE EITHER PERFORMED OR PERFORMABLE UNDER THIS AGREEMENT. FOR PROJECTS/SERVICES PERFORMED IN FLORIDA OR PURSUANT TO FLORIDA LAW, FLORIDA STATUTE 558.0035 STATES THAT, AN
B. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO BOTH THE CLIENT AND THE ENGINEER, AND ACKNOWLEDGING THAT THE ALLOCATION OF RISKS AND LIMITATIONS OF REMEDIES ARE BUSINESS UNDERSTANDINGS BETWEEN THE PARTIES AND THESE RISKS AND REMEDIES SHALL APPLY TO ALL POSSIBLE LEGAL THEORIES OF RECOVERY. CLIENT FURTHER AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR ANY REFERENCE TO INSURANCE OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE, OF THE ENGINEER AND ENGINEER'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY, THROUGH OR UNDER THE CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATED TO, THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSE OR CAUSES OF THE ENGINEER OR THE ENGINEER'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED THE ENGINEER'S FEE RECEIVED FOR THE SERVICES PERFORMED UNDER THIS AGREEMENT OR $50,000, WHICHEVER IS GREATER. INCREASED LIMITS MAY BE NEGOTIATED FOR ADDITIONAL FEE.
C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ENGINEER SHALL HAVE NO LIABILITY TO THE CLIENT FOR CONTINGENT, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, REVENUE OR PROFIT; OPERATING COSTS AND FACILITY DOWNTIME; OR OTHER SIMILAR BUSINESS INTERRUPTION LOSSES, HOWEVER, THE SAME MAY BE CAUSED.
D. CLIENT MAY NOT ASSERT ANY CLAIM AGAINST ENGINEER AFTER THE SHORTER OF (1) 3 YEARS FROM SUBSTANTIAL COMPLETION OF SERVICES GIVING RISE TO THE CLAIM, OR (2) THE STATUTE OF LIMITATION PROVIDED BY LAW.
Agreed Remedies. ARTICLE 10 CONDEMNATION 10.1 Automatic Termination 10.2 Optional Termination 10.3 Award
Agreed Remedies. 8 ARTICLE 10 CONDEMNATION ................................................... 8
Agreed Remedies. Non-economic and Non-compensatory Damages – Border Between Tort and Contract Damages
Agreed Remedies. A. IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ENGINEER'S SERVICES UNDER THIS AGREEMENT SHALL NOT SUBJECT ENGINEER'S INDIVIDUAL EMPLOYEES, OFFICERS OR DIRECTORS TO ANY PERSONAL LEGAL EXPOSURE FOR CLAIMS AND RISKS ASSOCIATED WITH THE SERVICES PERFORMED OR PERFORMABLE UNDER THIS AGREEMENT. FOR PROJECTS/SERVICES PERFORMED IN FLORIDA OR PURSUANT TO FLORIDA LAW, FLORIDA STATUTE 558.0035 STATES THAT, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Agreed Remedies. It is the intent of the parties to this Agreement that Engineer's services under this Agreement shall not subject Engineer's individual employees, officers or directors to any personal legal exposure for claims and risks associated with the services performed or performable under this Agreement.
Agreed Remedies. 34.1. Remedies for delay in commencing the provision of services
34.2. Agreed compensation due to delay in evacuation and delivery of the service locations
34.2.1. It is hereby agreed that for each day of delay in evacuating any of the service locations that are sale areas, all or some (including statutory holidays, Shabbat and / or holidays), at any time and for any reason that is not an explicit written instruction given by the Authority, the operator shall pay the Authority, as a set compensation agreed and evaluated in advance, an amount that equals three times the combined license fees for which the operator was debited during the contract year prior to the date stipulated for evacuation of the service locations, divided by 364 (plus duly AT), for each day of the period commencing on the date the operator was due to evacuate the sale areas fully up to the actual date of evacuation according to the contract. In the event the operator is required to evacuate any of the sale areas before a period of 12 months has passed from the date of commencement of the provision of services, the aforesaid agreed compensation shall be calculated for a period of 12 months, as the total amount of combined license fees payments that the operator was debited until the date he was requested to clear the service area, divided by the number of months providing actual services, multiplied by 12 months, and divided by 364 (plus VAT), and this for each day of the period commencing on the date that the operator was to clear the sale areas in full and up to the date of actual evacuation in accordance to the contract.
34.2.2. For each day of delay in evacuation of any of the service locations that are rear areas, all or some, (including statutory holidays, Shabbat and / or holidays), at any time and for any reason that is not an explicit written instruction given by the Authority, the operator shall pay the Authority, as a set compensation agreed and evaluated in advance, an amount that equals three times the usage fees that the operator is obligated to pay according to the contract for all the rear areas assigned to him under the contract (according to the updated annual rate at that time plus VAT), and all divided by 364, for each day of the period commencing on the date the operator was due to clear the rear areas in full up to the actual date of evacuation according to the contract.
34.3. Agreed compensation due to violation of the provisions of the Security Annex and the Serv...
Agreed Remedies. In the event the Consultant violates any of the terms and provisions set forth above in Paragraph Five and continues to violate any such provisions after the Client has notified it to cease and desist from such violations, the Consultant understands and expressly agrees that the Client may, at its sole option, elect to enforce any or all of the following remedies: (A) The Consultant consents to the entry of an injunction without contest if sought by the Client to restrain Consultant form any further such violations; (
B) If the Consultant violates the provisions of Paragraph Five, the Consultant agrees to pay the Client, as liquidated damages, an amount equal to 100% of the revenues Consultant receives from using the information.
