Allocation of Damages Among Users. The aggregate amount of accrued liquidated damages under Section 16.3 above shall be allocated among Users as directed by Cxxxxxxx and credited against the next succeeding monthly billing to such Users for Services or, in the event Customer terminates this Agreement as a result of any such failure, shall be allocated and credited in the same manner, with the balance, if any, remaining after applying said amounts against any final bxxxxxxx to be paid to such Users by Contractor. Liquidated damages shall be considered as compensation for direct damages for the delay suffered by the Users other than those specified in Section 19.1(g) and Contractor shall remain liable for any of the direct damages specified in Section 19.1(g). [Amended]
Appears in 2 contracts
Samples: Contractor Services Agreement (Neustar Inc), Contractor Services Agreement (Neustar Inc)
Allocation of Damages Among Users. The aggregate amount of accrued liquidated damages under Section 16.3 above shall be allocated among Users as directed by Cxxxxxxx Xxxxxxxx and credited against the next succeeding monthly billing to such Users for Services or, in the event Customer terminates this Agreement as a result of any such failure, shall be allocated and credited in the same manner, with the balance, if any, remaining after applying said amounts against any final bxxxxxxx xxxxxxxx to be paid to such Users by Contractor. Liquidated damages shall be considered as compensation for direct damages for the delay suffered by the Users other than those specified in Section 19.1(g) and Contractor shall remain liable for any of the direct damages specified in Section 19.1(g). [Amended]
Appears in 2 contracts
Samples: Contractor Services Agreement (Neustar Inc), Contractor Services Agreement (Neustar Inc)
Allocation of Damages Among Users. The aggregate amount of accrued liquidated damages under Section Sections 16.2 and 16.3 above shall be allocated among Users as directed by Cxxxxxxx Customer and credited against the next succeeding monthly billing to such Users for Services Service or, in the event Customer terminates this Agreement as a result of any such failure, shall be allocated and credited in the same manner, with the balance, if any, remaining after applying said amounts against any final bxxxxxxx xxxxxxxx to be paid to such Users by Contractor. Liquidated damages pursuant to Section 16.2 shall be considered as compensation for direct damages for the delay suffered by the Users other than those specified in Section 19.1(g) and Contractor shall remain liable for any of the direct damages specified in Section 19.1(g). [Amended].
Appears in 2 contracts
Samples: Agreement for Number Portability Administration Center/Service Management System (Neustar Inc), Confidential Treatment Agreement (Neustar Inc)
Allocation of Damages Among Users. The aggregate amount of accrued liquidated damages under Section 16.3 above shall be allocated among Users as directed by Cxxxxxxx Customer and credited against the next succeeding monthly billing to such Users for Services or, in the event Customer terminates this Agreement as a result of any such failure, shall be allocated and credited in the same manner, with the balance, if any, remaining after applying said amounts against any final bxxxxxxx xxxxxxxx to be paid to such Users by Contractor. Liquidated damages shall be considered as compensation for direct damages for the delay suffered by the Users other than those specified in Section 19.1(g) and Contractor shall remain liable for any of the direct damages specified in Section 19.1(g). [Amended]
Appears in 1 contract
Samples: Agreement for Number Portability Administration Center/Service Management System (Neustar Inc)