Award of Damages. (i) In the event that an award of damages is received by a Party or a designee of a Party as a result of a judgment, settlement or arbitration (including payment pursuant to a guaranty of Aurora by any other Person) of a legal dispute that occurs either on or after the execution of the Residential Servicing Business Asset Purchase Agreement in connection with the enforcement of the Residential Servicing Business Asset Purchase Agreement in the event of a breach by Aurora of any representations and warranties or covenants where such breach had an adverse impact on the value of the Total Servicing Spread, the Current Excess Servicing Spread Percentage of that award shall be distributed to Purchaser or its designee and the Seller Expense Percentage of that award shall be distributed to Seller or its designee.
(ii) In the event that an award of damages is received by a Party or a designee of a Party as a result of a judgment, settlement or arbitration (including payment pursuant to a guaranty of Aurora by any other Person) of a legal dispute that occurs either on or after the execution of the Residential Servicing Business Asset Purchase Agreement in connection with the enforcement of the Residential Servicing Business Asset Purchase Agreement in the event of a breach by Aurora of any representations and warranties or covenants where such breach did not have an adverse impact on the value of the Total Servicing Spread, the entirety of the award shall be distributed to Seller or its designee.
(b) In the event that a Party or designee of a Party receives an award pursuant to Sections 11.03(a)(i) or (ii) and some or all of that amount is to be distributed to the other Party or a designee of the other Party pursuant to Sections 11.03(a)(i) or (ii), the Party or the Party’s designee in possession of the applicable amount shall promptly notify the other Party or the other Party’s designee as to the award’s existence and request that the other Party or other Party’s designee, as applicable, designate an account to which the amount shall be remitted. Once the necessary account information has been provided by the appropriate Party or designee of a Party, the applicable amount shall be remitted by wire transfer of immediately available federal funds to the account so designated.
Award of Damages. (1) The Court shall, at the request of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in a patent infringing activity, to pay the injured party damages appropriate to the harm actually suffered by that party as a result of the infringement.
(2) The injured party shall, to the extent possible, be placed in the position it would have been in if no infringement had taken place. The infringer shall not benefit from the infringement. However, damages shall not be punitive.
(3) When the Court sets the damages:
(a) it shall take into account all appropriate aspects, such as the negative economic consequences, including lost profits, which the injured party has suffered, any unfair profits made by the infringer and, in appropriate cases, elements other than economic factors, such as the moral prejudice caused to the injured party by the infringement; or
(b) as an alternative to point (a), it may, in appropriate cases, set the damages as a lump sum on the basis of elements such as at least the amount of the royalties or fees which would have been due if the infringer had requested authorisation to use the patent in question.
(4) Where the infringer did not knowingly, or with reasonable grounds to know, engage in the infringing activity, the Court may order the recovery of profits or the payment of compensation.
Award of Damages. Any award of damages or other amount received by either Party as a result of a successful action, proceedings or settlement negotiations under Article 7 shall be divided between the Parties as follows:
7.3.6.1. The Party that initiated, prosecuted or maintained the defense of the action or proceedings shall recoup all of its costs (including any attorneys’ and expert fees) incurred in connection with the action or proceedings;
7.3.6.2. after deducting the costs and expenses identified in 7.3.
6.1 the other Party shall, to the extent possible, recover its costs and expenses (including any attorneys’ and expert fees) incurred in connection with the action or proceedings; and
7.3.6.3. thereafter, any remaining recovery shall be disbursed to Supernus and shall be treated as Net Sales for purposes of this Agreement.
Award of Damages. The Court shall, at the request of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in a patent infringing activity, to pay the injured party damages appropriate to the harm actually suffered by that party as a result of the infringement.
Award of Damages. Subject to Section 15.4 below, if the whole or any part of the Premises shall be taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, Landlord shall be entitled to and shall receive all awards that may be made in any such proceeding for the Premises, and Tenant hereby assigns and transfers to Landlord any and all such awards.
Award of Damages. In the event of any condemnation or taking or conveyance in lieu thereof as provided above, whether a Substantial Taking or otherwise, Tenant will not be entitled to any part of the award paid or payable in connection with the Building, the Leased Premises or this Lease and Landlord will receive the full amount of the award or proceeds of conveyance (except that Tenant will be free to pursue a separate claim, but not from Landlord, for the value of its personal property, fixtures and equipment; Tenant’s business interruption damages and Tenant’s relocation expenses). Tenant hereby expressly waives and releases any right or claim to any part of the taking award or proceeds of conveyance in lieu of a taking which is applicable to the Building, the Leased Premises or this Lease.
Award of Damages. Defendants argue the punitive damage award was not warranted to serve the purpose of punishment and deterrence because (a) the disgorgement of fees already constituted an award which was penal in nature and (b) significant evidence demonstrates the court was prejudiced against defendants prior to and during trial and the award may have been based on those negative passions. We review the court’s determination that punitive damages should be awarded under the abuse of discretion standard. Xxxxxxx, 398 Ill. App. 3d at 69. “An abuse of discretion occurs where no reasonable person would agree with the position adopted by the trial court.” Xxxxxxxx x. Xxxxxxxxxx, 177 Ill. 2d 166, 176 (1997). With regard to the first assertion, as will be discussed below in section V(A), the court properly ordered forfeiture of management fees defendants earned from OTD during the period of their breach. It specifically excluded those fees from its calculation of punitive damages and there is, therefore, no merit to defendants’ argument. With regard to the second assertion, defendants argue the court’s prejudice is shown by its (i) ordering the disgorgement of all management and construction fees, including those paid to MCL Construction, which was not a party; (ii) granting relief against LPDA, against whom plaintiffs did not request relief; and (iii) awarding punitive damages based on one defendant’s “nonchalance” during testimony. As was discussed in section II above, the court ordered disgorgement of “management fees”; it did not order disgorgement of “construction fees” and it did not order MCL Construction to disgorge anything at all. This evidence in no way supports defendants’ claim that the court was prejudiced against XxXxxx/defendants. On the theory that all defendants, LPDA included, were controlled by XxXxxx and worked together to defraud plaintiffs, plaintiffs sought recovery from all defendants. The fact that the court ordered recovery against LPDA does not, therefore, show prejudice. There is no question the court was struck by XxXxxx’x “nonchalance” during his testimony. The court commented on it. This court was struck too by XxXxxx’x matter- of-fact discussion of how he moved funds in and out of OTD as he needed cash, of how he considered he had the right to make the transfers - which he referred to as “on- demand loans” with no paperwork or terms or interest - because he was not charging OTD an asset management fee for his services in developing the property. ...
Award of Damages. All damages awarded for such taking by condemnation shall belong to and be the property of Landlord, and Tenant hereby assigns to Landlord its interest, if any, in said award, including any award for the leasehold estate.
Award of Damages. In the event an award is granted as the result of such cause of action, such award shall be paid by the City, pursuant to law.
Award of Damages. In the event of any condemnation or taking or conveyance in lieu thereof as provided above, whether a Substantial Taking or otherwise, Tenant will not be entitled to any part of the award paid or payable in connection with the Buildings, the Leased Premises or this Lease and Landlord will receive the full amount of the award or proceeds of conveyance (except that Tenant will be free to pursue a separate claim for the value of its business personal property, fixtures and equipment; Tenant's business damages, Tenant's business interruption damages, Tenant's relocation expenses and similar and associated damages or expenses Tenant may be entitled to under Florida law, including its attorney's fees and Costs.). Tenant hereby expressly waives and releases any right or claim to any part of the taking award or proceeds of conveyance in lieu of a taking which is applicable to the Buildings, the Leased Premises or this Lease, except as expressly set forth herein.
