Common use of BREACH AND DAMAGES Clause in Contracts

BREACH AND DAMAGES. (A) Buyer agrees that in the event Buyer attempts to rescind or cancel this Contract or in the case of a breach, repudiation or default by Buyer hereof (collectively, “Breach”), Seller’s full damages will be difficult to measure and, therefore, that Seller is entitled to have and recover the following liquidated damages from Buyer: (i) 60% of the Total Purchase Price, as adjusted hereunder, if Buyer’s Breach occurs prior to the time a building or structure is manufactured; (ii) 100% of the Total Purchase Price, as adjusted hereunder, plus all procurement charges, handling and storage costs, if Buyer’s Breach occurs after manufacture of the building or structure commences; and (iii) 100% of the Total Purchase Price plus all shipping, return freight, procurement charges, handling and storage costs, if Buyer’s Breach is with respect to an order for a specially or custom manufactured building or structure, any Special Products or any other custom ordered or procured goods (hereinafter collectively referred to as a “Special Order”), regardless whether the Breach occurs prior to or after manufacture or shipment. A Breach entitling Seller to the liquidated damages provided herein includes, but is not limited to, Buyer’s: failure or refusal to cooperate with Seller in the scheduling of delivery of goods; failure or refusal to accept Seller’s scheduled delivery date; placing the order on hold for more than ten (10) days; failure to make any payment when due and in the manner required hereunder; attempted, threatened or actual cancellation or rescission of this Contract; anticipatory repudiation or repudiation of this Contract; and any other event, act or omission stated herein to constitute a Breach. If the Seller has incurred additional costs, charges, expenses or increases (including price increases) after the Buyer has caused a delay, including, without limitation, all Increased Costs, this Contract will be deemed to have been amended to include all such additional costs, expenses, charges and increases after the Acceptance Date and the Buyer’s obligation hereunder will be increased on account thereof. Buyer agrees that the amount of liquidated damages specified herein is not a penalty and constitutes an actual good faith reasonable estimate of the actual damages that Seller would be expected to incur upon a Breach by Buyer. The foregoing liquidated damages are in addition to and not in lieu of damages recoverable under Section 5(B).

BREACH AND DAMAGES. (A) Buyer agrees that in the event Buyer attempts to rescind or cancel this Contract or in the case of a breach, repudiation or default by Buyer hereof (collectively, “Breach”), Seller’s full damages will be difficult to measure and, therefore, that Seller is entitled to have and recover the following liquidated damages from Buyer: (i) 60% of the Total Purchase Price, as adjusted hereunder, if Buyer’s Breach occurs prior to the time a building or structure is manufactured; (ii) 100% of the Total Purchase Price, as adjusted hereunder, plus all procurement charges, handling and storage costs, if Buyer’s Breach occurs after manufacture of the building or structure commences; and (iii) 100% of the Total Purchase Price plus all shipping, return freight, procurement charges, handling and storage costs, if Buyer’s Breach is with respect to an order for a specially or custom manufactured building or structure, any Special Products or any other custom ordered or procured goods (hereinafter collectively referred to as a “Special Order”), regardless whether the Breach occurs prior to or after manufacture or shipment. A Breach entitling Seller to the liquidated damages provided herein includes, but is not limited to, BuyerXxxxx’s: failure or refusal to cooperate with Seller in the scheduling of delivery of goods; failure or refusal to accept Seller’s scheduled delivery date; placing the order on hold for more than ten (10) days; failure to make any payment when due and in the manner required hereunder; attempted, threatened or actual cancellation or rescission of this Contract; anticipatory repudiation or repudiation of this Contract; and any other event, act or omission stated herein to constitute a Breach. If the Seller has incurred additional costs, charges, expenses or increases (including price increases) after the Buyer has caused a delay, including, without limitation, all Increased Costs, this Contract will be deemed to have been amended to include all such additional costs, expenses, charges and increases after the Acceptance Date and the Buyer’s obligation hereunder will be increased on account thereof. Buyer Xxxxx agrees that the amount of liquidated damages specified herein is not a penalty and constitutes an actual good faith reasonable estimate of the actual damages that Seller would be expected to incur upon a Breach by Buyer. The foregoing liquidated damages are in addition to and not in lieu of damages recoverable under Section 5(B).

BREACH AND DAMAGES. (A) Buyer Xxxxx agrees that in the event Buyer Xxxxx attempts to rescind or cancel this Contract or in the case of a breach, repudiation or default by Buyer hereof (collectively, “Breach”), Seller’s full damages will be difficult to measure and, therefore, that Seller is entitled to have and recover the following liquidated damages from Buyer: (i) 60% of the Total Purchase Price, as adjusted hereunder, if Buyer’s Breach occurs prior to the time a building or structure is manufactured; (ii) 100% of the Total Purchase Price, as adjusted hereunder, plus all procurement charges, handling and storage costs, if Buyer’s Breach occurs after manufacture of the building or structure commences; and (iii) 100% of the Total Purchase Price plus all shipping, return freight, procurement charges, handling and storage costs, if Buyer’s Breach is with respect to an order for a specially or custom manufactured building or structure, any Special Products or any other custom ordered or procured goods (hereinafter collectively referred to as a “Special Order”), regardless whether the Breach occurs prior to or after manufacture or shipment. A Breach entitling Seller to the liquidated damages provided herein includes, but is not limited to, BuyerXxxxx’s: failure or refusal to cooperate with Seller in the scheduling of delivery of goods; failure or refusal to accept Seller’s scheduled delivery date; placing the order on hold for more than ten (10) days; failure to make any payment when due and in the manner required hereunder; attempted, threatened or actual cancellation or rescission of this Contract; anticipatory repudiation or repudiation of this Contract; and any other event, act or omission stated herein to constitute a Breach. If the Seller has incurred additional costs, charges, expenses or increases (including price increases) after the Buyer has caused a delay, including, without limitation, all Increased Costs, this Contract will be deemed to have been amended to include all such additional costs, expenses, charges and increases after the Acceptance Date and the Buyer’s obligation hereunder will be increased on account thereof. Buyer Xxxxx agrees that the amount of liquidated damages specified herein is not a penalty and constitutes an actual good faith reasonable estimate of the actual damages that Seller would be expected to incur upon a Breach by Buyer. The foregoing liquidated damages are in addition to and not in lieu of damages recoverable under Section 5(B).