Breach and Liquidated Damages. If the Contractor fails to comply with the terms of the Contract and this Article 68.6 (l) by not enrolling its business with HireNYC; (2) by not informing XxxxXXX, as required, of open positions; or (3) by failing to interview a qualified candidate, the Agency may assess liquidated damages in the amount of two- thousand five hundred dollars ($2,500) per breach. For all other events of noncompliance with the terms of this Article 68.6, the Agency may assess liquidated damages in the amount of five hundred dollars ($500) per breach. Furthermore, in the event the Contractor breaches the requirements of this Article 68.6 during the term of the Contract, the City may hold the Contractor in default of this Contract.
Breach and Liquidated Damages. If the Contractor fails to comply with the terms of the contract and this Rider ( l) by not enrolling its business with HireNYC; (2) by not informing XxxxXXX, as required, of open positions; or (3) by failing to interview a qualified candidate, the contracting agency may assess liquidated damages in the amount of two-thousand five hundred dollars ($2,500.00) per breach. For all other events of noncompliance with the terms of this Rider, the agency may assess liquidated damages in the amount of five hundred dollars ($500) per breach. Furthermore, in the event the Contractor breaches the requirements of this Rider during the term of the contract, the City may hold the Contractor in default of this contract.
Breach and Liquidated Damages. If the Contractor fails to comply with the terms of the Contract and this Section 39.7, (1) by not enrolling its business with HireNYC;
Breach and Liquidated Damages. If Renter breaches any provision of this Agreement, and damages suffered by County cannot be estimated, calculated, or determined, then Renter shall forfeit the entire Security Deposit to County as liquidated damages. In addition to forfeiture of Security Deposit, nothing in this provision or this Agreement shall prevent County from pursuing other legal remedies to seek relief or compensation for damages above and beyond the amount of the Security Deposit. The non-breaching party may recover damages including reasonable attorney’s fees and costs to enforce the provisions of this Agreement. The parties hereunder consent to the jurisdiction of the 0xx Xxxxxxxx Xxxxx in Moab for adjudication of any dispute, transaction or occurrence arising out of this Agreement and laws of the State of Utah shall govern this Agreement.
Breach and Liquidated Damages. Executive understands and agrees that any violation by Executive of Sections 7 or 11 would constitute a material breach of this Agreement. Company understands and agrees that any violation by Company of Section 11 would constitute a material breach of this Agreement. Therefore, if Executive breaches Sections 7 or 11 of this Agreement, the Company and its affiliates shall have the right and remedy to have this Agreement specifically enforced (by any court having equity jurisdiction, including, without limitation, the right to an entry against Executive of restraining orders and injunctions (preliminary, mandatory, temporary and permanent) against violations, whether or not then continuing, of such covenants. This right and remedy shall be in addition to, and not in lieu of, any other rights and remedies available to the Company and its affiliates under law or in equity (including, without limitation, the recovery of damages). Moreover, because damages for a breach of Sections 7 or 11 by Executive would be difficult to ascertain, Executive agrees that the Company is therefore entitled to liquidated damages of fifteen thousand dollars ($15,000) for each violation of these obligations, up to a maximum of 80% of the dollar value of the consideration set forth in Section 3 of this Agreement, with such amount designed to defray the costs of investigating and documenting the breach, mitigating the impact of the breach, and taking steps to prevent future breaches. Because damages for a breach of Section 11 by the Company would be difficult to ascertain, Company agrees that Executive is therefore entitled to liquidated damages of fifteen thousand dollars ($15,000) for each violation of those obligations. The foregoing provisions supplement and do not limit any legal remedies available to Executive, the Company or any third party. Executive further agrees that, in the event any breach by him of Section 7 or 11 is determined by a court or in arbitration to have resulted in any damages (even if in excess of the amounts paid by the Company to Executive pursuant to this Agreement), Executive’s obligations, release, and waiver under this Agreement will remain in full force and effect and supported by consideration.
Breach and Liquidated Damages. Employee hereby agrees that if during the six (6) month term of this Contract (1) Employee resigns his employment with England or otherwise breaches this Contract, or (2) Employee’s employment is terminated for Due Cause, then England will suffer damages because of its inability to realize the full benefit of its financial investment in the Employee’s employment, including referral fees paid to driving schools and training provided by England. The parties agree that it will be difficult in the event of Employee’s breach to determine the precise amount of the financial harm to England. The parties further agree that it is fair and reasonable to estimate damages equal to any referral fee paid by England and the costs of England’s internal training and education, less a proportionate amount realized by England due to Employee’s employment. Accordingly, the parties agree that on the occurrence of any of the events described in subsection (1) or (2) of this paragraph 8, Employee will be immediately liable to pay to England the amount of $4,995, less a credit of $832 for each full month of Employee’s employment with England. For example, if Employee works for England for only three and one-half months of the six-month term of this contract, Employee will owe England, as liquidated damages, $4,995, less $832 multiplied by 3, for a total of $2,498. Moreover, if any amount due hereunder is not paid when due, such amount shall accrue interest, from the due date, until the date paid, at the rate of eighteen percent (18%) per annum. It is the intent of the parties that Employee’s compliance with the terms of this Contract permits England to recoup some of the significant sum of money that England has invested to recruit and train Employee to perform the driver duties required under this Contract.
