Breach; Damages. Subject to the provisions of this Section 10 and Section 14, if any representation of Sellers in Section 9 is incorrect (a "Breach"), Sellers shall put the Purchaser into the same position it would be in if the Breach had not occurred. Purchaser shall be entitled to request from Sellers that this position is provided by remediation in kind (Naturalrestitution), unless remediation in kind (i) is not permitted by the nature of the Breach or (ii) cannot be effected by Sellers with reasonable efforts. If and to the extent that (a) although Purchaser is entitled to remediation in kind, (b) remediation in kind is not permitted by the nature of the Breach or (c) remediation in kind has not been effected by Sellers within a period of one (1) month after a written request for such remediation has been made by Purchaser, Purchaser shall be entitled to request from Sellers compensation in cash (Schadensersatz in Geld) for damages (the "Damages") which Purchaser or the ARAPP Companies have suffered or incurred and would not have suffered or incurred if the representation in question were correct. The term Damages does not include indirect or consequential damages (except any expenses and costs, e.g. transport, dismantling and installation cost, accruing in the course of rectifying direct damages resulting from defective ARAPP Products, and except reasonable attorneys' and expert fees), reduction of revenues or profits, damage to good will or otherwise based on an alleged inadequacy of the Purchase Price.
Breach; Damages. Except as expressly lim- ited by this Agreement, any breach of a Party’s obliga- tions under this Agreement shall be deemed a material breach hereof. Except as expressly limited by this Agreement, any breach or threatened breach of the Nondisclosure provisions of this Agreement shall al- low the non-breaching Party its full remedies at law and in equity, including injunctive relief, without prej- udice to its ability to seek other damages. Any other breach of this Agreement shall allow the non-breach- ing Party its full damages, including damages to repu- tation and prospective economic advantage. If any Party is in breach or threatened breach of this Agree- ment, and the other Party employs the services of attor- neys or others to protect its rights hereunder, the breaching Party shall be liable for all of the costs of en- forcement of this Agreement, including reasonable at- torneys’ fees and costs, whether or not litigation is commenced.
Breach; Damages. The specific remedies detailed in this Agreement shall not operate as a waiver of any and all other rights and remedies available to the Foundation at law or equity. In the event the Contractor fails to comply with this Agreement, or one of the Contractor’s Subcontractors fails to comply with its agreement with the Contractor, and thus causes a breach of this Agreement, the Foundation may, in its reasonable discretion, remove that Contractor from eligibility for receiving any and all funding for future research projects.
Breach; Damages. 10.1 The Authority may calculate an amount (the "Breach Damages") equal to the aggregate of:
Breach; Damages. 3 Business.......................................................................3
Breach; Damages. If a party to this Agreement establishes a breach of any provision of this Agreement, it shall be entitled to recover appropriate damages from the breaching party(ies), as well as all reasonable attorney’s fees and costs incurred in a successful proceeding to enforce this Agreement.
Breach; Damages. In the event of breach of this Agreement, the defaulting party shall be liable for damages as provided by law.
Breach; Damages. The specific remedies detailed in this Agreement shall not operate as a waiver of any and all other rights and remedies available to the Foundation at law or equity. In the event the Contractor fails to comply with or breaches a material term or condition of this Agreement, or one of the Contractor’s Subcontractors fails to comply with or is in breach of a material term or condition of its agreement with the Contractor, and thus causes a breach of this Agreement and/or damages to the Foundation, the Foundation may, in its sole and absolute discretion, remove the Contractor, or where applicable, the Subcontractor, from eligibility for receiving any and all funding for future research projects. Contractor shall inform any and all Subcontractors of the binding nature of the terms and conditions of this Paragraph 19 prior to the Subcontractor being retained and performing any service or work related to this Agreement and the Project.
