Common use of Breach of Contract and Liquidated Damages Clause in Contracts

Breach of Contract and Liquidated Damages. Xxxx reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angi’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Xxxx to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Xxxx the following amounts as liquidated damages, which the Company accepts as reasonable estimates of Angi’s damages for the specified breaches of this Agreement: If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Xxxx One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Xxxx may (but is not required) issue the Company a warning before assessing damages. If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angi members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited. If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Xxxx, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Xxxx to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

Breach of Contract and Liquidated Damages. Xxxx reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any Angi’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Xxxx to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Xxxx the following amounts as liquidated damages, which the Company accepts as reasonable estimates of AngiXxxx’s damages for the specified breaches of this Agreement: If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay Xxxx One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. Xxxx may (but is not required) issue the Company a warning before assessing damages. If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of Angi members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited. If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi Xxxx members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of Xxxx, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by Xxxx to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

Breach of Contract and Liquidated Damages. Xxxx Better Me Baja reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, Provider Subscription (b) advertising promotional privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any AngiBetter Me Baja’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy. The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Xxxx Better Me Baja to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Xxxx Better Me Baja the following incurred amounts as liquidated damages, which the Company accepts as reasonable estimates of AngiBetter Me Baja’s damages for the specified breaches of this Agreement: If the Company posts SP Service Provider Content in violation of this Agreement, the Company agrees to promptly pay Xxxx One Better Me Baja Twenty Thousand Dollars Pesos ($1,00020,000 mx) for each item of SP Service Provider Content posted in violation of this Agreement. Xxxx Better Me Baja may (but is not required) issue the Company a warning before assessing damages. If the Company User or Service Provider exploits for any purpose (commercial or otherwise) any Consumer Service Provider Content, profiles of Angi Better Me Baja members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Two Hundred Thousand Dollars Pesos ($10,000200,000 mx) per report, record or review exploited. If the Company User or Service Provider uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of Angi Better Me Baja members, SP Service Provider content (including SP Service Provider profiles) or any other content contained on the Website or in any other publication of XxxxBetter Me Baja, the Company offending party agrees to pay One Hundred Dollars Twenty Thousand Pesos ($10020,000 mx) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company offending party agrees to pay the actual damages suffered by Xxxx Better Me Baja to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, the Company offending party reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.