Common use of Business Interference Clause in Contracts

Business Interference. Retailer is not authorized under this Agreement or under any other agreement or understanding between the Parties, unless expressly agreed to in writing, to be an authorized retailer of Manufacturer on Xxxxxx.xxx and Third Party Marketplaces. Further, Retailer acknowledges that Manufacturer has an exclusive contractual obligation to a third-party company (that is not a party to this Agreement) to act as Manufacturer’s exclusive authorized retailer on Xxxxxx.xxx and Third Party Marketplaces. Therefore, Retailer agrees that if it violates this Agreement, directly or indirectly, including but not limited to, the restriction against selling to or via Xxxxxx.xxx or Third Party Marketplaces, that Retailer has tortuously interfered with Manufacturer’s business relationship and contractual duties with Manufacturer’s exclusive authorized reseller 5. Liquidated Damages: Retailer acknowledges that any breach of the obligations of this Agreement, other than the obligation to pay Manufacturer for Products purchased, will cause Manufacturer monetary damages that are difficult or impossible to quantify with specificity. Retailer agrees to pay Manufacturer as a reasonable estimate of actual monetary damages from such breach(es) liquidated damages in an amount equal to $350.00 for each separate breach for each day that any breach continues. For example, if Retailer breaches this Agreement by selling or offering to sell to customers on Xxxxxx.xxx three (3) different Products for 10 days, liquidated damages shall be $10,500 and if Retailer offers to sell fifty (50) Products on Xxxxxx.xxx for a period of 30 days, the liquidated damages shall be at minimum $525,000. The parties agree that the liquidated damages provided herein is not a penalty but is a reasonable estimate of damages that are difficult or impossible to ascertain in view of the damages anticipated by Retailer’s breach(es). Liquidated damages shall be Manufacturers exclusive monetary remedy for Retailer’s breach(es) of Paragraphs 1, 2 & 3 herein, provided that Manufacturer shall also be entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing its rights hereunder, as well as all equitable relief to which it may be entitled and to terminate Retailer as a retailer of Manufacturer. For breach of any other provisions of this Agreement or any statutory or common law rights and obligations, Retailer shall not be limited to the damages formula herein, but shall be liable for all damages of Manufacturer.

Business Interference. Retailer is not authorized under this Agreement or under any other agreement or understanding between the Parties, unless expressly agreed to in writing, to be an authorized retailer of Manufacturer on Xxxxxx.xxx and Third Party Marketplaces. Further, Retailer acknowledges that Manufacturer has an exclusive contractual obligation to a third-party company (that is not a party to this Agreement) to act as Manufacturer’s exclusive authorized retailer on Xxxxxx.xxx and Third Party Marketplaces. Therefore, Retailer Xxxxxxxx agrees that if it violates this Agreement, directly or indirectly, including but not limited to, the restriction against selling to or via Xxxxxx.xxx or Third Party Marketplaces, that Retailer has tortuously interfered with Manufacturer’s business relationship and contractual duties with Manufacturer’s exclusive authorized reseller 5. Liquidated Damages: Retailer acknowledges that any breach of the obligations of this Agreement, other than the obligation to pay Manufacturer for Products purchased, will cause Manufacturer monetary damages that are difficult or impossible to quantify with specificity. Retailer agrees to pay Manufacturer as a reasonable estimate of actual monetary damages from such breach(es) liquidated damages in an amount equal to $350.00 for each separate breach for each day that any breach continues. For example, if Retailer breaches this Agreement by selling or offering to sell to customers on Xxxxxx.xxx three (3) different Products for 10 days, liquidated damages shall be $10,500 and if Retailer offers to sell fifty (50) Products on Xxxxxx.xxx for a period of 30 days, the liquidated damages shall be at minimum $525,000. The parties agree that the liquidated damages provided herein is not a penalty but is a reasonable estimate of damages that are difficult or impossible to ascertain in view of the damages anticipated by Retailer’s breach(es). Liquidated damages shall be Manufacturers exclusive monetary remedy for Retailer’s breach(es) of Paragraphs 1, 2 & 3 herein, provided that Manufacturer shall also be entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing its rights hereunder, as well as all equitable relief to which it may be entitled and to terminate Retailer as a retailer of Manufacturer. For breach of any other provisions of this Agreement or any statutory or common law rights and obligations, Retailer shall not be limited to the damages formula herein, but shall be liable for all damages of Manufacturer.

Business Interference. Retailer Reseller is not authorized under this Agreement or under any other agreement or understanding between the Parties, unless expressly agreed to in writing, to be an authorized retailer Reseller of Manufacturer on Xxxxxx.xxx and Third Party Marketplaces. Further, Retailer Reseller acknowledges that Manufacturer has an exclusive contractual obligation to a third-party company (that is not a party to this Agreement) to act as Manufacturer’s exclusive authorized retailer Reseller on Xxxxxx.xxx and Third Party Marketplaces. Therefore, Retailer Reseller agrees that if it violates this Agreement, directly or indirectly, including but not limited to, the restriction against selling to or via Xxxxxx.xxx or Third Party Marketplaces, that Retailer Reseller has tortuously interfered with Manufacturer’s business relationship and contractual duties with Manufacturer’s exclusive authorized reseller 5. Liquidated Damages: Retailer Reseller acknowledges that any breach of the obligations of this Agreement, other than the obligation to pay Manufacturer for Products purchased, will cause Manufacturer monetary damages that are difficult or impossible to quantify with specificity. Retailer Reseller agrees to pay Manufacturer as a reasonable estimate of actual monetary damages from such breach(es) liquidated damages in an amount equal to $350.00 for each separate breach for each day that any breach continues. For example, if Retailer Reseller breaches this Agreement by selling or offering to sell to customers on Xxxxxx.xxx three (3) different Products for 10 days, liquidated damages shall be $10,500 and if Retailer Reseller offers to sell fifty (50) Products on Xxxxxx.xxx for a period of 30 days, the liquidated damages shall be at minimum $525,000. The parties agree that the liquidated damages provided herein is not a penalty but is a reasonable estimate of damages that are difficult or impossible to ascertain in view of the damages anticipated by RetailerReseller’s breach(es). Liquidated damages shall be Manufacturers exclusive monetary remedy for RetailerReseller’s breach(es) of Paragraphs 1, 2 & 3 herein, provided that Manufacturer shall also be entitled to recover its reasonable attorneys’ fees and costs incurred in enforcing its rights hereunder, as well as all equitable relief to which it may be entitled and to terminate Retailer Reseller as a retailer Reseller of Manufacturer. For breach of any other provisions of this Agreement or any statutory or common law rights and obligations, Retailer Reseller shall not be limited to the damages formula herein, but shall be liable for all damages of Manufacturer.