Centurion Damages upon Termination Clause Samples

Centurion Damages upon Termination. As consideration for the costs and expenses incurred by Centurion in connection with its completion of the Pipeline Facilities, if this Agreement is terminated after the Effective Date due to default, breach or non-performance by Alon, and less than 39,237,500 Barrels of Crude Oil have been shipped from the Origin Point to the Delivery Point at such time, Alon shall promptly pay Centurion as liquidated damages an amount equal to the sum of the following calculation: (39,237,500—actual number of Barrels of Crude Oil shipped from the Origin Point to the Delivery Point prior to termination) * $0.099. The Parties agree that the multiplier of $0.099 in the prior sentence will be changed to the surcharge number set forth in the Tariff on its initial filing, which in any event shall not exceed the $0.099 per barrel. The Parties acknowledge and agree that they have agreed upon and fixed the amount of such liquidated damages because of the difficulty of determining the exact amount of damages that Centurion would sustain in any such event and because otherwise obtaining an adequate remedy would be difficult or unduly burdensome. The liquidated damages are not a penalty and shall be paid by Alon regardless of the amount of losses and damages that Centurion actually sustains and such liquidated damages shall be in addition to, and not in lieu of, any other damages to which Centurion is entitled under this Agreement or otherwise at law or in equity.