Damage awards. (a) In any action brought challenging the validity of a municipal contract under this section, the court shall not award, as any part of its judgment, damages or attorney fees, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid.
(b) Paragraph (a) applies to any action arising under or based upon the alleged violation by a municipality of any law, regulation, ordinance, or equitable doctrine governing or regarding public procurement requirements, public procurement procedures, or the award of any public contract by a municipality, regardless of whether the agreement constitutes a contract under subdivision 2.
Damage awards. In any action brought challenging the validity of a municipal contract under this section, the court shall not award, as any part of its judgment, damages, or attorney's fees, but may award an unsuccessful bidder the costs of preparing an unsuccessful bid.
Damage awards. Any damages recovered by the party bringing the action for patent infringement will be used first to compensate that party for its out-of-pocket expenses in the prosecution of any such action, suit or proceeding for infringement. Any remaining damages recovered by that party will be apportioned between VisiJet and Xxxxxxx in proportion to the damage incurred by each party as a result of the infringement.
Damage awards. 29 7.4.5 Statute of Limitations........................................29 7.4.6 Arbitration Costs.............................................29 7.5 Continuing Performance of Obligations................................29 7.6
Damage awards. Any damage award or settlement payments, made in connection with any action relating to infringement of the DS Patent Rights in the Territory, whether obtained by judgment, settlement or otherwise shall be allocated (i) first, to the Parties to recover their respective reasonable costs and expenses incurred in connection with the action, and (ii) second, the amount of any recovery remaining shall then be allocated between DS and Immunic depending on the economic effect of the infringement action on the commercialization of the Subject Compounds and/or the Licensed Products by Immunic or its sub-licensees under the license granted to Immunic.
Damage awards. In determining any award under this Section 8.2, the arbitrators may not award amounts for special damages, consequential damages, incidental damages, lost profits, damages for lost business opportunity, punitive damages or exemplary damages. Neither any party hereto nor the arbitrators may disclose the existence or results of any arbitration hereunder without the prior written consent of the other party; nor may any party hereto disclose to any third party any confidential information disclosed by any other party hereto in the course of an arbitration hereunder without the prior written consent of such other party.
Damage awards. In such condemnation proceedings, Landlord shall be entitled to receive and retain entirely any award for damages for the land, Building and Leased Premises, and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease, but Tenant shall be entitled to recover the unamortized value of its leasehold improvements.
Damage awards. In the event of any condemnation or taking as hereinbefore provided, whether whole or partial, the Tenant shall not be entitled to any part of the award, as damages or otherwise, for such condemnation and Landlord is to receive the full amount of such award, except for that portion of the award reasonably attributable to leasehold improvements paid for by Tenant, Tenant's business interruption and Tenant's property in the Leased Premises, such allocation to be made, however, only after Landlord shall have recouped in full its costs to construct and improve the property taken. The Tenant hereby expressly waives any right or claim to any part of any such award except as expressly permitted above. Although all damages in the event of any condemnation are to belong to the Landlord (except as provided above) whether such damages are awarded as compensation for diminution in value of the leasehold or the fee of the Leased Premises, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any damage to Tenant's business by reason of the condemnation and for or on account of any cost or loss to which Tenant might be put in removing Tenant's merchandise, furniture, fixtures, leasehold improvements and equipment from the Leased Premises.
Damage awards. In the event that CollaGenex receives damages as a result of any litigation described in paragraph (e) above, it shall allocate such damages, to the extent sufficient funds exist:
(i) first to itself to fund any Patent Defense Costs that it incurred but did not offset against Earn Out Consideration that would otherwise have been due and payable;
(ii) second to the Shareholders, to the extent that it did offset any Patent Defense Costs against Earn Out Consideration that would otherwise have been due and payable; and
(iii) any balance shall be distributed [**]% to CollaGenex and [**]%, collectively, to the Shareholders on a pro rata basis in accordance with their respective ownership as shown on Exhibit A.
Damage awards. The arbitrator is not empowered to award damages in excess of compensatory damages. Each party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration.
