Damages and Attorneys’ Fees a) CrossFit Trainer’s breach of this Agreement and/or use of the CrossFit IP in a manner that exceeds the scope of the limited license provided by this Agreement may constitute trademark infringement, copyright infringement, unfair competition, and false advertising, among other violations. CrossFit, LLC reserves all rights to pursue all claims, damages and relief against CrossFit Trainer related to CrossFit Trainer’s breach of this agreement, including his or her failure to perform any of the obligations or covenants under this Agreement.
b) CrossFit, LLC will be entitled to recovery of its attorneys’ fees and other costs of suit if CrossFit, LLC obtains a judgment in its favor against CrossFit Trainer in any legal proceeding arising out CrossFit Trainer’s breach of this Agreement, including his or her refusal or failure to perform any of the obligations or covenants under this Agreement.
c) THE TOTAL LIABILITY OF CROSSFIT, LLC TO CROSSFIT TRAINER IN ANY EVENT IS LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY CROSSFIT TRAINER TO ATTEND THE LEVEL 1 CERTIFICATE COURSE. CrossFit, LLC is not liable to CrossFit Trainer or any third party for any indirect, special or consequential damages. For the avoidance of doubt, this means that CrossFit, LLC is never liable to CrossFit Trainer (or any other third party) for CrossFit Trainer’s (or any other third party’s) expenditures, investments, leases, commitments lost revenue, lost profits, or lost data, even if CrossFit, LLC terminates or breaches this Agreement.
Damages and Attorneys’ Fees. Notwithstanding any other provision stated herein, the Surety agrees to reimburse PG&E for all costs, damages, and reasonable attorney’s fees incurred by PG&E (a) in enforcing its rights hereunder, or (b) due to the failure of the Surety or Principal to comply with the obligations of the Surety or Principal hereunder.
Damages and Attorneys’ Fees. Each of the Borrower Parties agrees that if it hereafter commences, joins in, or in any manner seeks, relief through any suit arising out of, based upon, or relating to any of the Claims or in any manner asserts against such Released Parties, or any of them, any of the Claims, then the undersigned will pay to such Released Parties, and each of them, in addition to any other damages caused to such Released Parties thereby, all attorneys' fees incurred by such Released Parties in defending or otherwise responding to said suit or claim.
Damages and Attorneys’ Fees. (a) Trainee’s breach of this Agreement and/or use of the ATP IP in a manner that exceeds the scope of the limited license provided by this Agreement may constitute trademark infringement, copyright infringement, unfair competition, and false advertising, among other violations. ATP reserves all rights to pursue all claims, damages and relief against Trainee related to Trainee’s breach of this agreement, including his or her failure to perform any of the obligations or covenants under this Agreement.
(b) ATP will be entitled to recovery of its attorneys’ fees and other costs of suit if ATP obtains a judgment in its favor against Trainee in any legal proceeding arising out Trainee’s breach of this Agreement, including his or her refusal or failure to perform any of the obligations or covenants under this Agreement.
Damages and Attorneys’ Fees. Within thirty (30) days after the Effective Date, PSI shall pay Plaintiffs a total sum of Two Hundred Six Thousand Eight Hundred Sixty-Seven Dollars and Zero Cents ($206.867.00) (“Settlement Payment”) for all attorney’s fees, costs, and expenses, as well as alleged damages. The Settlement Payment shall be made as follows: A check in the amount of One Hundred Sixty-Four Thousand Eight Hundred Sixty-Seven Dollars and Zero Cents ($164,867.00) for attorney’s fees, costs, and expenses, and made payable to TRE Legal Practice. Three separate checks in the amount of Fourteen Thousand Dollars and Zero Cents ($14,000.00) (for a total of Forty-Two Thousand Dollars and Zero Cents ($42,000.00)) for alleged damages, made payable separately to Angelx Xxxxxx, Xxxuex Xxxxxx, xxx Hy Coxxx. Xxl checks shall be delivered to Plaintiffs’ counsel at the following address: 1155 Xxxxxx Xxxxxx, Xxxxx Xxxxx, Xxx Xxxxxxxxx, XX 00000. Xxx checks shall be sent via Federal Express, USPS Certified Mail, or other shipping method that provides tracking and delivery confirmation. Upon delivery of the Settlement Payment, Defendants will have fully met their payment obligations under this Agreement and will not be liable in any manner for the distribution, division, or payment of any portion of the Settlement Payment to or between any counsel Plaintiffs may have retained or consulted. By execution of this agreement, Plaintiffs authorize payment to be made as set forth in this paragraph.
Damages and Attorneys’ Fees. Each of the Releasing Parties agrees that if it hereafter commences, joins in, or in any manner seeks, relief through any suit arising out of, based upon, or relating to any of the Claims or in any manner asserts against such Released Parties, or any of them, any of the Claims, then the undersigned will pay to such Released Parties, and each of them, in addition to any other damages caused to such Released Parties thereby, all attorneys' fees incurred by such Released Parties in defending or otherwise responding to said suit or claim. Dated: December 23, 1996. GREENWAY ASSOCIATES, LTD., a Texas limited partnership By: CARLYLE REAL ESTATE LIMITED PARTNERSHIP-X, an Illinois limited partnership, General Partner By: JMB REALTY CORPORATION, a Delaware corporation, General Partner By: -------------------------- Name: -------------------------- Title: -------------------------- EXHIBIT "D" ----------- [Form of Release to be Executed by Operating Partnership and Buyer] GENERAL RELEASE
Damages and Attorneys’ Fees. Each of the Releasing Parties agrees that if it hereafter commences, joins in, or in any manner seeks, relief through any suit arising out of, based upon, or relating to any of the Claims or in any manner asserts against such Released Parties, or any of them, any of the Claims, then the undersigned will pay to such Released Parties, and each of them, in addition to any other damages caused to such Released Parties thereby, all attorneys' fees incurred by such Released Parties in defending or otherwise responding to said suit or claim. DATED: May __, 1997 THE PARTNERSHIP: WXXXXX-XXXXXXX PARTNERS, a California general partnership By: MEDICAL OFFICE BUILDINGS, LTD., a Washington limited partnership By: WXXXXX RUNSTAD ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, General Partner By: WXXXXX RUNSTAD & CO., a Washington corporation, General Partner By: ____________________ Name: ____________________ Title: ____________________ BUYER: MEDICAL OFFICE BUILDINGS, LTD., a Washington limited partnership By: WXXXXX RUNSTAD ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership, General Partner By: WXXXXX RUNSTAD & CO., a Washington corporation, General Partner By: ____________________ Name: ____________________ Title: ____________________ ASSIGNEE: MOBL NOMINEE, INC., a Washington corporation By: ____________________ Name: ____________________ Title: ____________________ MANAGER: WXXXXX RUNSTAD & ASSOCIATES LIMITED PARTNERSHIP, a Washington limited partnership By: WXXXXX RUNSTAD & CO., a Washington corporation, General Partner By: ____________________ Name: ____________________ Title: ____________________ EXHIBIT "E" ----------- RESERVE AMOUNTS Severance reserve (1) $ 36,757.00 Tenant improvement and lease commission reserve (2) 121,513.00 General winding-up reserve (3) 29,730.00 ----------- Total Reserve $188,000.00 ===========
(1) Seller shall not be responsible for (and no amount in the Reserve shall be used to pay) severance payments other than those scheduled on the attached "Severance Schedule" and then only if the employees listed thereon are not employed at the Property as of July 27, 1997. Any other severance obligations hall be the sole obligation of Buyer and Buyer shall protect, defend, indemnity and hold Seller harmless from and against any Claims in connection therewith.
(2) Seller shall not be responsible (and no amount in the Reserve shall be used to pay) tenant improvement costs or leasing commissions other than unpaid tena...
Damages and Attorneys’ Fees. Each of the Releasing Parties agrees that if it hereafter commences, joins in, or in any manner seeks, relief through any suit arising out of, based upon, or relating to any of the Claims or in any manner asserts against such Released Parties, or any of them, any of the Claims, then the undersigned will pay to such Released Parties, and each of them, in addition to any other damages caused to such Released Parties thereby, all attorneys' fees incurred by such Released Parties in defending or otherwise responding to said suit or claim. Dated: December 23, 1996. FOLSOM: THE PARTNERSHIP: FOLSOM INVESTMENTS, INC., GREENWAY TOWER JOINT VENTURE, a Texas corporation a Texas general partnership By: ______________________ By: INDEPENDENCE DEVELOPMENT, Name: ____________________ INC., a Texas corporation Title: ___________________ By: --------------------------- Name: --------------------------- Title: ---------------------------
Damages and Attorneys’ Fees. In the event of a breach or threatened breach by Customer of any provision of this Agreement, Company shall be entitled to seek injunctive relief, without bond, including specific performance, to carry out the obligations of this Agreement, restraining Customer from such breach or threatened breach, as well as to seek any other legal or equitable remedies available to Company, including damages and attorneys’ fees, notwithstanding any other provisions of this Agreement. All of Company’s remedies for any breach of this Agreement by Customer shall be cumulative, and its pursuit of one remedy shall not be deemed to exclude any other remedies. In the event of a dispute between the parties under this Agreement, Company, if the prevailing party in such dispute, shall be entitled to reimbursement of its attorneys’ fees and out-of-pocket costs incurred in connection with such dispute by Customer.
Damages and Attorneys’ Fees. In the event of termination or default in this Agreement, any damages awarded or arising under this Agreement shall be exclusively limited to actual or compensatory damages incurred. In no instance shall the County or the Tribe be entitled to consequential or punitive damages, lost profits, or attorney’s fees. By acceptance and execution of this Agreement, the parties agree that they are precluded from asserting or claiming any additional damages, and that the only damages contemplated as arising from this Agreement are actual or compensatory damages.
