Common use of Damages Determination in Event of Your Default Clause in Contracts

Damages Determination in Event of Your Default. Although we agree to use commercially reasonable efforts to relicense your Seats if we terminate this Agreement due to your default, you acknowledge that your Seats are not unique, and as long as other seats in the Arena remain unlicensed for viewing Kings games, relicensing your Seats will not necessarily mitigate our damages, as we may have otherwise been able to license other unsold seats had you not defaulted. You and we agree that for purposes of this Agreement, and without changing the character of the Agreement as a license, the Kings shall be considered to be in a position akin to that of a “lost volume seller” under California law in the event of your default. Therefore, the amount, if any, we may receive from the relicensing of your Seats after termination of this Agreement due to your default shall not be taken into account in determining our damages unless and until all of the seats in the Arena are licensed.

Damages Determination in Event of Your Default. Although we agree to use commercially reasonable efforts to relicense your Seats seats if we terminate this Agreement due to your default, you acknowledge that your Seats seats are not unique, and as long as other seats in the Arena remain unlicensed for viewing Kings games, relicensing your Seats seats will not necessarily mitigate our damages, as we may have otherwise been able to license other unsold seats had you not defaulted. You and we agree that for purposes of this Agreement, and without changing the character of the Agreement as a license, the Kings shall be considered to be in a position akin to that of a “lost volume seller” under California law in the event of your default. Therefore, the amount, if any, we may receive from the relicensing of your Seats seats after termination of this Agreement agreement due to your default shall not be taken into account in determining our damages unless and until all of the seats in the Arena are licensed.