Damages Measures and Limitation for AACS LA Claims Sample Clauses

Damages Measures and Limitation for AACS LA Claims. Content Provider agrees that AACS LA or a Third Party Beneficiary shall be entitled to seek liquidated damages according to the terms of this Section 10.2 provided that AACS LA or a Third Party Beneficiary first provides Content Provider with (i) written notice and (ii) an opportunity to cure if and to the same extent that Content Provider would have an opportunity to cure in the event that AACS LA were seeking termination under Section 8.1.3 and, with respect to a breach of the Mandatory MC Obligations, opportunities to cure as set forth in Sections 10.8.1 and 10.8.2.2. The Parties agree that it may be impossible to estimate the amount of damages in the event of certain breaches. Content Provider agrees that in the event of those material breaches by Content Provider described below in Section 10.2.1 through 10.2.5, in addition to any other remedies in equity, but in lieu of any and all other claims by AACS LA for monetary damages, Content Provider shall be liable to AACS LA for liquidated damages for each material breach that is not cured as provided above or which Adopter is not entitled to cure following notice consistent with Section 8.1.3 in the amount set forth below, such amounts to be the exclusive monetary remedies available to AACS LA for any and all such breaches by Content Provider. For purposes of this Section 10.2, a series of substantially related events shall constitute a single material breach. For the avoidance of doubt, in the event that Content Provider pays the amount designated in this Section 10.2 in connection with a material breach by Content Provider of this Agreement, Content Provider shall have no further liability to AACS LA, or the Licensors in their capacity as Licensors, or the constituent entities of AACS LA in their capacity as constituent entities of AACS LA, for additional monetary damages (regardless of legal theory (e.g., negligence) based in whole or in part on the act(s) or omission(s) of Content Provider that gave rise to such material breach).
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Damages Measures and Limitation for AACS LA Claims. The Parties agree that it may be impossible to estimate the amount of damages in the event of a material breach described in Section 10.2.1 or Section 10.2.2 below. Content Participant agrees that in the event of a material breach by Content Participant described below in Section 10.2.1 or Section 10.2.2, in addition to any other remedies in equity, but in lieu of any and all other claims by AACS LA for monetary damages, Content Participant shall be liable to AACS LA for liquidated damages for each material breach (only if such breach is not cured in accordance with Section 8.1.3 or is pursuant to a Pattern of Prohibited Behavior) in the amount set forth below, such amounts to be the exclusive monetary remedies available to AACS LA for any and all such breaches by Content Participant. For purposes of this Section 10.2, a series of substantially related events shall constitute a single material breach. For the avoidance of doubt, in the event that Content Participant pays the amount designated in this Section 10.2 in connection with a material breach by Content Participant of this Interim Agreement, Content Participant shall have no further liability to AACS LA, or the Licensors in their capacity as Licensors, or the constituent entities of AACS LA in their capacity as constituent entities of AACS LA, for additional monetary damages (regardless of legal theory (e.g., negligence) based in whole or in part on the act(s) or omission(s) of Content Participant that gave rise to such material breach.).
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Damages Measures and Limitation for AACS LA Claims. Content Participant agrees that AACS LA or a Third Party Beneficiary shall be entitled to seek liquidated damages according to the terms of this Section 10.2 provided that AACS LA or a Third Party Beneficiary first provides Content Participant with (i) written notice and (ii) an opportunity to cure if and to the same extent that Content Participant would have an opportunity to cure in the event that AACS LA were seeking termination under Section
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Related to Damages Measures and Limitation for AACS LA Claims

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