Common use of Damages Measures and Limitation for AACS LA Claims Clause in Contracts

Damages Measures and Limitation for AACS LA Claims. Adopter agrees that AACS LA or a Third Party Beneficiary shall be entitled to seek liquidated damages according to the terms of this Section 9.4 provided that AACS LA or a Third Party Beneficiary first provides Adopter with (i) written notice of breach and (ii) an opportunity to cure if and to the same extent that Adopter would have an opportunity to cure in the event that AACS LA were seeking termination under Section 7.1.4. The Parties agree that it may be impossible to estimate the amount of damages in the event of certain breaches. Adopter agrees that in the event of those material breaches by Adopter described below in Sections 9.4.1- 9.4.5, in addition to any other remedies in equity, but in lieu of any and all other claims by AACS LA for monetary damages, Adopter shall be liable to AACS LA for liquidated damages for each material breach that is not cured or which Adopter is not entitled to cure following notice consistent with Section 7.1.4 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 Adopter. For purposes of this Section 9.4, a series of substantially related events shall constitute a single material breach. For the avoidance of doubt, in the event that Adopter pays the amount designated in Sections 9.4.1-9.4.5 or 9.4.6.2 in connection with a material breach by Adopter of this Agreement, Adopter 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 Adopter that gave rise to such material breach, except insofar as Section 9.4.6.1 may apply.

Damages Measures and Limitation for AACS LA Claims. Adopter Service Provider agrees that AACS LA or a Third Party Beneficiary shall be entitled to seek liquidated damages according to the terms of this Section 9.4 8.3 provided that AACS LA or a Third Party Beneficiary first provides Adopter Service Provider with (i) written notice of breach and (ii) an opportunity to cure if and to the same extent that Adopter Service Provider would have an opportunity to cure in the event that AACS LA were seeking termination under Section 7.1.46.1.4. The Parties agree that it may be impossible to estimate the amount of damages in the event of certain breaches. Adopter Service Provider agrees that in the event of those material breaches by Adopter Service Provider described below in Sections 9.4.1- 9.4.58.3.1-8.3.3, in addition to any other remedies in equity, but in lieu of any and all other claims by AACS LA for monetary damages, Adopter Service Provider shall be liable to AACS LA for liquidated damages for each material breach that is not cured or which Adopter Service Provider is not entitled to cure following notice consistent with Section 7.1.4 6.1.4 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 AdopterService Provider. For purposes of this Section 9.48.3, a series of substantially related events shall constitute a single material breach. For the avoidance of doubt, in the event that Adopter Service Provider pays the amount designated in Sections 9.4.18.3.1-9.4.5 or 9.4.6.2 8.3.3 in connection with a material breach by Adopter Service Provider of this Agreement, Adopter Service 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. e.g., negligence) based in whole or in part on the act(s) or omission(s) of Adopter Service Provider that gave rise to such material breach, except insofar as Section 9.4.6.1 8.4.1 may apply.

Damages Measures and Limitation for AACS LA Claims. Adopter Service Provider agrees that AACS LA or a Third Party Beneficiary shall be entitled to seek liquidated damages according to the terms of this Section 9.4 8.3 provided that AACS LA or a Third Party Beneficiary first provides Adopter Service Provider with (i) written notice of breach and (ii) an opportunity to cure if and to the same extent that Adopter Service Provider would have an opportunity to cure in the event that AACS LA were seeking termination under Section 7.1.46.1.4. The Parties agree that it may be impossible to estimate the amount of damages in the event of certain breaches. Adopter Service Provider agrees that in the event of those material breaches by Adopter Service Provider described below in Sections 9.4.1- 9.4.58.3.1-8.3.3, in addition to any other remedies in equity, but in lieu of any and all other claims by AACS LA for monetary damages, Adopter Service Provider shall be liable to AACS LA for liquidated damages for each material breach that is not cured or which Adopter Service Provider is not entitled to cure following notice consistent with Section 7.1.4 6.1.4 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 AdopterService Provider. For purposes of this Section 9.48.3, a series of substantially related events shall constitute a single material breach. For the avoidance of doubt, in the event that Adopter Service Provider pays the amount designated in Sections 9.4.18.3.1-9.4.5 or 9.4.6.2 8.3.3 in connection with a material breach by Adopter Service Provider of this Agreement, Adopter Service 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. e.g., negligence) based in whole or in part on the act(s) or omission(s) of Adopter Service Provider that gave rise to such material breach, except insofar as Section 9.4.6.1 8.4.1 may apply.. For review only - Not for execution

Damages Measures and Limitation for AACS LA Claims. Adopter agrees that AACS LA or a Third Party Beneficiary shall be entitled to seek liquidated damages according to the terms of this Section 9.4 provided that AACS LA or a Third Party Beneficiary first provides Adopter with (i) written notice of breach and (ii) an opportunity to cure if and to the same extent that Adopter would have an opportunity to cure in the event that AACS LA were seeking termination under Section 7.1.4. The Parties agree that it may be impossible to estimate the amount of damages in the event of certain breaches. Adopter agrees that in the event of those material breaches by Adopter Xxxxxxx described below in Sections 9.4.1- 9.4.5, in addition to any other remedies in equity, but in lieu of any and all other claims by AACS LA for monetary damages, Adopter shall be liable to AACS LA for liquidated damages for each material breach that is not cured or which Adopter is not entitled to cure following notice consistent with Section 7.1.4 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 Adopter. For purposes of this Section 9.4, a series of substantially related events shall constitute a single material breach. For the avoidance of doubt, in the event that Adopter pays the amount designated in Sections 9.4.1-9.4.5 or 9.4.6.2 in connection with a material breach by Adopter of this Agreement, Adopter 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 Adopter that gave rise to such material breach, except insofar as Section 9.4.6.1 may apply.