Damages Payment. In the event any buildings or personal property or crops shall be damaged or destroyed because of Xxxxxx's operations on the leased lands, then Lessee shall be liable for all damages occasioned thereby. Lessee in its operations on the leased lands shall at all times have due and proper regard for the rights and convenience, and the health, welfare and safety of the occupier and of all tenants and persons lawfully occupying the leased lands. In the event that Xxxxxx's operations result in any condition, including but not limited to water table or deposition of chemicals, or harmful substances, which adversely affects the continued production of crops or then beneficial uses and purposes of the land, occupier at his option may require Lessee to reimburse the occupier, his tenants and persons lawfully occupying the leased lands as to the affected acreage in accordance with subparagraphs N 1 and 2 of this paragraph 13.
Damages Payment. Clean Line will pay Landowners for any damages to crops, timber, livestock, structures or improvements resulting from the construction, maintenance or operation of the Project, regardless of when they occur and without any cap on the amount of such damages. For example, if the Landowner experiences a loss in crop yields that is attributed to the operation of the Project (i.e., an inability to spray certain rows of crops due to the presence of the transmission line) then Clean Line will pay the value of such loss in yield for so long as such losses occur. In other words, the intent is that the Landowner be made whole for any damages or losses that occur as a result of the Project at any time.
Damages Payment. The Damages Payment is the amount equal to the greater of (a) the product of the maximum principal amount of the applicable Subscriber Loan, times 2% or (b) $10,000. The DPCA Group and the Bank agree that if the DPCA Group fails to comply with its obligations under paragraph 2.1 of this Agreement, and the Subscriber enters into a Subscriber Loan with a lender other than the Bank, the Damages Payment will constitute liquidated damages for the Bank's loss of the opportunity to undertake the Subscriber Loan, to recover loan origination expenses, and to realize profits over the balance of the Subscriber Loan, the actual amount of which loss would be impracticable or extremely difficult to calculate, and will not be construed as a penalty.
Damages Payment. In the event that Parent is required to make any monetary damages payment to the Company in connection with the Merger Agreement, Carlyle shall contribute to Parent 85% of the total amount payable by Parent, and Xxxxxx and Xxxxxxx shall collectively contribute to Parent 15% of the total amount payable by Parent (not to exceed $10 million in the aggregate). Notwithstanding the foregoing, if Carlyle, on the one hand, and Xxxxxx and Xxxxxxx, on the other hand, are not in agreement on a chosen course of action when it is taken (and such disagreement is reasonably evidenced by the Party that disagrees with the chosen course of action in a written communication that is delivered to the other Party contemporaneously with the taking of such course of action or promptly after learning thereof) and it is later determined that the course of action taken resulted in a breach or violation of the Merger Agreement or the Exchange Agreement by Parent, then the Party that proposed the course of action taken (the “At-Fault Party”) shall contribute 100% of the total amount payable by Parent (not to exceed $10 million in the aggregate). If, pursuant to the Guarantee, Carlyle pays any amount on behalf of Parent that is the responsibility of Xxxxxx and Xxxxxxx as provided above, then Xxxxxx and Xxxxxxx shall promptly reimburse Carlyle.
