Default Damages. Subject to Section 7.3(e), the Defaulting Party shall pay Default Damages on or before three (3) Business Days after receipt of an invoice therefor. The invoice shall include a written statement explaining in reasonable detail the calculation of such amount. Neither Party will be liable for Default Damages if this Agreement is terminated by a Governmental Authority.
Default Damages. If Lessee (a) fails to make any lease payment when due or (b) becomes insolvent or commences bankruptcy or receiverships proceedings or has such proceedings commenced against Lessee, or (c ) terminates Lessee’s existence by merger, consolidation, sale of substantially all Lessee’s assets, or (d) defaults under any other agreement Lessee has with Lessor or Lessor’s affiliates, or (e) otherwise breaches any provision of this Lease Agreement or any Schedule, Lessor may accelerate the remaining balance due on this Lease Agreement and any Schedule and demand the immediate return of the Equipment to Lessor. If Lessee does not return the Equipment to Lessor within (10) days of Lessor’s notice of Lessee’s default, Lessee will also pay a liquidated Equipment charge equal to the anticipated Lease-end residual value of the Equipment. Lessor may also use any remedies available to Lessor under the Uniform Commercial Code or any other applicable law. In the event of court action in which there is a final judgment, the losing party will pay all legal fees and expenses in addition to any judgment. Lessor will provide Lessee with notice and due process of law on any repossession or disposition of the Lease. To the extent permitted by law, Lessor will not be responsible to Lessee for any consequential or incidental damages. Lessor’s delay or failure to enforce Lessor’s rights under this Lease Agreement and each Schedule will not prevent Lessor from doing so at a later time.
Default Damages. In the event that either party breaches any of its obligations under this Agreement, in addition to any other remedies provided pursuant to this Agreement or applicable Requirements of Law, the non-breaching party shall be entitled to recover from the breaching party the actual damages which the non-breaching party may incur on account of such breach. Except as otherwise provided in this Agreement, neither party shall be liable to the other party for damages for lost profits, exemplary, punitive, special, incidental, indirect and consequential damages suffered by the other party, including indemnified parties pursuant to Article IX (except any such damages payable by an indemnified party to Persons not related to the parties hereto or liquidated damages payable under this Agreement that may include any of the foregoing) (“Excluded Damages”).
Default Damages. Should Seller fail to fulfill Seller’s obligations hereunder, Buyer may elect to terminate this Agreement by written notice thereof to Seller, and receive a refund of the Deposit and/or to pursue all available remedies, including specific performance and reasonable attorney’s fees and costs. Should Buyer fail to fulfill Buyer’s obligations hereunder, Seller may terminate this Agreement by written notice thereof to Buyer, and retain the Deposit as liquidated damages as Seller’s sole and exclusive remedy at law or in equity. Upon termination in accordance with this Section, Buyer and Seller shall be relieved of all obligations hereunder following termination except for such obligations as by their terms survive termination of this Agreement.
Default Damages. Upon a Provider Event of Default, Host may at its sole option require Provider to remove the Project and restore the Premises to its condition prior to installation of the Project. In the event Provider fails to remove the Project, Host may remove it and restore the Premises to its condition prior to installation of the Project, normal wear and tear excepted, and Provider shall be liable for all costs related to said removal, storage and disposal of the Project and restoration of the Premises and Site, less any proceeds received for the removed Project. Host agrees to undertake such a removal of the Project as cost effectively as possible so as to limit the overall cost of the Project. In addition, upon Provider Event of Default, Host may seek to recover from Provider all Host Losses and/or pursue any other available remedies available at law or in equity.
Default Damages. Upon a Host Event of Default, Provider may require Host to pay to Provider the Early Termination Amount. After Provider’s receipt of such Early Termination Amount pursuant to this Section 20(b), Provider shall collect no additional damages resulting from lost revenues from sales of electricity from the Project, cause the Project to be disconnected, and remove the Project from the Site. Provider may continue to operate the Project at the Site, sell electricity produced by the Project to persons other than Host, and recover from Host any loss in revenues resulting from such sales; and/or pursue other remedies available at law or in equity. If necessary to sell electricity to persons other than Host, Host shall allow Provider to add a new meter dedicated to the solar Project, change the point of interconnection, and/or will support Provider with necessary approvals to change the Schedule Z.
Default Damages. If Customer is in breach of or default in any terms and conditions of this Contract, Owner may terminate this Contract and without demand or notice take immediate possession of, and remove any or all of, the Equipment and return it to Owner’s facility, without liability for damages in trespass or otherwise, and without thereby waiving any claim Owner may have against Customer. Customer shall be responsible for all direct and indirect costs along with general and consequential damages, including reasonable attorneys’ fees and court costs, from Customer’s breach of or default in any of the terms and conditions of this Contract.
Default Damages. Should Seller fail to fulfill Seller’s obligations hereunder, Buyer may elect to terminate this Agreement and receive a refund of the Deposit or to pursue all available remedies, including specific performance and collection of Buyer’s reasonable attorney’s fees and costs. Should Buyer fail to fulfill Buyer’s obligations hereunder, Seller shall retain the Deposit as liquidated damages as Seller’s sole and exclusive remedy at law or in equity without further recourse to Buyer and Buyer shall be relieved of all obligations hereunder except for such obligations as by their terms survive termination of this Agreement.
Default Damages. If the Evergreen or Bxxxxx Road shall fail to fulfill their respective agreements and/or obligations hereunder, MassDevelopment may terminate the Agreements hereunder upon notice to Bxxxxx Road and Evergreen. In such event, Mass Development shall have the right to pursue all remedies available to it at law or in equity with respect to its claims under the Devens Agreements in the Bankruptcy Case. If MassDevelopment shall fail to fulfill MassDevelopment’s agreements and/or obligations hereunder, and the sale contemplated hereby is not consummated because of default by MassDevelopment in its obligation to sell the Property in accordance with these Terms, then, Evergreen and Bxxxxx Road may: (a) terminate the Agreements hereunder by giving written notice thereof to MassDevelopment, and the parties shall have no further obligations to each other except as expressly survive any such termination; or (b) waive such default and consummate the transactions contemplated hereby in accordance with these terms. MassDevelopment acknowledges and agrees that any breach of these Terms by MassDevelopment would give rise to irreparable harm for which money damages would not be an adequate remedy, and, accordingly agrees that, in addition to any other remedies, Evergreen shall be entitled to enforce the terms of these Terms with respect to any breach of this Agreement by MassDevelopment by a decree of specific performance without the necessity of proving the inadequacy of money damages as a remedy. If the Closing fails to occur due to a breach by a dispute between Evergreen and Bxxxxx Road, MassDevelopment may terminate this Agreement and there shall be no right of specific performance available against MassDevelopment. Upon such termination and rejection or deemed rejection of the Lease, the Property, including all improvements thereon, shall be governed by the terms of Section I.b of the Settlement Agreement. In no event shall MassDevelopment be responsible to Evergreen or Bxxxxx Road for the cost of any improvements Evergreen may have made to the Property or for the costs of any studies, reports, or tests performed by Bxxxxx Road or for incidental or consequential damages.
Default Damages. A Practitioner who fails to begin or complete his or her SHARP service obligation or otherwise breaches the terms and conditions of this MOA, shall be in default of this MOA and liable for damages under this provision, as follows: the total of the amounts paid by the Alaska SHARP Program (including both United States HRSA funds and non-federal matching funds) to, or on behalf of, the Practitioner for loan repayments for any period of obligated service not served or during which the Practitioner is in default; an amount equal to the number of months of obligated service not completed multiplied by $7,500; and interest on the above amounts at the maximum legal prevailing rate, as determined by the U.S. Treasurer, from the date of breach, except that the amount the SHARP Program is entitled to recover shall not be less than $31,0005. If the Practitioner has signed the MOA but fails to begin clinical work at the Site, then the minimum penalty owed will be $31,000. In-kind repayment is not allowed. Further, the remaining planned but yet-to–be-distributed balance of contract’s funds will not be paid to or on behalf of the Practitioner. In addition to financial consequences, the following will occur: (1) the Practitioner will be recorded as having left program in the status of “Not In Good Standing”; (2) the Practitioner will be recorded as having defaulted on his/her SHARP service contract; (3) the SHARP Program may report this contractual default status to future or potential employer(s) and/or other support-for-service program(s) regardless of whether those program(s) are state, federal, private or blended; and (4) the Practitioner will be barred from future participation in the SHARP Program or any similar DHSS program.
