Enforceability of Liquidated Damages. If the provisions for the payment of Liquidated Damages in this Agreement are held to be unenforceable, Seller agrees to pay to Buyer all actual damages suffered by Buyer due to the circumstances giving rise to the liability to pay Liquidated Damages (had they been enforceable) including loss of profit or income, loss of use, loss of production, loss of contracts and indirect and consequential damages but subject to the maximum amounts which would have been payable if the Liquidated Damages provisions had been enforceable.
Appears in 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase and Sale Agreement
