General Damages. To the maximum extent permitted by Law, the Stripe Parties will not be liable to you or your Affiliates in relation to this Agreement or the Services during and after the Term (whether in contract, negligence, strict liability or tort, or on other legal or equitable grounds) for losses, damages, or costs exceeding in the aggregate the greater of (i) the total amount of Fees you paid to Stripe (excluding all pass-through fees levied by Financial Partners) during the 3-month period immediately preceding the event giving rise to the liability; and (ii) $500 USD.
General Damages. Pain and suffering and loss of amenities - $2,650,000 with interest thereon at 3% per annum from November 30, 2006 to May 6, 2011. • Handicap on the labour market/loss of earning capacity - $700,000 • Cost of future care - $936,000
General Damages. The trademark proprietor bears the burden of proving his loss on a balance of probabilities Compensatory principle: The amount of damages seeks to put the trade mark proprietor in the same position it would have been if the wrong(s) had not been committed
General Damages. General damages for the Seller are essentially the equivalent of specific performance for the Buyer. Most jurisdictions do not permit the Seller to bring an action of specific performance against the defaulting Buyer as money is considered fungible. The Seller is usually limited to the liquidated damages or other damages permitted under the Agreement. General damages is an amount equal to the difference between the contract price and the market value of the Assets if the market value of the Assets is less than the sales price of the Assets. If the agreement provides for general damages for the Buyer the measure is excess of the market value of the assets over the purchase price.
General Damages. To determine the appropriate quantum, the factors set out in Cornilliac v St Louis2 were instructive. Simply, the court proceeded by analyzing the evidence through these formative principles and, where there were evidentiary deficiencies; it used its best judicial judgment to arrive at the most suitable compensation for the claimant. The overly rehashed statement of principle that the purpose of damages is to put the claimant visited by the tort back into the position that she was in prior to its occurrence finds relevance herein. This court’s aim was to provide fair compensation to this claimant for the injuries sustained; the path for which was only achievable based on a proper balancing of the evidence and law.
General Damages. OBTAIN GENERAL DAMAGES AGAINST BUYER AND BUYER’S GUARANTOR (THE “GENERAL DAMAGE REMEDY”). GENERAL DAMAGES SHALL BE DEFINED AS THE SUM OF (A) THE DIFFERENCE BETWEEN (i)THE PURCHASE PRICE CONTAINED IN THIS AGREEMENT AND (ii) THE NET ACTUAL SALES PRICE RECEIVED BY SELLER IN AN ARM’S LENGTH, THIRD PARTY SALE CONSUMMATED BY SELLER AFTER BUYER’S FAILURE TO CLOSE HEREUNDER, PLUS (B) ALL OF SELLER’S COSTS PURSUANT TO SECTION 18.5, BELOW, INCLUDING, BUT NOT LIMITED TO, LEGAL PURSUIT COSTS IN THE ENFORCEMENT AND COLLECTION OF SUCH DAMAGES. SELLER’S INITIALS BUYER’S INITIALS
(a) Deposit as Security. In the event Seller claims that Buyer has defaulted under this Section 16, the Deposit shall remain in Escrow until the issuance of a final non-appealable judgment from a court of competent jurisdiction (the “Final Order”) with respect to the remedy exercised by Seller pursuant to this Section 16. Following the issuance of the Final Order, the Deposit shall be released to Seller to the extent of any damages awarded to Seller, and the net amount of the Deposit so released to Seller shall be credited against any damages awarded to Seller. Buyer and Buyer’s Guarantor shall remain responsible and liable to pay any and all damages in excess of the Deposit to Seller in accordance with the Final Order, including interest and Seller’s costs of enforcement and collection (“Excess Damages”). Any balance of the Deposit remaining after such credit shall be returned to Buyer.
General Damages. The Parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting Party shall be liable to the other Party for all damages or Losses which constitute direct and/or general damages. Notwithstanding anything contained to the contrary in this Agreement, the Parties agree that the following instances of Losses or damages, amongst others, shall be considered direct and/or general damages, irrespective of whether such costs are in fact direct, general, special, indirect or consequential damages: any incremental administrative activities and associated costs properly incurred by the Service Recipient (or any of its Affiliates) for the purpose of rectifying a breach by the Provider of its obligations to provide the Services in accordance with the Agreement; all costs associated with the recreating or reloading any of Service Recipient's lost or damaged Data; all costs and expenses in implementing any Work-Arounds in respect of a failure to provide the Services; the costs of replacing lost or damaged equipment, software or other materials; all costs and expenses incurred to correct errors in hardware maintenance, software maintenance and/or enhancements provided as part of the Services; the costs and expenses incurred to procure the Services from an alternate source; and all time costs, overtime and/or related expenses incurred by Service Recipient in respect of the Employees and other resources which it deploys in responding to or mitigating the consequences of any Service failure.
General Damages. The Nature and Extent of Injuries
General Damages. Damages that occur in bedrooms will be charged to the individual living in the room. Damages to common areas and washrooms will be divided between all residents living in the Residence unless the responsible individual contacts the Residence office. Cleaning and Maintenance - You are expected to keep your room and the common areas clean and tidy at all times. Common areas are a shared responsibility between all roommates. Your responsibilities include emptying the garbage, vacuuming, dusting, keeping fridge and stove clean, washing floors, bathroom cleaning and any other cleaning requirements. Residents are required to clean up immediately after cooking or preparing food and to wash their dishes immediately and put them away. Room 1 – Upstairs Room 2 – Upstairs Room 3 – Upstairs Room 5 – Downstairs Room 6 – Downstairs
General Damages. General damages are damages that flow from a breach. The non-breaching party is entitled to expectancy damages under the terms of the contract. Developer is able to receive the difference between the contract price and the new contract price. Painter and Developer’s contract was for $40,000. Xxxxxxxxx had to pay another painter to complete the building. Based on the facts he paid Painter one-half of the contract price, thus, we can infer that the apartment was one-half painted. Developer had to pay an additional $30,000 for the remaining one-half of the apartment building to be painted. This shows that Developer paid $50,000 for the apartment to be completely painted. Thus, the general damages under the contract would be $10,000.