Liability Generally. Subject to the specific provisions of this Section 16, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the Non-Breaching Party as a result of the Breaching Party's failure to perform its obligations in the manner required by this Agreement and failure to cure such nonperformance as set forth in Section 17.1.1.
Appears in 2 contracts
Samples: Pledge Agreement (Pathnet Inc), Pathnet Inc
Liability Generally. Subject to the specific provisions of this Section 1615, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the Non-Breaching Party as a result of the Breaching Party's failure to perform its obligations in the manner required by this Agreement and failure to cure such nonperformance as set forth in Section 17.1.117.1.2.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Escrow Agreement (Pathnet Inc)
Liability Generally. Subject to the specific provisions of this Section 16SECTION 15, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the Nonnon-Breaching breaching Party as a result of the Breaching breaching Party's failure to perform its obligations in the manner required by this Agreement and failure to cure such nonperformance as set forth in Section 17.1.1SECTION 16.1.2.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Pathnet Inc
Liability Generally. Subject to the specific provisions of this Section 16, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the Non-Breaching Party as a result of the Breaching Party's failure to perform its obligations in the manner required by breach of this Agreement by the other Party and failure to cure such nonperformance breach as set forth in Section 17.1.117.1.2.
Appears in 1 contract
Samples: Escrow Agreement (Pathnet Inc)