Common use of Limitation of Damages for Terminations Clause in Contracts

Limitation of Damages for Terminations. Except for automatic termination as defined in Article VII of this Agreement, in the event of a termination by the University, with or without cause, damages which may be assessed against the University (or anyone connected with the University) shall not include loss of any collateral business opportunity, or of extra compensation (regardless of source) or any other benefits (whether contemplated by this Agreement or not) from any source outside the University. Nothing herein shall be deemed to be an acknowledgement that any damages whatsoever are available in the event the termination is for cause. Employee agrees to waive and hereby do waive any claim to punitive damages. Any payment to Employee by University under this Article VII shall be considered liquidated damages, in lieu of all other forms of damages or expenses, and the parties agree that Employee’s acceptance thereof shall constitute adequate and reasonable compensation to Employee for all damages, expenses and/or injury suffered by Employee because of said termination by the University. In no case shall the University be liable for the loss of any collateral business opportunities or any other benefits or income resulting from activities such as, but not limited to, Women’s Volleyball camps, clinics, media appearances, apparel or shoe contracts, consulting relationships, or from any other sources that may ensue as a result of the University’s termination of this Agreement. The foregoing is not, nor shall it be construed to be, a penalty.

Limitation of Damages for Terminations. Except for automatic termination as defined in Article VII of this Agreement, in the event of a termination by the University, with or without cause, damages which may be assessed against the University (or anyone connected with the University) shall not include loss of any collateral business opportunity, or of extra compensation (regardless of source) or any other benefits (whether contemplated by this Agreement or not) from any source outside the University. Nothing herein shall be deemed to be an acknowledgement that any damages whatsoever are available in the event the termination is for cause. Employee agrees to waive and hereby do waive any claim to punitive damages. Any payment to Employee by University under this Article VII shall be considered liquidated damages, in lieu of all other forms of damages or expenses, and the parties agree that Employee’s acceptance thereof shall constitute adequate and reasonable compensation to Employee for all damages, expenses and/or injury suffered by Employee because of said termination by the University. In no case shall the University be liable for the loss of any collateral business opportunities or any other benefits or income resulting from activities such as, but not limited to, Women’s Volleyball Wrestling camps, clinics, media appearances, apparel or shoe contracts, consulting relationships, or from any other sources that may ensue as a result of the University’s termination of this Agreement. The foregoing is not, nor shall it be construed to be, a penalty.

Limitation of Damages for Terminations. Except for automatic termination as defined in Article VII of this Agreement, in the event of a termination by the University, with or without cause, damages which may be assessed against the University (or anyone connected with the University) shall not include loss of any collateral business opportunity, or of extra compensation (regardless of source) or any other benefits (whether contemplated by this Agreement or not) from any source outside the University. Nothing herein shall be deemed to be an acknowledgement that any damages whatsoever are available in the event the termination is for cause. Employee agrees to waive and hereby do waive any claim to punitive damages. Any payment to Employee by University under this Article VII shall be considered liquidated damages, in lieu of all other forms of damages or expenses, and the parties agree that Employee’s acceptance thereof shall constitute adequate and reasonable compensation to Employee for all damages, expenses and/or injury suffered by Employee because of said termination by the University. In no case shall the University be liable for the loss of any collateral business opportunities or any other benefits or income resulting from activities such as, but not limited to, WomenMen’s Volleyball Tennis camps, clinics, media appearances, apparel or shoe contracts, consulting relationships, or from any other sources that may ensue as a result of the University’s termination of this Agreement. The foregoing is not, nor shall it be construed to be, a penalty.

Limitation of Damages for Terminations. Except for automatic termination as defined in Article VII of this Agreement, in the event of a termination by the University, with or without cause, damages which may be assessed against the University (or anyone connected with the University) shall not include loss of any collateral business opportunity, or of extra compensation (regardless of source) or any other benefits (whether contemplated by this Agreement or not) from any source outside the University. Nothing herein shall be deemed to be an acknowledgement that any damages whatsoever are available in the event the termination is for cause. Employee agrees to waive and hereby do waive any claim to punitive damages. Any payment to Employee by University under this Article VII shall be considered liquidated damages, in lieu of all other forms of damages or expenses, and the parties agree that Employee’s acceptance thereof shall constitute adequate and reasonable compensation to Employee for all damages, expenses and/or injury suffered by Employee because of said termination by the University. In no case shall the University be liable for the loss of any collateral business opportunities or any other benefits or income resulting from activities such as, but not limited to, Women’s Volleyball Softball camps, clinics, media appearances, apparel or shoe contracts, consulting relationships, or from any other sources that may ensue as a result of the University’s termination of this Agreement. The foregoing is not, nor shall it be construed to be, a penalty.