Common use of Limitations of Damages of the Company Clause in Contracts

Limitations of Damages of the Company. Notwithstanding Section 8.2(a), the Parties agree that the Company may be damaged in amounts that may be difficult or impossible to determine in the event that this Lease Agreement is terminated by the Company as a result of a BPDB Event of Default. Therefore, the Parties have agreed that the termination of this Lease Agreement and the remedies provided therefor under the Implementation Agreement, including, if applicable, the termination of the Implementation Agreement by the Company under Section 13.2 of the Implementation Agreement (and the termination of this Lease Agreement under Section 7.2(a)(iii)) and the payment to the Company by the GOB of the compensation provided under Section 14.1 of the Implementation Agreement as a result thereof, is in lieu of actual damages and any other liquidated damages which may otherwise be payable under this Lease Agreement in respect of such termination and the collection of such amount (and, if applicable, the termination of the Implementation Agreement) is the sole remedy of the Company in respect of such termination. The provisions of this Section 8.2 shall be without prejudice to any right or remedy of the Company which arises prior to termination of this Lease Agreement.

Appears in 5 contracts

Samples: Land Lease Agreement, Land Lease Agreement, Land Lease Agreement

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Limitations of Damages of the Company. Notwithstanding Section 8.2(a), the Parties agree that the Company may be damaged in amounts that may be difficult or impossible to determine in the event that this Lease Land Use Agreement is terminated by the Company as a result of a BPDB NCC Event of Default. Therefore, the Parties have agreed that the termination of this Lease Land Use Agreement and the remedies provided therefor under the Implementation Agreement, including, if applicable, the termination of the Implementation Agreement by the Company under Section 13.2 of the Implementation Agreement (and the termination of this Lease Land Use Agreement under Section 7.2(a)(iii)) and the payment to the Company by the GOB of the compensation provided under Section 14.1 of the Implementation Agreement as a result thereof, is in lieu of actual damages and any other liquidated damages which may otherwise be payable under this Lease Land Use Agreement in respect of such termination and the collection of such amount (and, if applicable, the termination of the Implementation Agreement) is the sole remedy of the Company in respect of such termination. The provisions of this Section 8.2 shall be without prejudice to any right or remedy of the Company which arises prior to termination of this Lease Land Use Agreement.

Appears in 2 contracts

Samples: Land Use Agreement, Land Use Agreement

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Limitations of Damages of the Company. Notwithstanding Section 8.2(a), the Parties agree that the Company may be damaged in amounts that may be difficult or impossible to determine in the event that this Land Lease Agreement is terminated by the Company as a result of a BPDB Event of Default. Therefore, the Parties have agreed that the termination of this Land Lease Agreement and the remedies provided therefor under the Implementation Agreement, including, if applicable, the termination of the Implementation Agreement by the Company under Section 13.2 of the Implementation Agreement (and the termination of this Land Lease Agreement under Section 7.2(a)(iii)) and the payment to the Company by the GOB of the compensation provided under Section 14.1 of the Implementation Agreement as a result thereof, is in lieu of actual damages and any other liquidated damages which may otherwise be payable under this Land Lease Agreement in respect of such termination and the collection of such amount (and, if applicable, the termination of the Implementation Agreement) is the sole remedy of the Company in respect of such termination. The provisions of this Section 8.2 shall be without prejudice to any right or remedy of the Company which arises prior to termination of this Land Lease Agreement.

Appears in 1 contract

Samples: Land Lease Agreement

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