Common use of Liquidated Damages and Injunctive Relief Clause in Contracts

Liquidated Damages and Injunctive Relief. The Cooperative shall be entitled to relief under Kansas Statutes, Section 17-1616 including injunctive relief or a decree of specific performance in the event of any breach of this Agreement. It is further agreed that in the event of any breach of this Agreement, because of the impossibility of ascertaining with accuracy the damages resulting from such a breach, the Cooperative shall be entitled, as liquidated damages, to an amount equal to twenty dollars ($20) per head of cattle or twenty-five percent (25%) of the market value of the cattle which the Producer has failed to deliver or improperly furnished under the terms of this Agreement, provided however the Board may by resolution exempt from breach and liquidated damages a certain amount or percentage of the cattle required to be delivered based on accepted production losses. The greater amount of liquidated damages applies if the Board of Directors determines the breach is willful, the reason of the breach was to take advantage of higher markets elsewhere, or the Producer is abandoning the Member's contractual duties to the Cooperative and other members of the Cooperative. Should the non-performance by the Producer of his or her obligations under this Agreement result in the termination of his or her membership in the Cooperative, the Producer agrees that, in addition to any other remedies available to the Cooperative, the amount of damages as he or she may become obligated to pay the Cooperative shall be credited to the Cooperative against the Producer's stock or other evidences of equity. The Producer agrees to pay all reasonable legal costs and expenses, including attorneys' fees and court costs, incurred by the Cooperative in any action brought by the Cooperative against the Producer for any breach or threatened breach of this Agreement.

Liquidated Damages and Injunctive Relief. The Cooperative Producer acknowledges that monetary damages may not be a sufficient remedy for the Producer's failure to deliver cattle in accordance with the terms and conditions of this Agreement or for other breach of this Agreement, and that USPB shall be entitled entitled, in addition to relief under Kansas Statutesall other rights or remedies in law and equity, Section 17-1616 including to seek injunctive relief or relief, a decree of specific performance or other equitable relief, without the necessity of posting a bond in the event of any breach of this Agreementconnection with that right or remedy. It is further agreed that in the event of any breach of this Agreement, because of the impossibility of ascertaining with accuracy the damages resulting from such a breach, the Cooperative USPB shall be entitled, as liquidated damages, to an amount equal to twenty dollars ($20) per head of cattle or twenty-five percent (25%) of the market value of the cattle which the Producer has failed to deliver or improperly furnished under the terms of this Agreement, provided however the Board at its discretion may by resolution exempt from breach and liquidated damages a certain amount or percentage of the cattle required to be delivered based on accepted production losseslosses or reduce the amount based on market or economic factors on a case by case basis. The greater amount of liquidated damages in the previous sentence applies if the Board of Directors determines the breach is willful, the reason of the breach was to take advantage of higher markets elsewhere, or the Producer is abandoning the MemberProducer's contractual duties to the Cooperative USPB and other members or unitholders of the CooperativeUSPB. Should the non-performance non‑performance by the Producer of his his, her, or her its obligations under this Agreement result in the termination of his his, her, or her its membership in the CooperativeUSPB, the Producer agrees that, in addition to any other remedies available to the CooperativeUSPB, the amount of damages as he or she may become obligated to pay the Cooperative shall USPB may be credited to the Cooperative offset by USPB in USPB's discretion against the Producer's stock units in USPB or other evidences of equity. The Producer agrees to pay all reasonable legal costs and expenses, including attorneys' fees and court costs, incurred by the Cooperative USPB in any action brought by the Cooperative USPB against the Producer for any breach or threatened breach of this Agreement.