Liquidated Damages for Termination. Responsible Parties agree and understand that if their actions lead to termination of the agreement by Pacific, or if they voluntarily terminate the agreement themselves, this will cause Pacific to incur losses of types and in amounts which are impossible calculate with certainty. For this reason, Responsible Parties agree that "liquidated" (that is, predetermined) damages represent a fair, reasonable and appropriate estimate of Pacific's losses in that situation. When this happens, Responsible Parties agree that they shall be liable to Pacific for liquidated damages in the amount of Five Hundred Dollars ($500.00) if the agreement is terminated for any reason between May 1, 2021 and July 14, 2021, and in the amount of One Thousand Dollars ($1,000.00) if the agreement is terminated for any reason on or after July 15, 2021. Such liquidated damages are not intended as a penalty, and Responsible Parties shall pay them to Pacific without limiting Pacific’s right to terminate this agreement for default as provided elsewhere in this agreement. Notwithstanding the foregoing, this Agreement may be terminated and no liquidated damages will be owed by the Responsible Parties under the following conditions:
Liquidated Damages for Termination. Responsible Parties agree and understand that if their actions lead to termination of the agreement by Pacific, or if the agreement is approved to be terminated, this will cause Pacific to incur losses of types and in amounts that are impossible to calculate with certainty. For this reason, Responsible Parties agree that "liquidated" (that is, predetermined) damages represent a fair, reasonable, and appropriate estimate of Pacific's losses in that situation. When this happens, Responsible Parties agree that they will be liable to Pacific for liquidated damages in the amount of One Thousand Dollars ($1,000.00) if the agreement is terminated for any reason on or after May 5, 2024. Agreements terminated on or after July 15, 2024 will be subject to fees in the amount of Two Thousand Dollars ($2000.00). Such liquidated damages are not intended as a penalty, and Responsible Parties will pay them to Pacific without limiting Pacific’s right to terminate this agreement for default as provided elsewhere in this agreement. Requests to terminate this Agreement are granted at the sole discretion of the Office of Residential Life and Housing’s Petition Review Committee under rare and extenuating circumstances and only after all other residential options have been explored. Notwithstanding the foregoing, this Agreement may be terminated, and no liquidated damages will be owed by the Responsible Parties under the following conditions:
Liquidated Damages for Termination. In the event (i) a party hereto in breach of this Agreement terminates a Service shown on the Services Schedule prior to the expiration of the full Service Term of the Service as provided in Section 2 (whether before or after commencement of the Service Term) or (ii) pursuant to Section 7(e) or 7(f), terminates a Service prior to the expiration of the full Service Term of the Service as provided in Section 2 (whether before or after commencement of the Service Term) because of the other party's breach of this Agreement, the breaching party shall pay the other liquidated damages calculated by first determining the average monthly charges, before discounts, for the Service for the twelve (12) full calendar months preceding the calendar month in which such early termination ("Early Termination") occurs. If the Service has not been provided by CSC to the Customer for at least twelve (12) fall calendar months prior to the month of termination, the average monthly charges shall be determined by using the actual monthly charges, before discounts, for the full calendar months, if any, in which the Service was provided and the non-breaching party's good faith estimate of the charges for the number of month(s) less than twelve in which the Service was not provided, based on said party's good faith projection of the volume of the Service the Customer would have required during such month(s) but for the Early Termination. The average monthly charge as so determined pursuant to the preceding paragraph shall be multiplied by fifty percent (50%). The resulting product shall then be multiplied by the number of calendar months in the Service Term (determined without regard to the Early Termination) for the Service following the month of the Early Termination, with any fractional months counted as full months for this purpose. The result of the preceding sentence shall be the amount of liquidated damages; such amount shall be paid in full by the breaching party to the non-breaching party prior to any Deconversion or termination with respect to the Service.
