Common use of Liquidated Damages - General Clause in Contracts

Liquidated Damages - General. 13.2.1. If the Company or charges the Management Venture to pay the liquidated damages amount pursuant to the provisions of this Section 13 this will not impair the entitlement of the Company to charge the Management Venture to pay compensation or enforce any relief whatsoever available to the Company pursuant to the provisions of this Agreement or pursuant to applicable Law, and charge the Management Venture to pay liquidated damages will not be construed as consent of the Company to a delay in execution of the Services or to the entrepreneur not complying with its obligations pursuant to the provisions of this Agreement. 13.2.2. The Company may charge, as set forth in this Section 13, in relation to a particular event or to a number of events, pursuant to the circumstances of the event, all pursuant to its exclusive discretion of the Company. 13.2.3. The Management Venture agrees and confirms that the liquidated damages amount agreed upon pursuant to this Section 13 are reasonable and were determined upon the signing date after calculating the damages, the losses and the costs that may be caused to the Company as a result of the events set forth in this Section 13, and therefore the payment of agreed upon liquidated damages will not be deemed as a fine and the payment of liquidated damages will not be conditioned upon presenting proof of any damage whatsoever. 13.2.4. The Company may set off the agreed upon liquidated damages amount from any consideration due to the Management Venture out of the Lien Funds or out of the guarantees, all pursuant to its exclusive discretion of the Company.

Appears in 3 contracts

Samples: Consulting and Management Services Agreement, Consulting and Management Services Agreement, Consulting and Management Services Agreement

AutoNDA by SimpleDocs

Liquidated Damages - General. 13.2.1. If the Company or charges the Management Venture to pay the liquidated damages amount pursuant to the provisions of this Section 13 this will not impair the entitlement of the Company to charge the Management Venture to pay compensation or enforce any relief whatsoever available to the Company pursuant to the provisions of this Agreement or pursuant to applicable Law, and charge the Management Venture to pay liquidated damages will not be construed as consent of the Company to a delay in execution of the Services or to the entrepreneur not complying with its obligations pursuant to the provisions of this Agreement. 13.2.2. The Company may charge, as set forth in this Section 13, in relation to a particular event or to a number of events, pursuant to the circumstances of the event, all pursuant to its exclusive discretion of the Company. 13.2.3. The Management Venture agrees and confirms that the liquidated damages amount agreed upon pursuant to this Section 13 are reasonable and were determined upon the signing date after calculating the damages, the losses and the costs that may be caused to the Company as a result of the events set forth in this Section 13, and therefore the payment of agreed upon liquidated damages will not be deemed as a fine and the payment of liquidated damages will not be conditioned upon presenting proof of any damage whatsoever. 13.2.4. The Company may set off the agreed upon liquidated damages amount from any consideration due to the Management Venture out of the Lien Funds or out of the guarantees, all pursuant to its exclusive discretion of the Company.

Appears in 1 contract

Samples: Consulting and Management Services Agreement

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!