Common use of Liquidated Damages Not Penalty Clause in Contracts

Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. Signed for and on behalf of Bitmain Signature Title Signed for and on behalf of the Purchaser Signature Title

Appears in 2 contracts

Samples: Sales and Purchase Agreement (Akerna Corp.), Sales and Purchase Agreement (Sphere 3D Corp)

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Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility non feasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. (The rest part of the page is intentionally left in blank) Signed for and on behalf of Bitmain Signature Title Signed for and on behalf of the Purchaser Signature Title

Appears in 1 contract

Samples: Sales and Purchase Agreement (Integrated Ventures, Inc.)

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Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. Signed for and on behalf of Bitmain Signature: /s/ Signature Unreadable Title : Signed for and on behalf of the Purchaser Signature Signature: /s/ Dxxxx Xxxxx Title: CFO

Appears in 1 contract

Samples: Sales and Purchase Agreement (Applied Blockchain, Inc.)

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