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. (The rest part of the page is intentionally left in blank) Signed for and on behalf of Bitmain Bitmain Technologies Limited Signature Title Signed for and on behalf of the Purchaser Axxx Alliance, Inc. Signature Title APPENDIX A APPENDIX B

Appears in 2 contracts

Samples: Non Fixed Price (Ault Global Holdings, Inc.), Non Fixed Price (Ault Global Holdings, 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. (The rest part of the page is intentionally left in blank) 21 / 27 Signed for and on behalf of Bitmain Bitmain Technologies Limited Signature Title Signed for and on behalf of the Purchaser Axxx Alliance, LM Funding America Inc. Signature Title 22 / 27 APPENDIX A APPENDIX BA

Appears in 2 contracts

Samples: Non Fixed Price (Lm Funding America, Inc.), Non Fixed Price (Lm Funding America, Inc.)

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. (The rest part of the page is intentionally left in blank) ​ 21 / 27 ​ Signed for and on behalf of Bitmain ​ ​ ​ ​ Bitmain Technologies Limited Signature Title ​ ​ ​ ​ ​ SignatureTitle ​ ​ ​ ​ ​ ​ Signed for and on behalf of the Purchaser Axxx Alliance, Inc. ​ ​ ​ ​ Lake Mariner Data LLC ​ ​ ​ Signature Title /s/ Xxxx Xxxxxxx ​ Name: Xxxx Xxxxxxx ​ Title: Secretary ​ ​ 22 / 27 ​ APPENDIX A APPENDIX BA

Appears in 1 contract

Samples: Non Fixed Price (Terawulf Inc.)

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. (The rest part of the page is intentionally left in blank) Signed for and on behalf of Bitmain Bitmain Technologies Limited Signature Title Signed for and on behalf of the Purchaser Axxx AllianceGryphon Digital Mining, Inc. Signature Title APPENDIX A APPENDIX BTitle

Appears in 1 contract

Samples: Sales and Purchase Agreement (Akerna Corp.)

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. (The rest part of the page is intentionally left in blank) Signed for and on behalf of Bitmain Bitmain Technologies Limited Signature Title Signed for and on behalf of the Purchaser Axxx AllianceGryphon Digital Mining, Inc. Signature Title APPENDIX A APPENDIX BA

Appears in 1 contract

Samples: 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 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) ​ ​ 21 / 27 Signed for and on behalf of Bitmain ​ ​ ​ Bitmain Technologies Limited ​ ​ Signature Title ​ ​ Title: ​ ​ ​ ​ ​ Signed for and on behalf of the Purchaser Axxx Alliance, Inc. ​ ​ ​ Lake Mariner Data LLC ​ ​ ​ Signature Title /s/ Xxxx Xxxxxxx ​ Name: Xxxx Xxxxxxx ​ Title: Secretary ​ APPENDIX A APPENDIX BA

Appears in 1 contract

Samples: Sales and Purchase Agreement (Terawulf Inc.)

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 Bitmain Technologies Limited Signature Title Signed for and on behalf of the Purchaser Axxx Alliance, Inc. Integrated Ventures Inc Signature Title APPENDIX A APPENDIX BA

Appears in 1 contract

Samples: Non Fixed Price (Integrated Ventures, Inc.)

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. (The rest part of the page is intentionally left in blank) Signed for and on behalf of Bitmain Bitmain Technologies Limited Signature Title Signed for and on behalf of the Purchaser Axxx Alliance, CleanSpark Inc. Signature Title APPENDIX A APPENDIX BAPPENDIX

Appears in 1 contract

Samples: Non Fixed Price (Cleanspark, Inc.)

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