Liquidated Damages Remedy Sample Clauses

Liquidated Damages Remedy. The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of One Hundred Thousand Dollars ($100,000.00) as liquidated and actual damages which sum shall be in addition to any other remedies available to CITY as a result of such breach pursuant to this Section 26.
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs
Liquidated Damages Remedy. BUYER AND SELLER AGREE THAT: (A) IF BUYER BREACHES ITS OBLIGATIONS UNDER Section 34(a) ABOVE, THEN SELLER’S SOLE AND EXCLUSIVE REMEDY FOR SUCH BREACH SHALL BE TO RECOVER FROM BUYER LIQUIDATED DAMAGES IN THE AMOUNT OF $650,000 AND NOT AS A PENALTY; AND (B) BECAUSE OF THE NATURE OF THIS AGREEMENT, IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX SELLER’S ACTUAL DAMAGES IF SUCH A BREACH OCCURS AND THAT THEREFORE THE AMOUNT OF LIQUIDATED DAMAGES SPECIFIED ABOVE SHALL BE PRESUMED TO BE THE AMOUNT OF DAMAGES SELLER WOULD SUSTAIN BY REASON OF SUCH A BREACH AND REPRESENTS A REASONABLE ESTIMATE OF THOSE DAMAGES PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 THROUGH 1681. BUYER’S OBLIGATION TO PAY SUCH LIQUIDATED DAMAGES IS SECURED BY A DEED OF TRUST RECORDED AGAINST THE LAND IN THE FORM OF EXHIBIT “F” ATTACHED HERETO (“TRUST DEED”), AND SELLER WAIVES THE RIGHT TO OBTAIN A DEFIENCY JUDGEMENT AGAINST BUYER AFTER ANY FORECLOSURE OF THE TRUST DEED.
Sample 1
Liquidated Damages Remedy. INTEL’s sole remedy, and MICRON’s complete liability to INTEL, for any failure by MICRON to comply with its commitments or obligations with respect Sections 1.1, 1.2, 2.1 (limited to the provision of [*] Samples, respectively, only), and 2.2 (limited to [*] DDR2 volume production milestones, respectively, and aggregate DDR2 volume production through [*], only) hereof, shall be as set forth immediately below:
Sample 1
Liquidated Damages Remedy. The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the Term (as the same may be extended as set forth in the terms of the Development Agreement hereof) and in the manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of Two Hundred Forty Thousand Dollars ($240,000.00) as liquidated and actual damages which sum shall be in addition to any other remedies available to CITY as a result of such breach pursuant to this Section
Sample 1
Liquidated Damages Remedy 
Sample 1

Related to Liquidated Damages Remedy

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Additional Remedies The rights, powers and remedies given to Bank hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to Bank by law against Borrower or any other person, including but not limited to Bank's rights of setoff or banker's lien.

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