Liquidated Damages Remedy for Non-Relocation Default Sample Clauses

Liquidated Damages Remedy for Non-Relocation Default. (a) Club and the PFD acknowledge that in the event of a Non-Relocation Default for which the PFD is denied the equitable relief set forth in Section 4.1, the payment of liquidated damages therefor by Club is the next most appropriate remedy. Therefore, if a court of competent jurisdiction determines, in a final and non-appealable order, which shall include for the avoidance of doubt any order made final and non-appealable by the PFD and Club not appealing such order (a “Final Order”), that (i) Club has committed a Non-Relocation Default and (ii) the equitable relief described in Section 4.1 will not be granted, or is otherwise unavailable, to the PFD, Club, within forty-five (45) days of both conditions being satisfied, shall pay liquidated damages to the PFD in an amount equal to the applicable amount set forth on Exhibit A attached hereto. To the extent the PFD is required to refund or disgorge (as a result of the bankruptcy of Club or otherwise) any amount paid in connection with the payment of the liquidated damages hereunder, Club shall remain subject to the Non-Relocation Covenants until such amount required to be refunded or disgorged is paid in full.
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Related to Liquidated Damages Remedy for Non-Relocation Default

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