Liquidating Damages Clause Samples
A Liquidating Damages clause establishes a predetermined amount of compensation that one party must pay to the other if specific contractual obligations are not met, typically in cases of delay or non-performance. This clause sets out in advance the financial consequences for breaches such as late delivery of goods or services, making the damages calculable and avoiding the need for lengthy disputes over actual losses. Its core practical function is to provide certainty and efficiency by clearly defining the financial risk associated with a breach, thereby streamlining enforcement and reducing litigation over damages.
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Liquidating Damages. Should Seller's failure to deliver occur on a Day Buyer is unable, utilizing reasonable efforts, to obtain a delivered substitute supply, then in addition to any amounts owed by Seller to Buyer pursuant to Section 2.4.1, Seller shall pay to Buyer $ *** per MMBtu multiplied by the quantity Seller fails to deliver. Such amount represents Buyer's damages difficult to quantify and constitute liquidated damages and not a penalty.
Liquidating Damages. If Vendor fails to comply with shipping schedules and fill rates outlined in Purchase Orders it shall be considered a material breach of this Agreement and shall result in liquidating damages, outlined as follows. In the event of a said material breach of this Agreement by Vendor, RK shall be entitled to receive the greater of 5% of the underlying invoice or $500 as liquidated damages, in addition to any remedy outlined in Paragraph 11 above. The parties acknowledge that RK’s actual damages in the event of said material breach by Vendor under this Agreement will be difficult to ascertain, and that such liquidated damages represent the parties' best estimate of such damages. If Vendor violates this provision three times, then RK may Cancel all orders and discontinue business with Vendor.
Liquidating Damages.
1. Certified staff notifying the district of their intention to resign their position with the district by April 1 will be paid $350. Certified teachers who have been notified of non-renewal will not be eligible.
2. Certified staff requesting release after signing a contract for the following school year through May 31 shall be released from their contract upon remitting payment of a five hundred dollar ($500) certified check payable to the Lennox School District 41-4 as liquidated damages.
3. Certified staff requesting release June 1-June 30 shall be released from their contract upon remitting payment of a one thousand dollar ($1,000) certified check payable to the Lennox School District 41-4 as liquidated damages.
4. Certified staff requesting release July 1 –July 31 shall be released from their contract upon remitting payment of a one thousand five hundred dollar ($1,500) certified check payable to the Lennox School District 41-4 as liquidated damages.
5. Certified staff requesting release August 1 to the end of the school year shall be released from their contract upon remitting payment of a two thousand ($2,000) certified check payable to the Lennox School District 41-4 as liquidated damages.
6. Certified staff whose spouse is transferred out of the greater Sioux Falls metropolitan area after August 1 shall be released from their contract after written confirmation from the spouse's employer. The certified staff must remit the liquidated damages in the amount of five hundred ($500), by certified check, PRIOR to the release of their contract.
7. Certified staff have the option, upon written request, to have the liquidated damages deducted from their pay check.
8. There shall be NO liquidated damages for certified staff requesting release from their contract for reasons of health to self, spouse, or minor child, if verified in writing to the superintendent of schools from the certified staff's doctor that said instructor is unable to complete his/her contract due to health condition(s) of self, spouse or that of a minor child. The Lennox School District 41-4 reserves the right to request a second medical opinion at the district's expense.
Liquidating Damages.
1. Certified staff notifying the district of their intention to resign their position with the district by April 1 will be paid five hundred dollars ($500). Certified teachers who have been notified of non-renewal will not be eligible.
2. Certified staff requesting release after signing a contract for the following school year shall be released from their contract upon remitting payment of a five thousand dollar ($5,000) certified check payable to the Lennox School District 41-4 as liquidated damages.
3. Certified staff whose spouse is transferred out of the greater Sioux Falls metropolitan area, after signing a contract through July 31, will be released from their contract with no liquidating damages. Certified staff whose spouse is transferred out of the greater Sioux Falls metropolitan area after August 1 shall be released from their contract after written confirmation from the spouse’s employer. The certified staff must remit the liquidated damages in the amount of one thousand two hundred fifty dollars ($1,250), by certified check, PRIOR to the release of their contract.
4. Certified staff have the option, upon written request, to have the liquidated damages deducted from their pay check.
5. There shall be NO liquidated damages for certified staff requesting release from their contract for reasons of health to self, spouse, or minor child, if verified in writing to the superintendent of schools from the certified staff's doctor that said instructor is unable to complete his/her contract due to health condition(s) of self, spouse or that of a minor child. The Lennox School District 41-4 reserves the right to request a second medical opinion at the district's expense.
Liquidating Damages. Once a contract is signed, it is assumed that a teacher will not breach or request a release during the term of the contract. It is mutually acknowledged that termination of a contract by a teacher prior to its completion results in damages to the District. While it is extremely difficult to calculate the actual cost to the District as a result of a release from or breach of contract, the District established the following liquidated damages for board approved release from contract and for breaches of contract. The board has the discretion to waive all or a portion of the liquidated damages. Date of contract for upcoming school year signed through June 14th $400.00 June 15th through June 30th $750.00 July 1st through July 31st $1,250.00 August 1st through term of active contract $2,000.00
