Liquidating Damages Sample Clauses

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.
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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.
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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
Sample 1
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.
Sample 1
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.
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Related to Liquidating Damages

  • Consequential Losses Except as otherwise specifically provided herein, neither Party shall be liable to the other Party for any indirect, incidental or consequential loss or damages irrespective of the causes, thereof including fault or negligence.

  • Termination Damages If the Term of this Lease is terminated for default, unless and until Landlord elects lump sum liquidated damages described in the next paragraph, Tenant covenants, as an additional, cumulative obligation after any such termination, to pay punctually to Landlord all the sums and perform all of its obligations in the same manner as if the Term had not been terminated. In calculating such amounts Tenant will be credited with the net proceeds of any rent then actually received by Landlord from a reletting of the Premises after deducting all Rent that has not then been paid by Tenant, provided that Tenant shall never be entitled to receive any portion of the re-letting proceeds, even if the same exceed the Rent originally due hereunder.

  • Actual Damages Contractor is liable to CMHA for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, CMHA may substitute the services and/or material from a third party. CMHA may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • Limitation on Consequential Damages NEITHER PARTY WILL HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), REPRESENTATION, STRICT LIABILITY OR PRODUCT LIABILITY), FOR COVER OR FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, MULTIPLIED, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF A PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THESE EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

  • Consequential Loss Notwithstanding anything contained in this Agreement, neither Party shall be liable to the other Party for any indirect, special, consequential, punitive, and/or exemplary damages or losses arising from any act or omission by that Party relating to this Agreement and each Party (the “Indemnifying Party”) shall defend, indemnify and hold the other Party (the “Indemnified Party”) harmless in respect of any and all such indirect, special, consequential, punitive, and/or exemplary damages or losses suffered or incurred by the Indemnifying Party (provided that nothing in this Clause 16 shall relieve any Party from any express obligation under this Agreement to make any payment to another).

  • Limitation of Consequential Damages EXCEPT FOR (A) THIRD PARTY CLAIMS THAT ARE SUBJECT TO INDEMNIFICATION UNDER THIS ARTICLE 10, (B) CLAIMS ARISING OUT OF A PARTY’S WILLFUL MISCONDUCT OR FRAUD UNDER THIS AGREEMENT, (C) A PARTY’S BREACH OF ARTICLE 4, (D) NOVARTIS’ BREACH OF SECTION 6.5, OR (E) CLAIMS ARISING OUT OF A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, NEITHER PARTY NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO THE OTHER PARTY TO THIS AGREEMENT OR ITS AFFILIATES FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), INDEMNITY OR CONTRIBUTION, AND IRRESPECTIVE OF WHETHER THAT PARTY OR ANY REPRESENTATIVE OF THAT PARTY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF, ANY SUCH LOSS OR DAMAGE.

  • Waiver of Punitive Damages Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect damages relating to any such matters under any theory of liability.

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

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