Liquidation Damages. Selling Shareholder and Placement Agent both acknowledge that it would be extremely impractical and difficult to ascertain the actual damages to be suffered by the Selling Shareholder if Placement Agent is found by an arbitrator or a court of competent jurisdiction to have breached any of the representations, warranties and covenants contained in Section 9 of this Agreement. Accordingly, should a breach of the representations of Section _____ be proven and Placement Agent found liable for said breach, Selling Shareholder and Placement Agent hereby agree that the damages shall be limited to an amount equal to the Cash Placement Fee received by Placement Agent pursuant to Section 3.4 of this Agreement plus the return to the Selling Shareholder of the Placement Agent Units received by Placement Agent pursuant to Section 3.4 of this Agreement (or, to the extent that the Placement Agent Units have already been sold by Placement Agent, the value, as defined below, of the Placement Agent Units), inclusive of all attorney's fees and cost of court. For purposes hereof, the value of the Placement Agent Common Stock shall be deemed to equal the lesser of (i) the aggregate share price of any Placement Agent Common Stock issued to Placement Agent or (ii) the market value of such Placement Agent Common Stock on the date that such shares were sold by Placement Agent, and in either case, the Placement Agent may return such Placement Agent Common Stock to the Selling Shareholder in lieu of any payment, as to the value of such Placement Agent Common Stock, for damages pursuant to this section. For purposes hereof, the value of each Warrant issued to Placement Agent which has been exercised by Placement Agent shall be the difference of (i) the market value of
Liquidation Damages. The parties hereto covenant and agree that, in the event the Company shall breach the terms of this Employment Contract or the Contract shall terminate under Section 8 (b), it shall pay to ORZA, as liquidated damages for such breach or termination, an amount equal to that which would have been received by him under Section 3(a) and 4 for then remaining Term of this Employment Contract, plus reasonable attorneys' fees, if any. Such amount shall be promptly paid upon a determination of breach or termination, but in no event later than thirty (30) days after such determination.
Liquidation Damages. Company and Agent both acknowledge that it would be extremely impractical and difficult to ascertain the actual damages to be suffered by Company if Agent is found by an arbitrator or a court of competent jurisdiction to have breached any of the representations, warranties and covenants contained in Section 13 of this instrument. Accordingly, should a breach of the representations of Section 13 be proven and Agent found liable for said breach, Company and Agent hereby agree that the damages shall be limited to an amount equal to the Cash Placement Fee received by Agent pursuant to Section 3.4 of this Agreement plus the return to the Company of the Agent Securities received by Agent pursuant to Section 3.4 of this Agreement (or, to the extent that the Agent Securities have already been sold by Agent, the value, as defined below, of the Agent Securities), inclusive of all attorney's fees and cost of court. For purposes hereof, the value of the Agent Common Stock shall be deemed to equal the lesser of (i) the aggregate Share Price of any Agent Common Stock issued to Agent or (ii) the market value of such Agent Common Stock on the date that such shares were sold by Agent, and in either case, the Agent may return such Agent Common Stock to the Company in lieu of any payment, as to the value of such Agent Securities, for damages pursuant to this Section. For purposes hereof, the value of each Warrant issued to Agent which has been exercised by Agent shall be the difference of (i) the market value of the Common Stock received upon such exercise on the date that such shares were sold by Agent, minus (ii) the Exercise Price of such Warrant. This provision is not to be construed as a penalty, but as full liquidated damages under Georgia law.
Liquidation Damages. The REC may impose liquidated damages should the Contractor fail to complete its contractual obligations, also with regard to the required quality level, according to the tender specifications. Respective provisions for liquidation damages shall be stipulated in each order form and specific contract, if and when applicable.
Liquidation Damages. (a) If, and to the extent, due solely to the fault or negligence of SELLER, Installation and Acceptance of any Initial Configuration does not occur upon the schedule set forth on Schedule G (as such period ---------- may be extended pursuant to Section 10.2(a) and Article 16 of the Acquisition Agreement), PURCHASER shall be entitled to, and SELLER shall pay to PURCHASER, damages in accordance with this Section 10.
(b) The parties agree that damages for delay are difficult to calculate accurately and, therefore, agree to fix as liquidated damages, and not as a penalty, an amount determined according to the table below. ------------------------------------ Weeks Late Liquidated Damages Percentage ------------------------------------ 1 ****** ------------------------------------ 2 and beyond ****** per week ------------------------------------ The amount of liquidated damages due and payable under this Section 10 shall be calculated by multiplying the applicable liquidated damages percentage, for each week of delay or fraction of a week, determined in accordance with the table above, by the aggregate of the total net purchase price, on a Network Element by Network Element basis and calculated in accordance with Schedule A hereto, of the Equipment and ---------- Software, which comprise or are to comprise an Initial Configuration and which has not completed Acceptance Testing upon the date scheduled as set forth on Schedule F as a result of such delay. Except as ---------- otherwise set forth in Section 24.1 of the Acquisition Agreement, liquidated damages under this Section 10 shall be PURCHASER's exclusive remedy for any delay by SELLER in delivering and installing the Initial Configuration. Liquidated Damages shall accrue under this Section 10 until such time as the delay period has ended, and the Liquidated Damages that may accrue under this Section 10 shall be limited in amount to ****** of cost of the aggregate Network Element associated with, and resulting in, such delay. The parties agree that SELLER will pay all liquidated damages owed pursuant to this Section 10 in cash.
Liquidation Damages. The client acknowledges and agrees that should a dress/es become damaged, lost, stolen or destroyed, it is their sole responsibility and that CBE will charge the client the Full Retail Value(as stated on the invoice emailed & enclosed with each shipment) of each dress. This amount represents liquidated damages and does not constitute a penalty.
Liquidation Damages. As ADOPTER(s), I/WE further agree to LIQUIDATION DAMAGES, to be paid to FTCR in the case of loss of this dog or breach of ANY terms of Adoption Agreement. Liquidation damages in the amount of $1000.00 (one thousand dollars) are to be paid to FTCR in the event of loss of this dog. Loss of said dog does not include accidental loss; theft, serious illness or death providing notification is received by FTCR as set out under the “LOSS” Section of this Adoption Agreement. This clause is to prevent any person from adopting a rescue dog and using said dog for any purpose other than family pet, or giving, selling, trading said dog to any person, individual, firm, business, corporation, organization, including any other animal agencies. I further agree to pay reasonable attorneys’ fees along with any court costs should it be necessary to enforce this contract through the court system, whether judgment is for or against FTCR.
Liquidation Damages. In case of default of this agreement, the defaulting party shall assume responsibility for the sanctions established in the Federal Law for the Protection of Industrial Property in force, the Federal Law of Personal Data held by Individuals, and all applicable laws. In addition to the above, the defaulting party shall be liable to pay damages resulting from its failure to comply or omission.
Liquidation Damages. Employee acknowledges that the Patient information contained in the Lists of Records of Employer is confidential and proprietary to Employer. Employee agrees not to copy either individually or through other, or publish or make extracts of, any portion of any such Lists or Records, compile a list from any such Lists or Records, memorize all or any portion of any such Lists or Records, or otherwise make any use of all or any portion of such Lists or Records except as is expressly authorized in writing by Employer. Employee agrees that Employer shall be entitled to an injunction to prevent a breach of the preceding sentence. Therefore, the parties agree that if Employee should breach this paragraph prior to the entry of and injunction, that Employee shall pay to Employer as liquidated damages (“Liquidated Damages”):
(a) $500.00 for each patient name (either with or without address or telephone number) which Employee himself or through other made unauthorized use thereof and in addition,
(b) $500.00 for each Patient to whom Employee himself or through other directs a telephone or in person solicitation, announcement, advertisement or other similar communication (the forgoing shall not apply to general solicitations made by Employee which happen to include a Patient). Notwithstanding the forgoing provisions of this Paragraph to the contrary, this Paragraph shall not apply to, and Employee shall not have any liability under this Paragraph with respect to, the following (w) incidental medical treatment (e.g. thyroid treatment) rendered by Employee to a Patient not involving Activation Therapy; (x) Employee Patients; (y) Patients who on their own initiative employ Physician after the end of the Employment Term to continue Activation Therapy services or other medical services; and/or (z) any activities arising four (4) or more years after the end of the Employment Term.
Liquidation Damages. The parties hereto covenant and agree that, in the event the Company shall breach the terms of this Agreement or the Agreement shall terminate under Section 8 (b), it shall pay to GABLX, xx liquidated damages for such breach or termination, an amount equal to that which would have been received by him under Section 3(a) and 4 for one half year. Such amount shall be promptly paid upon a determination of breach or termination, and in accordance with the Company's bi-weekly payroll system until such time as above noted amount has been paid in full.
