Liquidation of Damages Sample Clauses

Liquidation of Damages. Whenever a teacher wishes to be released from his contract, such request shall be made in writing and presented to the superintendent on or before the 14th calendar day following the third Friday in May. When such written request is received after the 14th calendar day following the third Friday in May, and is to take effect prior to the end of the next school term, the Board may seek to find a suitable replacement for the following year. If, in the judgment of the Board, a suitable replacement can be found, then the Board may release the teacher upon receipt of monetary consideration paid to the Board by the resigning teacher. This consideration shall be deemed liquidated damages and shall not be construed to be punitive in nature. The amount shall represent the parties’ approximation of the cost of securing a suitable replacement and shall be as follows:
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Liquidation of Damages. A teacher not facing discipline or discharge, at District 20 AA-D, Phillips County, Whitewater, Montana will be released from their teaching contract provided the teacher makes payment for liquidation of damages to the school district prior to release on the following schedule. The date the school district receives the teacher's letter requesting release is the date controlling on the following schedule. The teacher shall provide a minimum of two (2) weeks (10 school days) notice. Teachers wishing to be released from this contract from July 1st through August 16, will pay 4% of this contract as liquidated damages. Teachers wishing to be released from this contract after August 16 and/or during the school year will pay 10% of this contract as liquidated damages. The parties agree the school district incurs costs that are impractical or extremely difficult to fix when a teacher breaches contract. Liquidated damages are to cover the impractical or extremely difficult to fix cost. Jurisdiction and enforcement of this provision of the individual contract is through the 17th District Court, Phillips County, Malta, Montana, with the teacher being liable for all fees under the above schedule, court costs, interest, reasonable attorney fees of the school district and other actions the court deems appropriate. The court also has jurisdiction to award interest on any amount due and other actions the court deems appropriate. If the above conditions have been met, the Board shall accept the resignation of a teacher under contract and shall not attempt to have the teacher's certificate revoked or suspended.
Sample 1Sample 2See All (4)
Liquidation of Damages. 1. At such time as any licensed employee wishes to be released from his/her contract, such resignation shall be made in writing and presented to the Superintendent or his/her designee. 2. The Board must notify any teacher whose contract will not be renewed of the Board’s intent to non- renew the teacher’s contract by the third Friday in May. Any teacher who does not receive such notification has fourteen (14) days after the third Friday in May to resign or come under the Continuing Contract Law. Therefore, the fourteenth day after the third Friday in May becomes the statutory date for a teacher to resign without breaching his/her contract. 3. The board may accept the resignation of a teacher tendered after the statutory resignation deadline of each year upon receipt of: a. $2,250 for a resignation received between the deadline and June 30 inclusive, b. $2,250 plus $150 each week after June 30 for a resignation received between July 1 and August 20 inclusive,
Sample 1
Liquidation of Damages. In the event one party shall be in breach the Contract, the other entitled contracting party, except its own right to have all damages and lost reimbursed under the Slovak law, shall be also entitled under the Contract of Foundation and Contract of Partners.
Sample 1
Liquidation of Damages. While the losses to SA from a breach by Client of the provisions of Section 13 would be substantial, proving such damages would be costly, impractical and extremely difficult. Accordingly, the parties have agreed that, if during the term of this Agreement and for a one (1) year period thereafter Client, directly or indirectly (through any affiliate, related party or otherwise) breaches the provisions of Section 13, then Client will pay to SA a replacement and retraining fee in an amount equal to the total annualized compensation paid to or to be paid to such employee (or independent contractor). The parties agree that the replacement and retraining fee set forth above is a reasonable sum considering all of the circumstances existing on the date of this Agreement. Client agrees that SA shall be entitled to injunctive relief to enforce provisions of Section 13.
Sample 1

Related to Liquidation of Damages

  • Limitation of Damages NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY PUNITIVE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE, PROVIDED, HOWEVER, THAT SUCH LIMITATION SHALL NOT BE APPLICABLE WITH RESPECT TO THIRD PARTY CLAIMS MADE AGAINST A PARTY.

  • Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

  • 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.

  • Waiver of Damages In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives all claims for punitive, exemplary or consequential damages.

  • 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 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.

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