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: 1. For resignations tendered between the 14th calendar day following the third Friday in May and June 15 – 3% of the teacher’s salary 2. For resignations tendered between June 16 and July 31 – 4% of the teacher’s salary 3. For resignations tendered after August 1 and before the start of school – 5% of the teacher’s salary 4. For resignations tendered during the school year and to take effect prior to the end of school – 6% of the teacher’s salary The Board reserves the right to refuse to accept a resignation if, in the Board’s opinion a suitable replacement cannot be found. The Board may make an exception, and waive the payment for liquidation as scheduled above, in cases of hardship circumstances on the part of the teacher.
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Liquidation of Damages. A teacher not facing discipline or discharge, at District 20 AA-D, Xxxxxxxx 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 00xx Xxxxxxxx Xxxxx, Xxxxxxxx Xxxxxx, 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.
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,
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.
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.

Related to Liquidation of Damages

  • Limitation of Damages THE LIABILITY OF THE SELLER SHALL NOT EXTEND TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFIT, DELAY OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE FAILURE OF ANY SHEET TO CONFORM TO THE PROVISIONS OF THIS LIMITED WARRANTY. SHEFFIELD SHALL NOT IN ANY EVENT BE LIABLE FOR THE COST OF LABOR EXPENDED BY OTHERS ON ANY DEFECTIVE PANEL OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE TO ANYONE BY REASON OF THE FACT THAT SUCH PANELS SHALL HAVE BEEN DEFECTIVE. THIS WARRANTY IS GIVEN AS THE EXCLUSIVE WARRANTY AND EXCLUSIVE REMEDY, AND NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR PURPOSES, ARE MADE, AND ANY SUCH OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED IN THIS INSTRUMENT. CUSTOMER WAIVES THE BENEFIT OF ANY RULE THAT THE DISCLAIMERS OF WARRANTY SHALL BE CONSTRUED AGAINST THE SELLER, AND AGREES THAT THE DISCLAIMERS IN THIS INSTRUMENT SHALL BE CONSTRUED LIBERALLY IN FAVOR OF SHEFFIELD. SHEFFIELD SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SHEFFIELD HEREBY DISCLAIMS ALL LIABILITIES FOR DAMAGES BASED ON THEORIES OF NEGLIGENCE AND STRICT PRODUCT LIABILITY.

  • Mitigation of Damages The Executive will not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise. Except as otherwise specifically provided in this Agreement, the amount of any payment provided for under this Agreement will not be reduced by any compensation earned by the Executive as the result of self-employment or employment by another employer or otherwise.

  • DISCLAIMER OF DAMAGES IN NO EVENT SHALL ST AND ITS AFFILIATES BE LIABLE TO THE LICENSEE AND ITS CUSTOMERS FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, LOSS OF BARGAIN OR OPPORTUNITY, PROFESSIONAL FEES OR EXPENSES, BUSINESS INTERRUPTION, LOST REVENUES OR SALES, DAMAGE TO PRODUCT OR EQUIPMENT OR TO FACILITIES, COSTS OF SUBSTITUTE PRODUCT, FACILITIES OR SERVICES, REWORK CHARGES, COSTS ASSOCIATED WITH DOWN TIME, LOSS OF GOODWILL, LOSS OF DATA OR FOR ANY DAMAGES COSTS OR EXPENSES ASSOCIATED WITH WARRANTY OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF LICENSEE HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH THIS PLLA. ST AND ITS AFFILIATES AGGREGATE AND CUMULATIVE LIABILITY UNDER THIS PLLA SHALL NOT EXCEED 100 USD (ONE HUNDRED USD). THE LIMITATIONS SET FORTH IN THIS ARTICLE 8 SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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