Common use of No Penalty Clause in Contracts

No Penalty. The parties agree that Cancellation Fees: (a) constitute liquidated damages, not a penalty; (b) such damages bear a reasonable and appropriate relationship to the range of harm arising from cancellation; (c) such damages have been reasonably anticipated by the parties as of the Effective Date; and, (d) actual damages for such harm may be costly, inconvenient or difficult to prove or foresee. The parties further agree that payment of Cancellation Fees shall be in lieu of any actual damages arising solely from a termination of the Agreement. For any termination of the Agreement by Customer, for BluIP’s Default pursuant to Section 5.1(a) or Section 5.3, Customer shall have no obligation to BluIP for payment of Cancellation Fees; provided, however, that in no event shall Customer be relieved of any obligations and/or liabilities, nor shall BluIP be deemed to have waived its rights and remedies related to: fees for Services and Professional Services performed as of the date of Service termination; other Defaults that had occurred prior to such termination of the Agreement; or, any other obligations or liabilities that survive the termination of the Agreement.

No Penalty. The parties agree that Cancellation Fees: (a) constitute liquidated damages, not a penalty; (b) such damages bear a reasonable and appropriate relationship to the range of harm arising from cancellation; (c) such damages have been reasonably anticipated by the parties as of the Effective Date; and, (d) actual damages for such harm may be costly, inconvenient or difficult to prove or foresee. The parties further agree that payment of Cancellation Fees shall be in lieu of any actual damages arising solely from a termination of the Agreement. For any termination of the Agreement by Customer, for BluIP’s Default pursuant to Section 5.1(a) or Section 5.3, Customer shall have no obligation to BluIP for payment of Cancellation Fees; provided, however, that in no event shall Customer be relieved of any obligations and/or liabilities, nor shall BluIP be deemed to have waived its rights and remedies related to: fees for Services Equipment and Professional Services performed as of the date of Service subscription termination; other Defaults that had occurred prior to such termination of the Agreement; or, any other obligations or liabilities that survive the termination of the Agreement.