Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 32 contracts
Samples: Guaranty, Purchase and Sale Agreement, Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 5 contracts
Samples: Credit Purchase and Sale Agreement, Guaranty, Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.2 and Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 4 contracts
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 10.2 and Section 10.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.. FORCE MAJEURE
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement, Renewable Energy Credit Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.. FORCE MAJEURE
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 10.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.. FORCE MAJEURE
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 9.49.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 1 contract
Samples: Credit Purchase and Sale Agreement
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.2 and Section 9.4 shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 1 contract
Samples: Guaranty
Not a Penalty. The Parties acknowledge that (a) the Non-Defaulting Party shall be damaged by the Defaulting Party, (b) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom, (c) the remedies specified herein are fair and reasonable and do not constitute a penalty and (d) the remedies specified in Section 9.4 9.4The Parties intend that no part of this Article Five or any amount due thereunder represents a penalty to the Defaulting Party or Potentially Defaulting Party. shall be the Non-Defaulting Party’s sole and exclusive remedy in the Event of Default.
Appears in 1 contract
Samples: Renewable Energy Credit Agreement
