Penalty for Breach. In case of circumvention, the Parties agree and guarantee that they will pay a legal monetary penalty that is equal to three (3) times the commission or fee the circumvented Party should have realized in such transactions, by the person(s) or entity(ies) engaged on the circumvention for each occurrence.7.
Penalty for Breach. In the event of breach of one or several commitments made pursuant to the provisions of this Instrument, the breaching Party, at the simple written request of the Parties or of the other Party, and without prejudice to any other of its/their rights (including the right to higher damages), will be obligated to pay, as penalty, to the complying party or complying Parties, which will take care of distribution internally, a single and total amount equal, for each breach, to 5% (five percent) of the amounts paid by the breaching Party for the acquisitions and subscriptions of shares made in the Company as of that date.
Penalty for Breach. If CP fails to deliver any product or Update, ------------------ including the initial version and any final Update after testing under Section 2.1(e), or otherwise fails to perform any material obligation hereunder within the time frame required under this Agreement, or in the event the ICQ Mail Service does not perform in accordance with requirements of Section 2.4 and Exhibits B and C in any material way, then the following provisions shall apply: (i) if any such delay or performance failure lasts for more than five (5) days during any calendar month, then, for the entire such calendar month, the revenue allocations under Section 6.1 and the prices payable by ICQ for Premium Services will be reduced as follows: (i) if there was no reduction in the prior calendar month, then CP's share of Net Advertising Revenues under Section 6.1 shall decrease by ****% of the **** (so that, if the share would otherwise be ****% of the Net Advertising Revenue for such month, it shall be reduced to ****% of such revenues) and the prices otherwise payable by ICQ under Section 6.2 shall be reduced by ****%; and (ii) if there was a reduction in the prior calendar month (i.e., there was a delay or failure in such prior calendar month), then CP's share of Net Advertising Revenues under Section 6.1 shall decrease by ****% of the **** (so that, if the share would otherwise be ****% of the Net Advertising Revenue for such month it shall be reduced to ****% of such revenues) and the prices otherwise payable by ICQ under Section 6.2 shall be reduced by ****%. In any month that there is a reduction pursuant to this Section 6.7, no Minimum Monthly Revenue shall be payable for such month. By way of example of the foregoing, if in three consecutive months, there are reductions under this Section 6.7, then in the first such month the reductions would be calculated under subpart (i) of the second preceding sentence and for the next two such months (and any subsequent consecutive month), the reductions would be calculated under subpart (ii) of the second preceding sentence. In calculating delays or failures hereunder there shall not be included any delay or failure to the extent CP can demonstrate that it was caused by the failure or delay of ICQ or AOL to perform any obligation hereunder.
Penalty for Breach. 1. The Student acknowledges and agrees that before the completion of her/his obligations under Article I of this Agreement and such other obligations as may from time to time be imposed by concerned University officials in the implementation of said Agreement, her/his transcripts of grades and/or diploma shall bear the statement “Subject to compliance with the Return Service Agreement.
Penalty for Breach. Xxxxxxxx acknowledges and agrees that should he breach any of the terms and provisions of any portion of this Agreement, or should he not fulfill any promise or agreement he makes in this Agreement, Xxxxxxxx, as a penalty, shall forfeit any sums due him but not yet paid pursuant to this Agreement, and he shall be responsible for reimbursing RGA for the monetary value of the consideration provided to him pursuant to this Agreement, including, but not limited to, any and all transition compensation, bonuses, benefits and the like.
Penalty for Breach. In the event of any breach of Sections 9.1 through 9.3, including without limitation, any actions by stockholders of Qualigen that result in a Sale Transaction without complying with Sections 9.1 through 9.3 above, or otherwise hinder the intent and purpose of the provisions of Sections 9.1 through 9.3 above, in addition to any other remedies available to Sekisui under the terms of this Agreement, including the right to specific performance and other equitable remedies, Sekisui shall be entitled to liquidated damages in the amount of three times any and all Financing Payments made to date. For the avoidance of doubt, this clause does not apply to a failure of the stockholders of Qualigen to approve a Sale Transaction proposed by Sekisui, so long as such stockholders did not approve a Sale Transaction on the same terms with a Third Party during the Term.
Penalty for Breach. 8.1 In the event that Support on the Spot fails to meet the SLA targets for clause 5.6 then Support on the Spot is liable to repay the “Consumer” 20% of the monthly service charge relating to that aspect of the service per additional hour that the SLA targets are not met, to the maximum of 80% of the monthly charge.
Penalty for Breach. If CARRIER, its independent contractors, subcontractors, owner operators or agents at any time while this OCA is effective or within one (1) year following termination of this OCA, directly or indirectly solicits or accepts JBHT Traffic as defined herein, JBHT shall be entitled to a commission of thirty-five percent (35%) of the linehaul revenue received by CARRIER on such JBHT Traffic. 4.3.
Penalty for Breach. The Renter may be subject to a penalty of $500 in addition to security deposit forfeiture. Incurred charges are due and payable no later than 7 days after the event, should the Renter breach the conditions of this agreement.
