Recoverable Amount Clause Samples

Recoverable Amount. Neither Buyer nor Seller shall be entitled to recover from Seller or Buyer, respectively, for any losses, costs, expenses, or damages arising under this Agreement or in connection with or with respect to the transactions contemplated in this Agreement any amount in excess of the actual compensatory damages, court costs and reasonable attorney fees, suffered by such party. Buyer and Seller shall have no right to recover punitive, special, exemplary and consequential damage arising in connection with or with respect to the transactions contemplated in this Agreement.

Recoverable Amount. If we terminate this Agreement under clause 16(2) we are entitled to payment, as liquidated loss of bargain damages, of the "Recoverable Amount" being the aggregate of: (1) any rent instalments and any other money then accrued due but not paid any interest payable on it (including any interest on the Recoverable Amount, if not paid when due); and (2) as liquidated loss of bargain damages, the aggregate of the rent instalments not then accrued due rebated to reflect the then value ascertained by applying the Implicit Interest Rate less 2.5% per annum to each such instalment over the period by which the date for payment of it is, by virtue of this clause, brought forward (together with an amount equal to any stamp duty payable in respect of such rebated total); and (3) such additional amount as we determine to be reasonable compensation for our cost associated with the early termination being: (a) where the Rental Agreement has a term of less than 6 years, an amount equivalent of one month’s rental payment; or (b) where the Rental Agreement has a term of 6 years or more, an amount which we advise to you at the time of termination as being our cost of early termination.