Common use of Remedy for Violation Clause in Contracts

Remedy for Violation. In addition to all other remedies available to Autodesk at law or in equity or this VAR Agreement, including termination of the Agreement, in the event that VAR violates any of the provisions of this Section 3 or the Channel Partner Policies and Procedures, VAR shall pay to Autodesk, as liquidated damages and not as a penalty, an amount equal to the difference between the then-current Autodesk suggested retail price and the price VAR actually paid for the Autodesk software product used, procured or distributed in contravention of this Section 3 or the sum of $500.00 for each copy of the Autodesk software product used, procured or distributed in contravention of this Section 3, whichever is greater. Additionally, VAR shall not be eligible for certain VAR Benefits as determined by Autodesk for, at a minimum, the remainder of the Autodesk fiscal quarter in which the violation occurred (or the remainder of the Autodesk fiscal quarter in which Autodesk learned of such violation by VAR) and the subsequent Autodesk fiscal quarter.

Appears in 2 contracts

Samples: Authorized Value Added Reseller Agreement (Avatech Solutions Inc), Authorized Value Added Reseller Agreement (Avatech Solutions Inc)

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Remedy for Violation. In addition to all other remedies available to Autodesk at law or in equity or this VAR Agreement, including termination of the Agreementtermination, in the event that VAR violates any of the provisions of this Section subsection 3 or the Channel Partner Policies and Procedures, VAR shall pay to Autodesk, as liquidated damages and not as a penalty, an amount equal to the difference between the then-current Autodesk suggested retail price and the price VAR actually paid for the Autodesk software product used, procured or distributed in contravention of this Section 3 or the sum of $500.00 for each copy of the Autodesk software product used, procured or distributed in contravention of this Section 3, whichever is greater. Additionally, VAR shall not be eligible for certain VAR Benefits as determined by Autodesk Co-op for, at a minimum, the remainder of the Autodesk fiscal quarter in which the violation occurred (or the remainder of the Autodesk fiscal quarter in which Autodesk learned of such violation by VAR) and the subsequent Autodesk fiscal quarter.

Appears in 2 contracts

Samples: Authorized Channel Partner Agreement, Authorized Channel Partner Agreement (Avatech Solutions Inc)

Remedy for Violation. In addition to all other remedies available to Autodesk at law or in equity or this VAR Agreement, including termination of the Agreementtermination, in the event that VAR violates any of the provisions of this Section subsection 3 or the Autodesk Channel Partner Policies and Procedures, VAR shall pay to Autodesk, as liquidated damages and not as a penalty, an amount equal to the difference between the then-current Autodesk suggested retail price and the price VAR actually paid for the Autodesk software product used, procured or distributed in contravention of this Section 3 or the sum of $500.00 for each copy of the Autodesk software product used, procured or distributed in contravention of this Section 3, whichever is greater. Additionally, VAR shall not be eligible for certain VAR Benefits as determined by Autodesk Co-op for, at a minimum, the remainder of the Autodesk fiscal quarter in which the violation occurred (or the remainder of the Autodesk fiscal quarter in which Autodesk learned of such violation by VAR) and the subsequent Autodesk fiscal quarter.

Appears in 1 contract

Samples: Authorized Channel Partner Agreement (Avatech Solutions Inc)

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Remedy for Violation. In addition to all other remedies available to Autodesk at law or in equity or this VAR ASC Agreement, including termination of the Agreementtermination, in the event that VAR ASC violates any of the provisions of this Section subsection 3 or the Autodesk Channel Partner Policies and Procedures, VAR ASC shall pay to Autodesk, as liquidated damages and not as a penalty, an amount equal to the difference between the then-current Autodesk suggested retail price and the price VAR ASC actually paid for the Autodesk software product used, procured or distributed in contravention of this Section 3 or the sum of $500.00 for each copy of the Autodesk software product used, procured or distributed in contravention of this Section 3, whichever is greater. Additionally, VAR ASC shall not be eligible for certain VAR Benefits as determined by Autodesk Co-op for, at a minimum, the remainder of the Autodesk fiscal quarter in which the violation occurred (or the remainder of the Autodesk fiscal quarter in which Autodesk learned of such violation by VARASC) and the subsequent Autodesk fiscal quarter.

Appears in 1 contract

Samples: Autodesk Authorized Channel Partner Agreement (Avatech Solutions Inc)

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