Common use of Termination and Damages Clause in Contracts

Termination and Damages. This Agreement may be terminated at any time by mutual consent of the parties if evidenced in writing. In addition, the Owner may terminate this Agreement without penalty on sixty (60) days notice by the vote of the Majority in Interest of the Limited Partners, and the BUC Holders as defined in the Amended and Restated Agreement Of Limited Partnership Of Owner. In the event of Owner's termination of Manager pursuant to this paragraph, Owner shall be liable to pay the Manager the accrued amounts due Manager pursuant to this Agreement up to the day of termination, less the damages, if any, caused by any such breach or violation of this Agreement by Manager. Therefore, the parties agree that the liability of Manager for any breach or violation of this Agreement or duties hereunder shall be limited to the actual management fee received by Manager under this Agreement. Each party shall have all rights and remedies available to them under applicable laws. ATTORNEY FEES In the event that it is necessary for either the Owner or the Manager to maintain any lawsuit, action or proceeding upon this Agreement or if any appeal is taken therefrom, in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover, in addition to such other sums of money or performance due hereunder, such sums as the Court may adjudge reasonable as attorney's fees in said suit, action, proceeding or appeal.

Termination and Damages. This Agreement may be terminated at any time by mutual consent of the parties if evidenced in writing. In addition, the Owner may terminate this Agreement without penalty on sixty (60) days notice by the vote of the Majority in Interest of the Limited Partners, Partners and the BUC Buc Holders as defined in the Amended and Restated Agreement Of Limited Partnership Of Owner. In the event of Owner's termination of Manager pursuant to this paragraph, Owner shall be liable to pay the Manager the accrued amounts due Manager pursuant to this Agreement up to the day of termination, less the damages, if any, caused by any such breach or violation of this Agreement by Manager. Therefore, the parties agree that the liability of Manager for any breach or violation of this Agreement or duties hereunder shall be limited to the actual management fee received by Manager under this Agreement. Each party shall have all rights and remedies available to them under applicable laws. ATTORNEY FEES In the event that it is necessary for either the Owner or the Manager to maintain any lawsuit, action or proceeding upon this Agreement Agreement, or if any appeal is taken therefrom, in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover, in addition to such other sums of money or performance due hereunder, such sums as the Court may adjudge reasonable as attorney's fees in said suit, action, proceeding or appeal.

Termination and Damages. This Agreement may be terminated at any time by mutual consent of the parties if evidenced in writing. In addition, the Owner may terminate this Agreement without penalty on sixty (60) days notice by the vote of the Majority in Interest of the Limited Partners, and the BUC Holders as defined in the Amended and Restated Agreement Of Limited Partnership Of Owner. In the event of Owner's termination of Manager pursuant to this paragraph, Owner shall be liable to pay the Manager the accrued amounts due Manager pursuant to this Agreement up to the day of termination, less the damages, if any, caused by any such breach or violation of this Agreement by Manager. Therefore, the parties agree that the liability of Manager for any breach or violation of this Agreement or duties hereunder shall be limited to the actual management fee received by Manager under this Agreement. Each party shall have all rights and remedies available to them under applicable lawslaw. ATTORNEY FEES In the event that it is necessary for either the Owner or the Manager to maintain any lawsuit, action or proceeding upon this Agreement or if any appeal is taken therefrom, in connection with any controversy arising out of this Agreement, the prevailing party shall be entitled to recover, in addition to such other sums of money or performance due hereunder, such sums as the Court may adjudge reasonable as attorney's fees in said suit, action, proceeding or appeal.