Termination Damages. If the Term of this Lease is terminated for default, unless and until Landlord elects lump sum liquidated damages described in the next paragraph, Tenant covenants, as an additional, cumulative obligation after any such termination, to pay punctually to Landlord all the sums and perform all of its obligations in the same manner as if the Term had not been terminated. In calculating such amounts Tenant will be credited with the net proceeds of any rent then actually received by Landlord from a reletting of the Premises after deducting all Rent that has not then been paid by Tenant, provided that Tenant shall never be entitled to receive any portion of the re-letting proceeds, even if the same exceed the Rent originally due hereunder.
Termination Damages. (a) If all conditions precedent to the obligations of Grantee set forth in Article 9 have been met and the transactions contemplated by this Agreement are not consummated on or before the Closing Date because of the negligent or willful failure of Grantee to perform any of its obligations hereunder in any material respect, or the material breach of any representation or warranty herein by Grantee, then in such event, Grantor shall have the option to terminate this Agreement, in which case Grantor may pursue all available legal and equitable remedies.
(b) If all conditions precedent to the obligations of Grantor set forth in Article 8 have been met and the transactions contemplated by this Agreement are not consummated on or before the Closing Date because of the negligent or willful failure of Grantor to perform any of its obligations hereunder in any material respect, or the breach of any representation or warranty herein by Grantor, then in such event, Grantee shall have the option to terminate this Agreement, in which case as Grantee may pursue all available legal and equitable remedies, including, without limitation, specific performance.
(c) Notwithstanding anything to the contrary in this Agreement, in no event shall any Party be entitled to receive any punitive, indirect or consequential damages unless same are a part of a third Person claim for which a Party is seeking indemnification hereunder, REGARDLESS OF WHETHER CAUSED OR CONTRIBUTED TO BY THE SOLE, JOINT, COMPARATIVE OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE OTHER PARTY, BUT EXPRESSLY EXCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Termination Damages. If this Agreement is terminated as a result of an Event of Default by one of the Parties, termination damages shall be determined. The amount of termination damages shall be calculated by the non-defaulting Party within a reasonable period after termination of the Agreement. Amounts owed pursuant to this section shall be due within five (5) Business Days after the non-defaulting Party gives the defaulting Party notice of the amount due. The non-defaulting Party shall under no circumstances be required to account for or otherwise credit or pay the defaulting Party for economic benefits accruing to the non-defaulting Party as a result of the defaulting Party's default.
Termination Damages. If this Lease is terminated for Tenant’s Event of Default, then unless and until Landlord elects lump sum liquidated damages described in the next paragraph, Tenant covenants, as an additional, cumulative obligation after any such termination, to pay punctually to Landlord all the sums and perform all of its obligations hereunder at the same time and in the same manner as if this Lease had not been terminated. In calculating such amounts, Tenant will be credited with the net proceeds of any rent then actually received by Landlord from a re-letting of the Premises after deducting all Rent and Reletting Expenses that have not then been paid by Tenant, provided that Tenant shall never be entitled to receive any portion of the re-letting proceeds, even if the same exceed the Rent originally due hereunder.
Termination Damages. Should User be found in violation of any of the provisions of this Rental Agreement, The Town of Salem NY (The Georgi) shall have the option, in its sole discretion to terminate the Agreement and User will forfeit all payments previously made to The Town of Salem NY (The Georgi) and shall remain liable for all rental fees and other expenses including legal fees incurred, whether or not the event actually occurs. Any and all legal proceedings shall be held in Salem, NY Town Court. Additionally, future events scheduled at facilities operated by The Town of Salem NY (The Georgi) may be cancelled at the sole discretion of The Town of Salem NY (The Georgi).
Termination Damages. If Licensee elects to terminate this SLA due to the Judicial Council’s default, Licensee shall fulfill its obligation under section 11.1 of this SLA and thereafter the Judicial Council shall pay Licensee Actual Damages.
Termination Damages. (a) If this Agreement is terminated by Seller as provided in Section 13.01(b), then Seller shall retain the Deposit as liquidated damages on account of such termination, which remedy upon such a termination by Seller shall be the sole and exclusive remedy available to Seller. Buyer and Seller acknowledge and agree that (i) Seller's actual damages upon such a termination are difficult to ascertain with any certainty, (ii) that the Deposit is a reasonable estimate of such actual damages and (iii) such liquidated damages do not constitute a penalty.
(b) If this Agreement is terminated as provided in Sections 13.01 (a), (c), (d), (e) or (f), then within three
Termination Damages. If this Agreement is terminated as a result of an Event of Default by one of the Parties, then the Non-Defaulting Party shall be entitled to exercise all rights and remedies provided for in this Agreement or available at law or in equity. Notwithstanding anything to the contrary contained in this Agreement, the Non-Defaulting Party shall under no circumstances be required to account for or otherwise credit or pay the Defaulting Party for economic benefits accruing to the Non-Defaulting Party as a result of the Defaulting Party’s Event of Default.
Termination Damages. In the event of any such termination, Landlord, thereupon or at any time thereafter, at its election and with or without notice, may terminate this Lease or Tenant's rights to possession of the Premises without terminating this Lease, or, without prejudice to its rights to terminate this Lease or Tenant's rights to possession of the Premises, take any other action available to Landlord, all without such termination of this Lease or Tenant's rights to possession of the Premises in any manner affecting Landlord's rights for recovery of past due or future rents or other obligations of Tenant hereunder. Upon the termination of this Lease or Tenant's right to possession hereunder, Landlord may re-enter the Premises with or without process of law using such force as may be necessary and remove all persons, fixtures, equipment, stock, merchandise and other chattels therefrom and Landlord shall not be liable for damages or otherwise by reason of such re-entry or termination of this Lease or of Tenant's possession of the Premises. Upon termination of either the Lease or Tenant's right to possession, Landlord shall be entitled to recover either (i) from time to time, as liquidated damages, an amount equal to the Rent for the said balance of the term less the amount of any rental obtained from any other tenant for the said balance of the term of (ii) as liquidated damages, the difference between the Rent for the balance of the term and the fair market rental value of the Premises for the balance of the term. Upon and after entry into possession, without termination of this Lease, Landlord shall use its best efforts to re-let the Premises or any part thereof for the account of Tenant for such rent, for such time and upon such terms as Landlord in Landlord's sole discretion shall determine. Tenant shall pay upon demand, all of the Landlord's costs, charges and expenses, including fees of counsel, agents and others retained by Landlord, incurred in enforcing Tenant's obligations hereunder or incurred by Landlord in any litigation, negotiation or transaction to interpret or construe this Lease or to determine or establish the rights or obligations of Landlord or Tenant hereunder or in which Tenant causes the Landlord, without the Landlord's fault, to become involved and concerned.
Termination Damages. Without prejudice to any other remedies either Party may have in respect of any breach of this Agreement, neither Party will be liable to the other for damages by reason of the expiration or termination of this Agreement in accordance with the provisions set forth above.
