Xxxxxx’x Damages Sample Clauses

Xxxxxx’x Damages. In any event, and irrespective of any option exercised by Lxxxxx, Lxxxxx agrees to pay and the Lessor shall be entitled to recover all reasonable and verifiable costs and expenses incurred by Lxxxxx, including reasonable attorneys’ fees, paralegal fees and expenses, in connection with collection of Rent or damages or enforcing other rights of Lessor in the event of a breach, default or abandonment by Lessee irrespective of whether or not Lessor elects to terminate this Lease by reason of such a breach, default or abandonment. Lessor’s damages hereunder shall include, without limitation, any loss of Rent prior to or after reletting of the Premises; broker’s commissions; advertising costs; reasonable costs of repairing, cleaning, repainting and remodeling the Premises for reletting; and moving and storage charges incurred by Lessor in moving Lessee’s property and effects from the Premises after termination of this Lease. In the event that any court or governmental authority shall limit any amount which Lessor may be entitled to recover under this paragraph, Lessor shall be entitled to recover the maximum amount permitted under law. Nothing in this Article shall be interpreted to limit Lessor’s recovery from Lessee of the maximum amount permitted under law or of any other sums or damages which Lessor may be entitled to so recover in addition to the damages set forth herein. Lessee hereby expressly waives any and all rights of redemption, if any, granted by or under any present or future law in the event Lessee shall be evicted or dispossessed for any cause, or in the event Lessor shall obtain possession of the Premises by virtue of the provisions of this Lease, or otherwise.

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Xxxxxx’x Damages. The parties understand and agree that the City has only agreed to design, construct and complete the Xxxxxxx Improvements because of Developer's covenants to design, develop, construct and complete the TDD Improvements and the balance of the Project and that the City would not design, construct and complete the Xxxxxxx Improvements without Developer's covenants to deliver the various components of the Project on the schedule set forth in Exhibit I. Accordingly, Developer hereby agrees with the City that if it should fail to timely complete construction of that portion of the Retail Space, the Office Space, the Multi-Family Residential, and/or Senior Living components of the Project as and when set forth below, the City shall be irreparably damaged and therefore shall be entitled, as liquidated damages and not as a penalty, to a payment equal to fifty percent (50%) of the amount of the Xxxxxxx Improvement Costs (the "Xxxxxxx Damages"), which Xxxxxxx Damages shall be paid to the City on or before December 31, 2024 (the "Xxxxxxx Damages Deadline"). (a) However, the parties hereby agree that if Developer has not completed construction of all of the portion of the Retail Space, the Office Space, the Multi-Family Residential, and/or Senior Living components of the Project as and when set forth below by the Xxxxxxx Damages Deadline, Developer shall have a one-time right to appear before the City Council on or before January 31, 2025 to show cause, to explain the delays for any unfinished components and to discuss the progress of the Project, after which the City Council may, in its discretion, extend the Xxxxxxx Damages Deadline by up to two (2) additional years. (b) Additionally, the parties hereby agree that the amount of the Xxxxxxx Damages shall be reduced as follows: (i) Upon completion of at least 10,000 square feet of the Retail Space as set forth in Section 2.01(i), the Xxxxxxx Damages shall be reduced by twenty five percent (25%) of the Xxxxxxx Improvement Costs; (ii) Upon completion of at least 75,000 square feet of the Office Space as set forth in Section 2.01(ii), the Xxxxxxx Damages shall be reduced by twenty five percent (25%) of the Xxxxxxx Improvement Costs; (iii) Upon completion of at least 500 units of the Multi-Family Residential as set forth in Section 2.01(iii), the Xxxxxxx Damages shall be reduced by twenty five percent (25%) of the Xxxxxxx Improvement Costs; and (iv) Upon completion of at least 100 units of the Senior Living as set forth in...

Xxxxxx’x Damages. In the event of any condemnation or taking as aforesaid, whether whole or partial, Lessee shall not be entitled to any part of the award paid for condemnation and Lessor is to receive the full amount of such award. Lessee hereby expressly waives any rights or claim to any part thereof.

Xxxxxx’x Damages. Lessor shall be entitled to the aggregate of following damages (“Lessor’s Damages”), and Lessee shall be liable for and shall pay to Lessor all such Lessor’s Damages (i) all sums due and payable under the Equipment Schedule for all periods up to and including the later of (A) the date an Event of Default has occurred or (B) the date on which Lessor commences an action to enforce its rights under this Agreement; (ii) all costs and expenses incurred by Lessor on account of such default, including, but not limited to, all court costs and reasonable attorney fees; and (iii) all reasonable damages as provided by law, including but not limited to "Liquidated Damages" as defined and set forth below. The aggregate of Lessor’s Damages payable per this subsection 16e shall bear interest at the rate of 18 percent per annum (provided, however, that the interest rate shall not exceed the highest rate allowed by prevailing law) until paid in full, both before and after judgment.

Xxxxxx’x Damages. (1) The damages which Lessor shall be entitled to recover from Lessee shall be the sum of (a) all Rental Amount(s) and Additional Rent accrued and unpaid as of the termination date; and (b) all reasonable costs and expenses incurred by Lessor in recovering possession of the Premises, including removal therefrom and storage of Lessee’s property, improvements and alterations, (ii) the cost and expenses of restoring the Premises to the condition in which the same were to have been surrendered by Lessee as of the expiration of the Rental Term, (iii) the costs of reletting including brokerage fees and reasonable counsel fees, and

Xxxxxx’x Damages. Lessee shall remain fully liable for and shall pay Lessor for (i) all sums due and payable under the Equipment Schedule for all periods up to and including the date on which Lessor has declared this Agreement to be in default; (ii) all costs and expenses incurred by Lessor on account of such default, including, but not limited to, all court costs and reasonable attorney's fees; and, (iii) all reasonable damages as provided by law (collectively "Lessor's Damages").

Related to Xxxxxx’x Damages

Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.
Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.
Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.
Delay Damages If the Commercial Operation Date is not achieved by the date set forth therefor in Section 3.1(a) (as extended pursuant to Section 3.1(c)), Seller shall pay to Buyer damages for each month from and after such date until the Commercial Operation Date at the rate of $1.50 per kwh of Contract Maximum Amount up to a maximum of twelve (12) months of delay, pro rated for partial months (“Delay Damages”). Delay Damages shall be due under this Section 3.2(a) without regard to whether Buyer exercises its right to terminate this Agreement pursuant to Section 9.3; provided, however, that if Buyer exercises its right to terminate this Agreement under Section 9.3, Delay Damages shall be due and owing to the extent that such Delay Damages were due and owing at the date of such termination. If the Facility has not achieved the Commercial Operation by the date set forth therefor in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), for any reason, Seller shall have the right to terminate this Agreement at any time after that deadline date (as so extended) until either the Facility achieves the Commercial Operation Date or Buyer terminates this Agreement under Section 9.3 (regardless of whether or not Seller elected to continue to construct the Project). In the event Seller so terminates this Agreement, Seller shall be liable to Buyer on the date of such termination for (x) the entire amount of Delay Damages that would otherwise accrue (or have accrued) by such date plus (y) the undrawn amount of any Development Period Security provided to Buyer by Seller; provided, however, that if Seller terminates this Agreement on the deadline set forth for the Commercial Operation Date in Section 3.1(a) (as the same may be extended in accordance with Section 3.1(c)), Seller shall not be required to pay any Delay Damages hereunder but shall forfeit the Development Period Security. Subject to the foregoing sentence, neither Party shall have any liability to the other Party with respect to a termination of this Agreement by Seller under this Section 3.2(b). Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to Seller’s delay in achieving the Commercial Operation Date would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Delay Damages and other damages as agreed to by the Parties and set forth herein are a fair and reasonable calculation of such damages. Notwithstanding the foregoing, this Article shall not limit the amount of damages payable to Buyer if this Agreement is terminated by Buyer as a result of Seller’s failure to achieve the Commercial Operation Date. Any such termination damages shall be determined in accordance with Article 9. By the tenth (10th) day following the end of the calendar month in which Delay Damages first become due and continuing by the tenth (10th) day of each calendar month during the period in which Delay Damages accrue (and the following months if applicable), Buyer shall deliver to Seller an invoice showing Buyer’s computation of such damages and any amount due Buyer in respect thereof for the preceding calendar month. No later than ten (10) days after receiving such an invoice, Seller shall pay to Buyer, by wire transfer of immediately available funds to an account specified in writing by Buyer or by any other means agreed to by the Parties in writing from time to time, the amount set forth as due in such invoice. If Seller fails to pay such amounts when due, Buyer may draw upon the Development Period Security for payment of such Delay Damages, and Buyer may exercise any other remedies available for Seller’s default hereunder.
Waiver of Punitive Damages Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect damages relating to any such matters under any theory of liability.
Monetary Damages In the event that the Partnership breaches its obligations set forth in Article 2, Article 3, or Article 6 with respect to a Protected Partner the Protected Partner’s sole right shall be to receive from the Partnership, and the Partnership shall pay to such Protected Partner as damages, an amount equal to: (a) in the case of a violation of Articles 3 or 0, xxx xxxxxxxxx xxxxxxx, xxxxx and local income taxes incurred by the Protected Partner or an Indirect Owner as a result of the income or gain allocated to, or otherwise recognized by, such Protected Partner with respect to its Units by reason of such breach; (b) in the case of a violation of Article 0, xxx xxxxxxxxx xxxxxxx xxxxx, and local income taxes incurred by the Protected Partner or an Indirect Owner with respect the Excess Protected Gain incurred with respect to the Gain Limitation Property that is allocable to such Protected Partner under the Partnership Agreement and Section 2.3 hereof (computed without regard to the principles set forth in the parenthetical in the first paragraph of Section 2.1); plus in the case of either (a) or (b), an amount equal to the aggregate federal, state, and local income taxes payable by the Protected Partner or an Indirect Owner as a result of the receipt of any payment required under this Section 4.1. For purposes of computing the amount of federal, state, and local income taxes required to be paid by a Protected Partner (or Indirect Owner), (i) any deduction for state income taxes payable as a result thereof actually allowed in computing federal income taxes shall be taken into account, and (ii) a Protected Partner’s (or Indirect Owner’s) tax liability shall be computed using the highest federal, state and local marginal income tax rates that would be applicable to such Protected Partner’s (or Indirect Owner’s) taxable income (taking into account the character and type of such income or gain) for the year with respect to which the taxes must be paid, without regard to any deductions, losses or credits that may be available to such Protected Partner (or Indirect Owner) that would reduce or offset its actual taxable income or actual tax liability if such deductions, losses or credits could be utilized by the Protected Partner (or Indirect Owner) to offset other income, gain or taxes of the Protected Partner(or Indirect Owner), either in the current year, in earlier years, or in later years).
Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.
No Punitive Damages If any dispute arises regarding the application, interpretation or enforcement of any provision of this Agreement, including fraud in the inducement, the parties hereby waive their right to seek punitive damages in connection with said dispute.
Actual Damages Contractor is liable to CMHA for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, CMHA may substitute the services and/or material from a third party. CMHA may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.
Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11