Liquidated Damage Amount definition

Liquidated Damage Amount has the meaning set forth in Section 7.3.

Liquidated Damage Amount has the meaning ascribed to it in Clause 5.1.

Liquidated Damage Amount is an amount equal to: (a) the average monthly Profit received and calculated by Processor in connection with Merchant’s account, as measured over the six month period immediately preceding such termination (or, as measured over the six month period prior to Merchant’s ceasing to use the Services or breach of this Agreement, if applicable), multiplied by

Examples of Liquidated Damage Amount in a sentence

• Notwithstanding anything to the contrary in this Agreement, if this Agreement is terminated prior to the end of the then-current Term, the Liquidated Damage Amount shall be immediately due and payable by Merchant to Processor.

• The Liquidated Damage Amount will be capped at $500 per event (unprocessed or delayed deposits by MID or chain) combined, whether payable to the Treasury or to any other Merchant hereunder.

• The Contractor will give Treasury credit for interest earnings on the undeposited funds from the day the funds should have been deposited.2. The daily liquidated damage amount (undeposited funds) will be calculated as follows: (“Value of Undeposited Funds” X “Treasury Bill three-month “ask yield” as stated in the last Friday of each month’s Wall Street Journal”) / 365 = (Daily Liquidated Damage Amount X Number of Days Delayed) = Liquidated Damage Amount3.

• At the Treasury's request, upon verification by the Contractor, the Contractor will credit the applicable bank accounts with the calculated Liquidated Damage Amount.

• Goldsmith, Town Manager DATE: November 8, 2019 SUBJECT: Town Manager Administrative Order #4 Filing; Proposed Realignment of the Department of Public Works to include Grounds Maintenance, Custodial Services.

More Definitions of Liquidated Damage Amount

Liquidated Damage Amount equals the “Annual Projected Contract Value” (to the extent such amount is specified in the applicable Schedule(s)) times the number of years in the then-current term, minus the amount of revenue already paid to Active during the then-current term, net of all refunds, credit card chargebacks, and all other deducted amounts. Client agrees that (a) it will pay Liquidated Damages to Active if (i) Client breaches its exclusivity obligations under Section 2.2 of this Product Attachment; (ii) Active terminates a Schedule and/or the Agreement in accordance with Section 5.2 of the General Terms; (iii) Client fails to cause an assignment as specified in Section 7 of this Product Attachment; and/or (iv) Active terminates a Schedule and/or the Agreement pursuant to Section 7.3 of this Product Attachment;

Liquidated Damage Amount is an amount equal to: (a) the average monthly Profit received and calculated by Processor in connection with Merchant’s account, as measured over the six month period immediately preceding such termination (or, as measured over the six month period prior to Merchant’s ceasing to use the Services or breach of this Agreement, if applicable), multiplied by (b) the number of months remaining in the then-current Term. “Profit” shall mean the sum of all amounts billed to Merchant, less interchange, dues and assessments from the Networks, and Third-Party Fees. The payment of such Liquidated Damage Amount as described in this Section is not a penalty, but rather is agreed by the parties to be a reasonable amount of liquidated damages to compensate Processor for its termination expenses and damages under the circumstances when such amount would be payable. Such amounts shall be in addition to, and not in lieu of, any other damages to which Processor may be entitled and all payment obligations for the Services provided to Merchant or other Fees or amounts due from Merchant under this Agreement, whether arising before or after termination of this Agreement.

Liquidated Damage Amount equals the “Annual Projected Contract Value” (to the extent such amount is specified in the applicable Schedule(s)) times the number of years in the then-current term, minus the amount of revenue already paid to Active during the then-current term, net of all refunds, credit card chargebacks, and all other deducted amounts. Client agrees that (a) it will pay Liquidated Damages to Active if (i) Client breaches its exclusivity obligations under Section 2.2 of this Product Attachment; (ii) Active terminates a Schedule and/or the

Liquidated Damage Amount shall have the meaning set forth in Section 16.2.1 hereof.

Liquidated Damage Amount has the meaning specified therefor in Section 2.01(b) of this Agreement.

Liquidated Damage Amount equals the “Annual Projected Contract Value” (to the extent such amount is specified in the applicable Schedule(s)) times the number of years in the then-current Term, minus the amount of revenue already paid to Active during the then-current Term, net of all refunds, credit card chargebacks, and all other deducted amounts. Client agrees that (a) it will pay Liquidated Damages to Active if (i) Client breaches its exclusivity obligations under Section 2.2 of this Product Attachment; (ii) Active terminates a Schedule and/or the Agreement in accordance with Section 5.2 of the General Terms; (iii) Client fails to cause an assignment as specified in Section 6.2 of the General Terms; and/or (iv) Active terminates a Schedule and/or the Agreement pursuant to Section 6.3 of the General Terms; (b) all Liquidated Damage Amounts set forth in the Agreement will automatically reset during each Renewal Term; (c) Active may offset any Liquidated Damages Amount set forth in the Agreement from any account balance Client maintains with Active or any payment Active owes Client; (d) because of the difficulty in making a precise determination of actual damages incurred by Active, the Liquidated Damage Amount will be assessed, not as a penalty, but as a reasonable approximation of costs incurred by Active and Active’s loss of revenue; and (e) that in any suit or other action or proceeding involving the assessment or recovery of liquidated damages, the reasonableness of the Liquidated Damage Amount will be presumed and the liquidated damages assessed will be in addition to every other remedy now or hereinafter enforceable at law, in equity, by statute, or under the Agreement.

Liquidated Damage Amount shall have the meaning contained in Section 15.1 hereof.