Liquidated Damage Amount has the meaning set forth in Section 7.3.
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
Examples of Liquidated Damage Amount in a sentence
Liquidated damages in the amount specified in TABLE 1: Per Occurrence Liquidated Damage Amount Index Table below apply to all “non-compliant” sub-measures subject to remedies.
For those measures listed in Appendix 3 as “Measurements That Are Subject to Per Occurrence Damages or Assessments With a Cap,” the amount of liquidated damages in a single month for a disaggregation category shall not exceed the amount listed in TABLE 2: Per Measure/Cap Liquidated Damage Amount Index Table.
For those measures listed in Attachment 2 to Appendix 1as “Measurements That Are Subject to Per Occurrence Damages or Assessments With a Cap,” the amount of liquidated damages in a single month for a disaggregation category shall not exceed the amount listed in TABLE 2: Per Measure/Cap Liquidated Damage Amount Index Table.
For those measures listed in Appendix 3 as “Measurements That Are Subject to Per Measure Damages or Assessments,” liquidated damages will apply on a per disaggregation category basis, at the amounts set forth in the TABLE 2: Per Measure/Cap Liquidated Damage Amount Index Table below.
For those measures listed in Attachment 2 to Appendix 1 as “Measurements That Are Subject to Per Measure Damages or Assessments,” liquidated damages will apply on a per disaggregation category basis, at the amounts set forth in the TABLE 2: Per Measure/Cap Liquidated Damage Amount Index Table below.
More Definitions of Liquidated Damage Amount
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 (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 is fifty percent (50%) of the per day market rate rental due under the Reo Street Lease during any hold over period. The hold over provision in the Reo Street Lease is attached hereto as Exhibit H. Within five (5) days following Tenant's occupancy of the Premises, Tenant shall execute and deliver to Landlord duplicate originals of a stipulation in the form attached to this Lease as Exhibit G (with the blanks properly completed). Subject to Landlord's approval of the information inserted by Tenant in the blanks, Landlord shall execute the duplicate originals of the stipulation and shall promptly return one (1) fully executed original to Tenant. At any time prior to January 1, 1999, Landlord shall be entitled, at Landlord's sole option and by written notice to Tenant, to relocate the Premises to the sixth (6th) floor of the Building, containing approximately 66,135 square feet of Premises Net Rentable Areas., as more particularly described on Exhibit B-2 attached hereto and incorporated herein by reference. Other than a change in the Premises from the fifth (5th) to the sixth (6th) floor, all other terms and conditions of this Lease shall remain the same. If Landlord does not designate the sixth (6th) floor as the Premises, Landlord agrees that either the contiguous fourth (4th) or sixth (6th) floor will be leased by Landlord on a multi-tenant basis and if Landlord designates the sixth (6th) floor as the Premises, the contiguous fifth (5th) floor will be leased by Landlord on a multi-tenant basis. The multi-tenant floor as designated by Landlord as provided above is hereinafter referred to as the "Contiguous Multi-Tenant Floor". At any time between January 1, 1999 and January 15, 1999 (the "Notice Period"), Tenant shall be entitled to request an expansion of the Premises by no more than five percent (5%) of the Premises Net Rentable Area on the same terms and conditions as contained in this Lease. The area of expansion shall be on the Contiguous Multi-Tenant Floor of the Building. In the event of such expansion, the Base Rental and Tenant Improvements Allowance shall be adjusted accordingly. Tenant hereby agrees to execute an amendment to this Lease reflecting the above modifications. In the event that Tenant fails to request such expansion prior to the expiration of the Notice Period, Tenant shall have no further right to expand or reduce the size of the Premises.
Liquidated Damage Amount shall have the meaning contained in Section 15.1 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. Contract # 00128547