Examples of Relocation Default in a sentence
For the avoidance of doubt, the availability to the Authority (or to any express beneficiary of the Authority’s rights under this Non-Relocation Agreement) of the remedy of liquidated damages under Section 4.4 hereof shall be available only as a remedy for a Specified Relocation Default.
The Parties hereby acknowledge that they have negotiated the above amounts in an attempt to make a good faith effort in quantifying the amount of damages due to a Specified Relocation Default despite the difficulty in making such determination.
Accordingly, the magnitude of the damages that would result from a Specified Relocation Default would be significant in size but difficult to quantify including damages to the finances of the Authority and the County.
Accordingly, the magnitude of the damages that would result from a Specified Relocation Default would be significant in size but difficult to quantify including damages to the finances of the Authority, the County and the State.
For the avoidance of doubt, the availability to the Authority (or to any express beneficiary of the Authority’s rights under this Non-Relocation Agreement) of the remedy of liquidated damages under Section 4.4 hereof shall be available only as a remedy for a Specified Relocation Default and subject to Section 4.3(d) hereof.
It is specifically contemplated by the Parties that in the event the Non-Relocation Term expires, this Agreement and the Non-Relocation Covenants herein shall be terminated as of the Stadium Lease Expiration Date without affecting any obligation, for liquidated damages or otherwise, arising from any Non- Relocation Default which occurred prior to such Stadium Lease Expiration Date.
Notwithstanding the foregoing, for clarity the County and the ECSC specifically consent and agree that neither Party shall be permitted to enforce the provisions of this Agreement against the Bills, including, without limitation, the equitable remedies or liquidated damages provisions set forth in Sections 5(a) or 5(b) herein, except with respect to any conduct engaged in by the Bills prior to the expiration of the Non-Relocation Term, which conduct constitutes or results in a Non- Relocation Default.
Therefore, the Parties agree that upon the occurrence of a Specified Relocation Default, including any such default arising pursuant to the provisions of Section 365(g) of the 1 Note to Draft – Liquidated Damages schedule to be confirmed.
United States Bankruptcy Code or similar provision of any successor thereto, the Authority will be entitled to recover from TeamCo a sum equal to the outstanding principal balance on stadium bonds issued; or, in the event that the repayment of those stadium bonds is accelerated, in part or in whole, an amount equal to the scheduled principal balance at the beginning of the year in which there is a Specified Relocation Default.
EDA shall be entitled to obtain injunctive relief prohibiting action, directly or indirectly, by Tenant that causes or would reasonably be expected to cause a Non- Relocation Default or mandating action that averts or will avert such Non-Relocation Default (“Injunctive Relief”), and Tenant hereby consents to the entry of an order granting such Injunctive Relief by any court of competent jurisdiction.