Seller Liquidated Damages definition

Seller Liquidated Damages as defined in Section 12.17(c).
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Seller Liquidated Damages has the meaning set forth in Section 7.03(b).
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Seller Liquidated Damages shall have the meaning set forth in Section 16(a).
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Examples of Seller Liquidated Damages in a sentence

  • Notwithstanding the foregoing, in no event shall Seller receive the Seller Liquidated Damages Amount if Seller receives the Specific Performance Liquidated Damages Amount.

  • Provided the respective Minimum Electrical Losses Guarantee is met by Seller, Liquidated Damages shall be assessed by Purchaser and Seller agrees to pay, at a rate per kW that the Electrical Losses of a Unit exceeds the corresponding Electrical Losses Guarantee while the Unit is operating at the base rated load which is set forth in Exhibit A.

  • Upon payment of the Seller Liquidated Damages Amount (and any amounts due and owing pursuant to Section 3(e) of Schedule 12.3), none of the Buyer Related Parties shall have any further liability or obligation relating to or arising out of this Agreement or the Contemplated Transactions, and no Person shall have any rights or claims against the Buyer Related Parties under this Agreement or otherwise, whether at Law or equity, in contract, in tort or otherwise.

  • The parties agree that the Seller Liquidated Damages are not intended as a penalty but as liquidated damages in a reasonable amount that will compensate Sellers for Buyers’ failure to consummate the Contemplated Transactions, which amount would otherwise be impossible to calculate with precision.

  • Buyer and Seller agree that the payment to Seller of the Seller Liquidated Damages Amount shall be Seller’s sole remedy in the event this Transaction fails to close as a result of Buyer’s breach hereunder.

  • If this Agreement is terminated pursuant to Section 8.1(d), the sole and exclusive remedy of the CFC Parties and their Affiliates shall be strictly limited to retention of the Purchased Assets and the prompt payment by the Buyer to the Company of an amount not to exceed $100 million for any Losses on an after Tax basis actually incurred or suffered by the Sellers as a result of such breach, as liquidated damages (the "Seller Liquidated Damages").

  • In no event shall the arbitrator have the authority to award Seller Liquidated Damages or damages of less than $5,600,000 or in excess of $7,000,000.