Examples of Termination Damages in a sentence
Notwithstanding the foregoing, if Seller terminates the Agreement prior to the Commercial Operation Date for the sole purpose of selling the Product to a third party, ASPA shall be entitled to both the Termination Damages and any other remedies available at law or in equity to the extent that ASPA's actual damages exceed the value of the Termination Damages, as set forth in Section 4.4.
In the event of such termination by either Party in accordance with this provision, ASPA shall be entitled to Termination Damages as set forth in Section 4.4 as its sole and exclusive remedy, subject to Section 4.2(c).
For the sake of clarity, in the event of such termination by either Party, ASPA shall not be entitled to Termination Damages.
Liquidated Damages] No Event of Default shall be deemed to have occurred with respect to Seller's extension as provided herein and ASPA shall not have the right to terminate the Agreement with respect to such extension or to receive Termination Damages so long as Seller has extended the Commercial Operation Date and pays the Daily Delay Liquidated Damages as provided in this Section 4.2(b).