BREACH AND DAMAGES. Customer shall be deemed to be in breach of this Agreement if Customer: (1) fails to pay service fees as set forth in this Agreement by the invoice due date; or (2) fails to comply with any of its other obligations in this Agreement. Customer shall promptly provide NCSWM with written notice of any issue that may prevent Customer from fully performing its obligations under this Agreement.
BREACH AND DAMAGES. (A) Buyer agrees that in the event Buyer attempts to rescind or cancel this Contract or in the case of a breach, repudiation or default by Buyer hereof (collectively, “Breach”), Seller’s full damages will be difficult to measure and, therefore, that Seller is entitled to have and recover the following liquidated damages from Buyer: (i) 60% of the Total Purchase Price, as adjusted hereunder, if Buyer’s Breach occurs prior to the time a building or structure is manufactured; (ii) 100% of the Total Purchase Price, as adjusted hereunder, plus all procurement charges, handling and storage costs, if Buyer’s Breach occurs after manufacture of the building or structure commences; and (iii) 100% of the Total Purchase Price plus all shipping, return freight, procurement charges, handling and storage costs, if Buyer’s Breach is with respect to an order for a specially or custom manufactured building or structure, any Special Products or any other custom ordered or procured goods (hereinafter collectively referred to as a “Special Order”), regardless whether the Breach occurs prior to or after manufacture or shipment. A Breach entitling Seller to the liquidated damages provided herein includes, but is not limited to, Buyer’s: failure or refusal to cooperate with Seller in the scheduling of delivery of goods; failure or refusal to accept Seller’s scheduled delivery date; placing the order on hold for more than ten (10) days; failure to make any payment when due and in the manner required hereunder; attempted, threatened or actual cancellation or rescission of this Contract; anticipatory repudiation or repudiation of this Contract; and any other event, act or omission stated herein to constitute a Breach. If the Seller has incurred additional costs, charges, expenses or increases (including price increases) after the Buyer has caused a delay, including, without limitation, all Increased Costs, this Contract will be deemed to have been amended to include all such additional costs, expenses, charges and increases after the Acceptance Date and the Buyer’s obligation hereunder will be increased on account thereof. Buyer agrees that the amount of liquidated damages specified herein is not a penalty and constitutes an actual good faith reasonable estimate of the actual damages that Seller would be expected to incur upon a Breach by Buyer. The foregoing liquidated damages are in addition to and not in lieu of damages recoverable under Section 5(B).
BREACH AND DAMAGES. The Parties agree that in the case of disclosure of Confidential Information in contravention of this Agreement that a monetary remedy for any damages will be inadequate, impracticable and extremely difficult to prove. It is agreed that such a breach would cause irrevocable harm, and that the injured Party shall be entitled to temporary and permanent injunctive relief, in addition to all other remedies it may have hereunder or by law, without the necessity of proving actual damages or without the placement or filing of a bond. The ability to seek injunctive relief shall not prohibit the injured Party from seeking a remedy for actual monetary damages.
BREACH AND DAMAGES. 8.1 If any of the parties breaches, whether fully or partially, any of the provisions established herein, it shall compensate the other party for those damages caused.
BREACH AND DAMAGES. Any failure by a Party to perform any action required to be performed under this Agreement shall constitute a breach of this Agreement, unless such failure is compelled by order of a court. In the event of such breach, the non-defaulting Party shall be entitled to pursue any and all remedies, both legal and equitable, including, without limitation, specific performance.
BREACH AND DAMAGES. Any delay or failure by Xxxxxx to comply comprehensively and precisely with the terms of this Agreement shall be strictly construed as breach of this entire Agreement. Alliance reserves any and all rights and causes of action arising from such breach. In the case of breach, Alliance shall be strictly entitled to any subsequent claims for costs (including the return of the Funds) as well as any corresponding damages arising from, but not limited to, attorneys’ fees, reputational damages, and any increased operational and any other expenses (including regulatory communications, audit delays and costs, increased insurance costs, and so on) required to restore Alliance to a level equal to or greater than the reputational, asset, and monetary value, and business integrity, that Alliance had prior to the failure of Wadiah to return the Funds on a timely basis.
BREACH AND DAMAGES. The Parties hereto acknowledge that compliance with section 10.1 hereinabove is crucial to the business of the Corporation and that in the event of breach of such section the damage may be irreparable. For the purposes of the foregoing section the Parties hereto recognize and hereby agree that a breach by any of the Parties would result in irreparable harm that would not be adequately compensated for by monetary award. Accordingly, the Parties hereto agree that, in the event of any such breach, the Corporation, or any Shareholder acting for the Corporation if it fails to act within five calendar days of notice to do so, is entitled as a matter of right to apply to a Court of competent jurisdiction for relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance with the provisions hereof. Any breaching Party will also be liable to each of the other Parties for direct losses and other damages including, without limiting the generality of the foregoing, for loss of opportunity and for an accounting for all amounts received and earned by the breaching Party flowing from, directly or indirectly, any such breach.
BREACH AND DAMAGES. 违约和损害赔偿 After the Establishment Date, if either Party is in breach of any provision of this Agreement (“Breaching Party”), the other Party (“Non-breaching Party”) shall be entitled to request the breaching Party to compensate the Losses suffered by such Party under applicable laws. 在成立日后，若任何一方违反本协议的任何规定 (“违约方”)，另一方 (“守约方”)有 权要求违约方根据适用法律赔偿另一方遭受的损失。
BREACH AND DAMAGES. 8.1. If any party of this Agreement breaches any provision of this Agreement, including but not limited to its representations and warranties, undertakings and any other provision made in this Agreement, rendering this Agreement impossible to be fully performed, the consequent liabilities shall be borne by the breaching Party. If all of the Parties breach this Agreement, the Parties shall each bear the liabilities arising from their respective breach. If the breach causes actual economic losses and other reasonably foreseeable economic losses to the non-breaching Parties, the breaching Party shall be liable for compensating the actual economic losses and other reasonably foreseeable economic losses suffered by the non-breaching Parties because of their abidance.
BREACH AND DAMAGES. 6.5 Notwithstanding any provision to the contrary, neither party shall be responsible or liable for any breach of this Agreement attributable to the other party and neither party shall be entitled to seek or receive any remedies against the other in case the breach by a party is attributable to the defaulting party or its subsidiaries.
