Liquidated Damages Not Penalty. It is expressly agreed that Liquidated Damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific Liquidated Damages and having agreed that the amount of such Liquidated Damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such Liquidated Damages.
Liquidated Damages Not Penalty. The parties acknowledge, recognize and agree on the following:
Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. (The rest part of the page is intentionally left in blank) Signed for and on behalf of Bitmain Bitmain Technologies Limited Signature Title Signed for and on behalf of the Purchaser Axxx Alliance, Inc. Signature Title APPENDIX A APPENDIX B
Liquidated Damages Not Penalty. Purchaser acknowledges that the Early Termination Fee constitutes liquidated damages, and not penalties, in lieu of Provider’s actual damages resulting from the early termination of the Agreement. Purchaser further acknowledges that Provider’s actual damages may be impractical and difficult to accurately ascertain, and in accordance with Purchaser’s rights and obligations under the Agreement, the Early Termination Fee constitutes fair and reasonable damages to be borne by Purchaser in lieu of Provider’s actual damages.
Liquidated Damages Not Penalty. The Parties acknowledge and agree that because of the unique nature of the Facility and the unavailability of a substitute facility, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by the Owner as a result of GEC’s failure to achieve the Performance Guarantees or the Guaranteed Completion Date. It is understood and agreed by the parties that (i) Owner shall be damaged by failure of GEC to meet such obligations, (ii) it would be impracticable or extremely difficult to fix the actual damages resulting there from, (iii) any sums which would be payable under this Agreement are in the nature of liquidated damages, and not a penalty, and are fair and reasonable, and (iv) such payment represents a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from such failure, and shall, without duplication, be the sole and exclusive measure of damages and exclusive remedy of Owner with respect to any such failure by GEC.
Liquidated Damages Not Penalty. Because of the unique nature of the economic damages and losses that would be sustained under this Agreement where specified damages are used, it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by a non-breaching Party in such circumstances. Therefore, it is acknowledged and agreed by the Parties that in such circumstances: (a) it would be impracticable or extremely difficult to fix the actual damages to a non-breaching Party resulting therefrom; (b) any sums that would be payable under this Agreement in such circumstances are stipulated by the Parties to be in the nature of liquidated damages and not a penalty, and are acknowledged and agreed to be fair, reasonable and appropriate; (c) such payment represents a reasonable estimate of compensation for a portion of the losses that may reasonably be anticipated from such failure and shall, without duplication, be the sole and exclusive measurement of monetary damages of such non-breaching Party with respect to such circumstances; and (d) if the breaching Party challenges the enforceability of such liquidated damages, the non-breaching Party may elect at its option for damages in such circumstances to be based on actual damages instead of liquidated damages and such actual damages shall not be subject to the limitations set forth in Section 12.1.
Liquidated Damages Not Penalty. It is expressly agreed that any liquidated damages payable under this Agreement do not constitute a penalty and that the Parties, having negotiated in good faith for such specific liquidated damages and having agreed that the amount of such liquidated damages is reasonable in light of the anticipated harm caused by the breach related thereto and the difficulties of proof of loss and inconvenience or nonfeasibility of obtaining any adequate remedy, are estopped from contesting the validity or enforceability of such liquidated damages. (The rest part of the page is intentionally left in blank) Signed for and on behalf of Bitmain Bitmain Technologies Limited Signature /s/ Zhan Ketuan Name: Zhan Ketuan Title: Chairman Signed for and on behalf of the Purchaser Nautilus Cryptomine LLC Signature: /s/ Nxxxx Xxxx Name: Nxxxx Xxxx Title: Chief Operating Officer APPENDIX A
Liquidated Damages Not Penalty. Purchaser acknowledges that the Early Termination Fee constitutes liquidated damages, and not penalties, in lieu of Provider’s actual damages resulting from the early termination of the Agreement. Purchaser further acknowledges that Provider’s actual damages may be impractical and difficult to accurately ascertain, and in accordance with Purchaser’s rights and obligations under the Agreement, the Early Termination Fee constitutes fair and reasonable damages to be borne by Purchaser in lieu of Provider’s actual damages. “SUNEDISON”: SUNEDISON GOVERNMENT SOLUTIONS, LLC By: Name: Title: Date:
Liquidated Damages Not Penalty. The Parties agree that the harm that would be suffered by the IESO and the Ontario ratepayer from the Service Provider’s failure to perform under this Agreement would be extremely difficult and impracticable to quantify and that any amount set out in this Agreement as a liquidated damage, charge or set-off is a genuine pre-estimate of the harm that would be suffered by the IESO and the Ontario ratepayer and is not a penalty.
Liquidated Damages Not Penalty. The Parties acknowledge and agree that because of the nature of the Project it is difficult or impossible to determine with precision of the amount of damages that would or might be incurred by the Owner as a result of Substantial Performance being achieved after the Guaranteed Substantial Performance Date. It is understood and agreed by the Parties that (i) the Owner shall be damaged by such matters, (ii) it would be difficult or impossible to fix the actual damages resulting therefrom, (iii) any sums which would be payable under this Article 7 are in the nature of liquidated damages and not penalties, and are fair and reasonable, and (iv) such payments represent a reasonable pre-estimate of fair compensation for the losses that may reasonably be anticipated from such delay. Notwithstanding the foregoing, in the event the Liquidated Damages are held to be unenforceable by any Authority, the Owner shall be permitted to make a claim and recover against the Contractor for the amount of any Liabilities arising from the relevant matter for which Liquidated Damages were payable.
