Delay Damages and Termination Sample Clauses

Delay Damages and Termination. If, for any reason other than an Excusable Delay, Substantial Completion shall not have occurred on or before the applicable date set forth in the Schedule, then until Substantial Completion is achieved, Landlord shall pay to Tenant, as liquidated damages and not as a penalty, one day's Base Rent for each day from and after 30 days after the applicable date set forth in the Schedule for Substantial Completion up to a maximum total of 120 days of Base Rent in liquidated damages. Delay damages shall be paid by a credit in an equal amount against the installments of Base Rent in the order in which they become due and payable or shall be paid in cash in the event of a termination because of delay. Landlord and Tenant stipulate that it would be impracticable under presently known conditions and anticipated facts and circumstances to ascertain and establish Tenant's damages caused by such delay, and that the measure of damages provided above is a reasonable estimation of such damages. If, for any reason other than an Excusable Delay, Substantial Completion is not achieved within 120 days after the applicable date set forth in the Schedule, subject to Excusable Delay, then Tenant may, at its option, terminate this Lease by written notice to Landlord on or before 10 days after such date, in which case all of Landlord's and Tenant's obligations hereunder shall terminate except that Landlord shall pay to Tenant the liquidated damages as provided above to the date of termination, and neither party shall have any further obligations to the other with respect to this Lease. Tenant waives all claims for consequential or other damages as a result of any delay, provided that this waiver shall not apply in the event that Landlord intentionally and wilfully breaches or repudiates this Lease prior to completion of construction.
Sample 1
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Delay Damages and Termination. If, for any reason other than Excusable Delay, the Commencement Date shall not ----------------------------- have occurred on or before January 26, 2002, then Landlord shall pay to Tenant, as liquidated damages and not as a penalty, the sum of $8,800.00 for each day from and after the scheduled Commencement Date until the Commencement Date is achieved, in liquidated damages. Delay damages shall be due and payable every two (2) weeks no later than seven (7) days after the expiration of the two (2) week period. If, for any reason other than an Excusable Delay, the Commencement Date is not achieved by March 31, 2002, then Tenant may terminate this Lease by written notice to Landlord on or before ten (10) days after such date, in which case all of Landlord's and Tenant's obligations hereunder shall terminate, and neither party shall have any further obligations to the other with respect to this Lease. Tenant may also pursue any other damages provided at law or in equity as a result of any delay or termination of this Lease.
Sample 1
Delay Damages and Termination. If, for any reason other than an Excusable Delay and notwithstanding any other term or condition of the Lease (including without limitation Paragraph 22 of the Lease), Substantial Completion shall not have occurred on or before February 28, 1997, then Landlord shall pay to Tenant, as liquidated damages and not as a penalty, the sum of $3,000 for each day after the scheduled date of Substantial Completion until Substantial Completion is achieved, up to a maximum total of $280,000 in liquidated damages. Delay damages shall be due and payable no later than 15 days after they accrue. Landlord and Tenant stipulate that it would be impracticable under presently known conditions and anticipated facts and circumstances to ascertain and establish Tenant's damages caused by such delay, and that the measure of damages provided above is a reasonable estimation of such damages. If, for any reason other than an Excusable Delay, Substantial Completion is not achieved by August 31, 1997, subject to Excusable Delays, then Tenant may terminate this Lease by written notice to Landlord on or before 30 days after such date, in which case all of Landlord's and Tenant's obligations hereunder shall terminate, and neither party shall have any further obligations to the other with respect to this Lease. Tenant waives all claims for consequential or other damages as a result of any delay.
Sample 1

Related to Delay Damages and Termination

  • Termination Damages If the Term of this Lease is terminated for default, unless and until Landlord elects lump sum liquidated damages described in the next paragraph, Tenant covenants, as an additional, cumulative obligation after any such termination, to pay punctually to Landlord all the sums and perform all of its obligations in the same manner as if the Term had not been terminated. In calculating such amounts Tenant will be credited with the net proceeds of any rent then actually received by Landlord from a reletting of the Premises after deducting all Rent that has not then been paid by Tenant, provided that Tenant shall never be entitled to receive any portion of the re-letting proceeds, even if the same exceed the Rent originally due hereunder.

  • Certain Damages In the event that Landlord does not elect to terminate this Lease as permitted in Section 26.2(a) above, but on the contrary, elects to take possession as provided in Section 26.2(b), above, Tenant will pay to Landlord: (i) Monthly Rent and other sums as provided in this Lease, which would be payable under this Lease if such repossession had not occurred, less; (ii) the net proceeds, if any, of any re-letting of the Premises after deducting all of Landlord’s reasonable expenses in connection with such re-letting, including, without limitation, all repossession costs, brokerage commissions, attorneys’ fees, expenses of employees, alteration and repair costs and expenses of preparation for such re-letting. If, in connection with any re-letting, the new lease term extends beyond the existing Term, or the premises covered by such new lease, include other premises not part of the Premises, a fair apportionment of the rent received for such re-letting and the expenses incurred in connection with such re-letting as provided in this Section will be made in determining the net proceeds from such re-letting, and any rent concessions will be equally apportioned over the term of the new lease. Tenant will pay such rent and other sums to Landlord monthly on the day which the Monthly Rent would have been payable under this Lease if possession had not been retaken and Landlord will be entitled to receive such rent and other sums from Tenant on each such day.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all tax benefits and other reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Damages; Attorneys Fees Nothing contained herein shall be construed to prevent the Company or the Executive from seeking and recovering from the other damages sustained by either or both of them as a result of its or his breach of any term or provision of this Agreement. Each party shall bear its own costs and attorneys’ fees.

  • Consequential Damages Waiver EXCEPT FOR A BREACH OF SECTION 4.1 ("CONFIDENTIAL INFORMATION") OF THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

  • Liability Upon Termination If this Agreement shall be terminated pursuant to Section 8 hereof, the Company shall not then be under any liability to any Underwriter except as provided in Sections 5 and 7 hereof; but, if for any other reason, the Certificates are not delivered by or on behalf of the Company as provided herein, because the Company fails to satisfy any of the conditions set forth in Section 4 hereof or because of any refusal, inability or failure of the Company to perform any agreement herein or to comply with any provision hereof, other than by reason of a default by the Underwriters, the Company will reimburse the Underwriters for all out-of-pocket expenses, including fees and disbursements of counsel, reasonably incurred by the Underwriters in making preparations for the purchase, sale and delivery of such Certificates, but the Company shall then be under no further liability to any Underwriter with respect to such Certificates except as provided in Section 5 and Section 7 hereof.

  • Expenses and Termination Fees (a) Subject to subsection (b) of this Section 7.3, whether or not the Merger is consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated including, without limitation, filing fees and the fees and expenses of advisors, accountants, legal counsel and financial printers, shall be paid by the party incurring such expense.

  • Damages from Certain Causes Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, fire, act of God, public enemy, riot, strike, insurrection, war, act or omission of any party other than Landlord, any nuisance or interference caused or created by any property owner other than Landlord, requisition or order of governmental body or authority, court order or injunction, or any cause beyond Landlord’s control or for any damage or inconvenience which may arise through repair or alteration of any part of the Premises as required by this Lease.

  • Xxxx and Termination of Agreement 1. This Agreement shall run for a period of one (1) year from the date first written above and will be renewed from year to year thereafter unless terminated by either party as provided hereunder.

  • INDEMNIFICATION AND PAYMENT OF DAMAGES BY BUYER Buyer will indemnify and hold harmless Sellers, and will pay to Sellers the amount of any Damages arising, directly or indirectly, from or in connection with (a) any Breach of any representation or warranty made by Buyer in this Agreement or in any certificate delivered by Buyer pursuant to this Agreement, (b) any Breach by Buyer of any covenant or obligation of Buyer in this Agreement, or (c) any claim by any Person for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by such Person with Buyer (or any Person acting on its behalf) in connection with any of the Contemplated Transactions.

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