Early Termination Damages. Early Termination Damages Apply (default) OR ☐ Early Termination Damages Do Not Apply
Early Termination Damages. As of the Early Termination Date, the non-defaulting Party shall determine, in good faith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) by each Party with respect to all
Early Termination Damages. Distributor agrees that if a Total Termination occurs, Distributor shall pay the Early Termination Damages, if any, to VMSC, in immediately available funds within five (5) working days after the Total Termination Date, in the manner designated by VMSC. The parties agree that the Early Termination Damages is a liquidated damage amount intended to reimburse VMSC for future lost profits as a result of Total Termination, and is not intended to be a penalty to Distributor.
Early Termination Damages. If this Contract is terminated by either party, Seller shall determine, in good faith and in a commercially reasonable manner: (i) the amount owed to Seller (whether or not then due) for which payment has not yet been made, and (ii) the Market Value, as defined below, of all transactions under the Contract. Seller shall liquidate and accelerate this Contract and each terminated transaction at its Market Value so that each amount equal to the difference between such Market Value and the Contract Value, as defined below shall be due to the Seller. "Contract Value" means the amount of gas remaining to be delivered or purchased under this Contract and any transactions) multiplied by the Contract Price, and "Market Value" means the amount of gas remaining to be delivered or purchased under this Contract and any transactions) multiplied by the market price for a similar transaction at the Delivery Point determined by Seller in a commercially reasonable manner. To ascertain the Market Value, Seller may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap contracts or physical gas trading markets, similar sales or purchases and any other bona fide third‑party offers, all adjusted for the length of the term and differences in transportation costs. Seller shall not be required to enter into a replacement agreement or transaction(s) in order to determine the Market Value. Any extension(s) of the term of a transaction to which parties are not bound as of the termination date (including but not limited to "evergreen provisions") shall not be considered in determining Contract Values and Market Values. For the avoidance of doubt. any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present value shall be determined by Seller in a commercially reasonable manner. Seller shall give Buyer written notice of the amount, including reasonable detail of calculations, and Buyer shall pay the amount within 20 (twenty) days of receipt of such notice
Early Termination Damages. Early Termination Damages Apply (default) Early Termination Damages Do Not Apply Section 12.6 Choice of Law Section ___ Billing Options3 Dual Bill Option Single Bill Option Special Provisions Number of sheets attached: Addendum(a): _______________________________________________________________________________
Early Termination Damages. If you do not wish to continue to operate the Franchised Business or if you Transfer the Franchised Business to an existing business in which the prospective Transferee does not meet the qualifications for a new CuraFlo franchisee, you may request our consent to an early termination of this Agreement. If we agree to terminate this Agreement on these grounds, you must pay us early termination damages equal to the average monthly Royalty payment that you made for the past twenty-four (24) months multiplied by the lesser of twenty-four (24) months or the number of months remaining in the Term. If you have not operated the Franchised Business for twenty-four (24) months, your early termination damages will be calculated by using your average monthly Royalty payment for the number of months that the Franchised Business has been in operation. You acknowledge that a precise calculation of the full extent of the damages we will incur in the event of the early termination of this Agreement is difficult to determine and that this lump sum payment is reasonable in light of the damages for early termination which we will incur. This lump sum payment will be in addition to all amounts provided above in Section 17.1.4.
Early Termination Damages
