Liability for Violation. A person who records or files or enters into an agreement imposing a private transfer fee obligation in the person's favor after May 20, 2010, shall be liable for (1) any and all damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, including, without limitation, the amount of any transfer fee paid by a party to the transfer, and (2) all attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover the transfer fee paid or in connection with an action to quiet title or register the title or a proceeding subsequent to initial registration. If an agent acts on behalf of a principal to record or file or secure a private transfer fee obligation, liability shall be assessed to the principal, but not to the agent. History: 2010 c 371 s 3
Liability for Violation. Failure to comply with the terms of this Agreement, including but not limited to redistribution and/or resale of Licensed Components in violation of this Agreement, will subject Authorized Reseller to legal liability, including injunctions, damages and termination of this Agreement. Authorized Reseller acknowledges that in the event of breach of its obligations hereunder money damages alone will not adequately compensate an injured party, including an injured Third Party Beneficiary, and that injury to such party will be irreparable. In the event of any breach, AACS LA and/or any Content Participant, shall be entitled to bring an action at law or in equity against Authorized Reseller to enforce the terms of the Agreement and in any such action shall be entitled to specific performance or other temporary, preliminary or permanent injunctive relief. Authorized Reseller further acknowledges that AACS LA, in addition to any other remedies in equity, but in lieu of any and all other claims for monetary damages may recover liquidated damages for (i) breaches of Section 2.2 in the amount of eight million United States dollars (US$ 8,000,000); and, (ii) any other material breach of this Agreement in the amount of one million United States dollars (US$ 1,000,000). Authorized Reseller agrees that Content Participants shall be Third Party Beneficiaries of this Agreement and, as such, are entitled to bring an action for equitable relief as if Authorized Reseller were an Adopter subject to the third party beneficiary terms of the Adopter Agreement.
Liability for Violation. Failure to comply with the terms of this Agreement, including but not limited to failure to adhere to the CSS Assembly Specification, or distribution of Schedule 2 Products in violation of this Agreement, will subject Associate to legal liability, including injunctions, damages and termination of Associate’s status. Licensee acknowledges that in the event of breach of its obligations hereunder money damages alone will not adequately compensate an injured party, including an injured third party beneficiary, and that injury to such party will be irreparable. In the event of any breach, Licensor and/or other CSS Licensees, including owners of the copyright rights in content protected by CSS, shall be entitled to bring an action at law or in equity against Associate to enforce the terms of the Agreement and in any such action to specific performance or other temporary, preliminary or permanent injunctive relief and Licensor may xxx for damages. In addition, third party beneficiaries are entitled to bring an action for equitable relief. Further, under the terms of the CSS License Agreement and to reimbursement of actual and reasonable costs of mitigation of harm caused by Associate’s breach, provided that such reimbursement shall be no more than $100,000 for all Eligible Licensees joining a Beneficiary Claim. In addition, the prevailing party in relation to the contractual claims shall be entitled to an award of reasonable attorney’s fees and related costs of up to $100,000, except that the court may award up to $2 million in attorney’s fees in any case in which the court determines that the breach was material and willful or malicious. Nothing contained in this Section is intended to limit remedies or relief available pursuant to statutory or other claims that a CSS Licensee may have pursuant to statutory or other claims that a CSS Licensee may have under separate legal authority not contained in this Agreement.
Liability for Violation. 1. If the company is liable for a claim under an insurance policy and is not in compliance with the Prompt Payment of Claims requirements of the Texas Code, the company is liable to pay the holder of the policy or the beneficiary making the claim under the policy, in addition to the amount of the claim, interest on the amount of the claim at the rate of 18 percent a year as damages, together with reasonable attorney's fees.
Liability for Violation. Each Party is liable for fines, forfeits, and losses resulting from Agreement violations. The guilty Party must compensate the affected Party for direct damages caused by its violation.
