Common use of Limited Damages Clause in Contracts

Limited Damages. The Parties have determined that except as set forth in this Section 10.3.1.2 (i) monetary damages are generally inappropriate, (ii) it would be extremely difficult and impractical to fix or determine the actual damages suffered by any Party as a result of a breach hereunder and (iii) equitable remedies and remedies at law not including damages are particularly appropriate remedies for enforcement of this Agreement. Except as otherwise expressly provided below to the contrary (and then only to the extent of actual damages and not consequential, punitive or special damages, each of which is hereby waived by the Parties), no Party would have entered into or become a Party to this Agreement if it were to be liable in damages under this Agreement. Consequently, the Parties agree that no Party shall be liable in damages to any other Party by reason of the provisions of this Agreement, and each covenants not to sue the other for or claim any damages under this Agreement and expressly waives its right to recover damages under this Agreement, except as follows: actual damages only shall be available as to breaches that arise out of (a) the failure to pay sums as and when due under this Agreement, but subject to any express conditions for such payment set forth in this Agreement, (b) the failure to make payment due under any indemnity in this Agreement, or (c) the requirement to pay attorneys’ fees and costs as set forth in Section 10.4 or when required by an arbitrator or a court with jurisdiction. For purposes of the foregoing, “actual damages” shall mean the actual amount of the sum due and owing under this Agreement, with interest as provided by law, together with such judgment collection activities as may be ordered by the judgment, and no additional sums.

Limited Damages. The Parties have determined that except as set forth in this Section 10.3.1.2 12.4.2, (i) monetary damages are generally inappropriateinappropriate and in no event shall the City be liable for any damages whatsoever for any breach of this Agreement, (ii) it would be extremely difficult and impractical to fix or determine the actual damages suffered by any a Party as a result of a breach hereunder and (iii) equitable remedies and remedies at law not including damages but including termination are particularly appropriate remedies for enforcement of this Agreement. Except as otherwise expressly provided below to Consequently, the contrary (and then only to the extent of actual damages and Developer agrees that City shall not consequential, punitive or special damages, each of which is hereby waived by the Parties), no Party would have entered into or become a Party to this Agreement if it were to be liable in to Developer for damages under this Agreement. Consequently, the Parties agree and City agrees that no Party Developer shall not be liable in to City for damages to any other Party by reason of the provisions of under this Agreement, and each covenants not to sue the other for or claim any damages under this Agreement and expressly waives its right to recover damages under this Agreement, except as follows: (1) the City shall have the right to recover actual damages only shall be available as to breaches that arise out (and not consequential, punitive or special damages, each of which is hereby expressly waived) for (a) the Developer’s failure to pay sums to City as and when due under this Agreement, but subject to any express conditions for such payment set forth in this Agreement, and (b) the Developer’s failure to make payment due under any indemnity Indemnity in this Agreement, or (c2) the requirement City shall have the right to pay recover any and all damages relating to Developer’s failure to construct Public Improvements in accordance with the City approved plans and specifications and in accordance with all applicable laws (but only to the extent that the City first collects against any security, including but not limited to bonds, for such Public Improvements), and (3) either Party shall have the right to recover attorneys’ fees and costs as set forth in Section 10.4 or 12.7, when required awarded by an a arbitrator or a court with jurisdiction. For purposes of the foregoing, “actual damages” shall mean the actual amount of the sum due and owing under this Agreement, with interest as provided by law, together with such judgment collection activities as may be ordered by the judgment, and no additional sums.

Limited Damages. The Parties have determined that except as set forth in this Section 10.3.1.2 9.4.3, (i) monetary damages are generally inappropriate, (ii) it would be extremely difficult and impractical to fix or determine the actual damages suffered by any a Party as a result of a breach hereunder Default hereunder, and (iii) equitable remedies and remedies at law law, not including damages but including specific performance and termination, are particularly appropriate remedies for enforcement of this Agreement. Except as otherwise expressly provided below to Consequently, ▇▇▇▇▇▇▇▇▇ agrees that the contrary (and then only to the extent of actual damages and City shall not consequential, punitive or special damages, each of which is hereby waived by the Parties), no Party would have entered into or become a Party to this Agreement if it were to be liable in to Developer for damages under this Agreement. Consequently, and the Parties agree City agrees that no Party Developer shall not be liable in to the City for damages to any other Party by reason of the provisions of under this Agreement, and each covenants not to sue the other for or claim any damages under this Agreement and expressly waives its right to recover damages under this Agreement, except as follows: (1) either Party shall have the right to recover actual damages only shall be available as to breaches that arise out (and not consequential, punitive or special damages, each of (awhich is hereby expressly waived) the for a Party’s failure to pay sums to the other Party as and when due under this Agreement, but subject to any express conditions for such payment set forth in this Agreement, (b2) the City shall have the right to recover actual damages for Developer’s failure to make any payment due under any indemnity in this Agreement, or and (c3) to the requirement to pay attorneys’ fees and costs as set forth in Section 10.4 or when required by an arbitrator or extent a court of competent jurisdiction determines that specific performance is not an available remedy with jurisdictionrespect to an unperformed Community Benefit, the City shall have the right to monetary damages equal to the costs that the City incurs or will incur to complete the Community Benefit as determined by the court. For purposes of the foregoing, “actual damages” shall mean means the actual amount of the sum due and owing under this Agreement, with interest as provided by lawLaw, together with such judgment collection activities as may be ordered by the judgment, and no additional sums.

Limited Damages. The Parties have determined that except as set forth in this Section 10.3.1.2 16.3.2, (i) monetary damages are generally inappropriate, (ii) it would be extremely difficult and impractical to fix or determine the actual damages suffered by any Party as a result of a breach hereunder and (iii) equitable remedies and remedies at law not including damages are particularly appropriate remedies for enforcement of this AgreementDDA. Except as otherwise expressly provided below to the contrary (and then only to the extent of actual damages and not consequential, punitive consequential or special damages, each of which is hereby expressly waived by the Parties), no Party would have entered into or become a Party to this Agreement DDA if it were to be liable in damages under this AgreementDDA. Consequently, the Parties agree that no Party shall be liable in damages to any other Party by reason of the provisions of this AgreementDDA, and each covenants not to sue the other for or claim any damages under this Agreement DDA and expressly waives its right to recover damages under this AgreementDDA, except as follows: actual damages only shall be available as to breaches that arise out of (a) the failure to pay sums amounts as and when due and owing (1) under this AgreementDDA (including under the Financing Plan, the Below-Market Rate Housing Plan, the Community Benefits Plan, Article 5 (with respect to the Developer Stadium Contribution only) and Article 19), but subject to any express conditions for such payment set forth in this Agreement, (b) the failure to make payment due under any indemnity in this Agreement, or (c) the requirement to pay attorneys’ fees and costs as set forth in Section 10.4 or when required by an arbitrator or a court with jurisdiction. For purposes of the foregoing, “actual damages” shall mean the actual amount of the sum due and owing under this Agreement, with interest as provided by law, together with such judgment collection activities as may be ordered by the judgment, and no additional sums.DDA or

Limited Damages. The Parties have determined that except as set forth in this Section 10.3.1.2 (i) monetary damages are generally inappropriate, (ii) it would be extremely difficult and impractical to fix or determine the actual damages suffered by any Party as a result of a breach hereunder and (iii) equitable remedies and remedies at law not including damages are particularly appropriate remedies for enforcement of this Agreement. Except as otherwise expressly provided below to the contrary (and then only to the extent of actual damages and not consequential, punitive or special damages, each of which is hereby waived by the Parties), no Party would have entered into or become a Party to this Agreement if it were to be liable in damages under this Agreement. Consequently, the Parties agree that no Party shall be liable in damages to any other Party by reason of the provisions of this Agreement, and each covenants not to sue ▇▇▇ the other for or claim any damages under this Agreement and expressly waives its right to recover damages under this Agreement, except as follows: actual damages only shall be available as to breaches that arise out of (a) the failure to pay sums as and when due (1) under this Agreement, but subject to any express conditions for such payment set forth in this Agreement, (b) the failure to make payment due under any indemnity in this Agreement, or (c) the requirement to pay attorneys’ fees and costs as set forth in Section 10.4 or when required by an a arbitrator or a court with jurisdiction. For purposes of the foregoing, “actual damages” shall mean the actual amount of the sum due and owing under this Agreement, with interest as provided by law, together with such judgment collection activities as may be ordered by the judgment, and no additional sums.