Common use of Liquidated Damages for Breach of the Confidentiality Obligation Clause in Contracts

Liquidated Damages for Breach of the Confidentiality Obligation. If a party violates its confidentiality obligations under this Dispute Resolution policy, the non-breaching party shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a party, its attorneys, agents, or a proxy of a party breaches the confidentiality provisions of this Dispute Resolution policy, the following shall apply: • The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 United States Dollars or local currency equivalent per violation, or $25,000.00 United States Dollars or local currency equivalent per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure of each claim, allegation, pleading, or other prohibited disclosure shall constitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a party to disclose evidence, claims, or allegations relating to the dispute to any individual who is, or who may be, a bona fide witness to the dispute. The parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty; AND • Breach of the confidentiality provision by disseminating or publishing information described in the preceding paragraph above through any form of mass media (including but not limited to posting on the Internet or on any social media platform) by a party, a party’s agent, or a party’s proxy shall constitute an act of wanton and gross bad faith, and shall constitute a waiver of the beaching party’s right to pursue the claim(s) and/or defense(s) against the non-breaching party, and shall entitle the non-breaching party to a default judgment against the breaching party.

Liquidated Damages for Breach of the Confidentiality Obligation. If a party Party violates its confidentiality obligations obliga- tions under this Dispute Resolution policyarbitration provision, the non-breaching nonbreaching party shall incur significant signifi- cant damages to its reputation and goodwill that shall not be readily calculablecalcu- lable. Therefore, if a partyParty, its attorneys, agents, or a proxy of a party breaches the confidentiality provisions provision of this Dispute Resolution policydis- pute resolution provision, the following shall apply: • The non-breaching party shall be entitled enti- tled to liquidated damages in the amount of $10,000.00 United States Dollars or local currency equivalent per violation, or $25,000.00 United States Dollars or local currency equivalent 50,000 per violation if the disclosure is published pub- lished on the internet, including but not limited to disclosure on any website or on any social media forum. Every disclosure dis- closure of each claim, allegation, pleadingplead- ing, or other prohibited disclosure shall constitute a separate violation. Notwithstanding Notwith- standing this confidentiality and liquidated liqui- dated damage provision, nothing herein shall limit the right or ability of a party Party to disclose evidence, claims, claims or allegations allega- tions relating to the dispute to any individual indi- vidual who is, or who may be, a bona fide witness to the dispute. The parties Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes a penalty; AND • Breach of the confidentiality provision provi- sion by disseminating or publishing information described in the preceding paragraph subpara- graph c. above through any form of mass media (including but not limited to posting on the Internet or on any social media platform) by a party, a party’s agent, or a party’s proxy shall constitute an act of wanton and gross bad faith, and shall constitute a waiver waiv- er of the beaching party’s right to pursue the claim(s) and/or defense(s) against the non-breaching party, and shall entitle the non-breaching party to a default judgment against the breaching party.

Liquidated Damages for Breach of the Confidentiality Obligation. If a party violates Party vio- lates its confidentiality obligations under this Dispute Resolution arbitration policy, the non-breaching party nonbreaching par- ty shall incur significant damages to its reputation and goodwill that shall not be readily calculable. Therefore, if a partyParty, its attorneys, agents, or a proxy of a party breaches the confidentiality provisions provision of this Dispute Resolution dispute resolution policy, the following shall apply: • The non-breaching party shall be entitled enti- tled to liquidated damages in the amount of $10,000.00 United States Dollars or local currency equivalent per violation, or $25,000.00 United States Dollars or local currency equivalent 50,000 per violation if the disclosure disclo- sure is published on the internet, including in- cluding but not limited to disclosure on any website or on any social media forum. Every disclosure of each claim, allegation, pleading, or other prohibited prohib- ited disclosure shall constitute a separate sepa- rate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a party Party to disclose dis- close evidence, claims, claims or allegations relating to the dispute to any individual individ- ual who is, or who may be, a bona fide witness to the dispute. The parties Parties agree that this liquidated damage amount is reasonable and waive all claims and defenses that it constitutes consti- tutes a penalty; AND • Breach of the confidentiality provision provi- sion by disseminating or publishing publish- ing information described in the preceding sub- paragraph c. above through any form of mass media (including but not limited to posting on the Internet Inter- net or on any social media platformplat- form) by a party, a party’s agent, or a party’s proxy shall constitute an act of wanton and gross bad faith, and shall constitute a waiver of the beaching party’s right to pursue the claim(s) and/or defense(s) against the non-breaching party, and shall entitle entitled the non-non- breaching party to a default judgment judg- ment against the breaching party.