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 arbitration provision, the nonbreaching 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 provision of this dispute resolution provision, the following shall apply: • The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or blog 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 Section 3 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.

Appears in 2 contracts

Samples: thinkenergy.plus, signup.thinkenergy.plus

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Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confidentiality obligations under this arbitration provision, the nonbreaching 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 provision of this dispute resolution provision, the following shall apply: • The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or blog 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 Section 3 subparagraph 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 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.

Appears in 2 contracts

Samples: Coach Terms, nxmcdn.com

Liquidated Damages for Breach of the Confidentiality Obligation. If a Party party violates its confidentiality obligations under this arbitration provisiondispute resolution policy, the nonbreaching non-breaching party 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 provision confiden- tiality provisions of this dispute resolution provisionpolicy, the following shall apply: • The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 25,000.00 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or blog or on any social media forum. Every disclosure of each claim, allegation, pleading, or other prohibited disclosure shall constitute con- stitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party party to disclose evidence, claims 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 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 Section 3 subparagraph 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 of the beaching breaching 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.

Appears in 1 contract

Samples: cdn.truaurabeauty.com

Liquidated Damages for Breach of the Confidentiality Obligation. If a Party party violates its confidentiality obligations under this arbitration provisiondispute resolution policy, the nonbreaching non-breaching party 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 provision confiden- tiality provisions of this dispute resolution provisionpolicy, the following shall apply: • The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 25,000.00 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or blog or on any social media forum. Every disclosure of each claim, allegation, pleading, or other prohibited disclosure shall constitute con- stitute a separate violation. Notwithstanding this confidentiality and liquidated damage provision, nothing herein shall limit the right or ability of a Party party to disclose evidence, claims 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 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 Section 3 subparagraph c above through any form of mass media (including but not limited to posting on the Internet or on any social media m edia 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 breaching 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.

Appears in 1 contract

Samples: cdn.truaurabeauty.com

Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confidentiality obligations under this arbitration provision, the nonbreaching 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 provision of this dispute resolution provision, the following shall apply: The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or blog 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 Section 3 subparagraph 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 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-breaching party to a default judgment against the breaching party.

Appears in 1 contract

Samples: shopzallevo.com

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Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confidentiality obligations under this arbitration provision, the nonbreaching party 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 provision of this dispute resolution provision, the following shall apply: • The non-breaching party Party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or blog 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 Section 3 subparagraph 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 's agent, or a party’s 's proxy shall constitute an act of wanton and gross bad faith, and shall constitute a waiver of the beaching party’s Party's right to pursue the claim(s) and/or defense(s) against the non-breaching partyParty, and shall entitle the non-breaching party Party to a default judgment against the breaching partyParty.

Appears in 1 contract

Samples: nxmcdn.com

Liquidated Damages for Breach of the Confidentiality Obligation. If a Party violates its confidentiality obligations under this arbitration provisionpolicy, the nonbreaching 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 provision of this dispute resolution provisionpolicy, the following shall apply: • The non-breaching party shall be entitled to liquidated damages in the amount of $10,000.00 per violation, or $50,000 per violation if the disclosure is published on the internet, including but not limited to disclosure on any website or blog 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 Section 3 subparagraph 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 o r 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-breaching party to a default judgment against the breaching party.

Appears in 1 contract

Samples: Stylist Terms

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