Money Damages. If the Losses indemnified against pursuant to the provisions of Articles 10.1 and 10.2 hereof can be compensated by the payment of money to the other party, the indemnifying party shall, within 21 days after receipt of a written notice of a claim pursuant to Article 10.4 deliver to the other party either: (i) the amount of such claim by check or by wire transfer to the bank account of that party's choosing, or (ii) a written notice stating that it or he objects to the validity of such claim and setting forth in reasonable detail the grounds on which it or he is contesting the validity of the claim.
Money Damages. PHB may take such other action available at law, in equity, or otherwise as may appear necessary to enforce the covenants, conditions, agreements, and/or obligations of the Owner in this Agreement, in such order and manner as it may select, to recover monetary damages caused by such violation or attempted violation of any covenant, condition, agreement, and/or obligation. Such damages to include but not be limited to all costs, expenses including but not limited to staff and administrative expense, fees including but not limited to all reasonable attorneys’ fees which may be incurred by the PHB or any other party in enforcing or attempting to enforce this Agreement following any Event of Default on the part of the Owner or their successors, whether the same shall be enforced by suit or otherwise; together with all such costs, fees and expenses which may be incurred in connection with any amendment to this Agreement or otherwise at the request of the Owner.
Money Damages. NMFS shall not be liable for any monetary damages for any breach of this Agreement, any performance or failure to perform an obligation under this Agreement, or any other cause of action arising from this Agreement, except in the case of property damage or injury (including death) caused by the negligence or willful misconduct of NMFS or any of its contractors, agents, employees or volunteers.
Money Damages. If the Losses indemnified against pursuant to the provisions of Articles 12.1 and 12.2 hereof can be compensated by the payment of money to the other party, the indemnifying party shall, within 21 days after receipt of a written notice of a claim pursuant to Article 12.4 deliver to the other party either: (i) the amount of such claim by check or by wire transfer to the bank account of that party's choosing, or (ii) a written notice stating that it objects to the validity of such claim and setting forth in reasonable detail the grounds on which it is contesting the validity of the claim.
Money Damages. Neither party shall be liable to the other for special, incidental or consequential damages (including lost profits or sales) as a result of any breach under this Agreement. In the case of claims against NeoMedia, Solar's damages shall not exceed $2,500,000. In the case of claims against Solar, NeoMedia's damages shall not exceed $2,500,000. The limitations of this Section 5.5 shall not apply to claims for breach of intellectual property rights, attorney fees under Section 5.7, unauthorized disclosures of Confidential Information under Section 6.1, fraud, or obligations to defend under Article VIII.
Money Damages. In the event of any breach or threatened breach of any of Loggenberg's covenants or assurances as set forth in this Agreement, the Companies, or any of their successors or assigns, shall be entitled, in addition to any other remedies under this Agreement or applicable law, to bring suit against Loggenberg for damages and for such other remedies. Notwithstanding the above mentioned, money damages—including legal fees and injunctive relief—shall not exceed the total severance compensation paid.
Money Damages. The City may take such other action available at law, in equity, or otherwise as may appear necessary to enforce the covenants, conditions, agreements, and/or obligations of the Operator in this Agreement, in such order and manner as it may select, to recover monetary damages caused by such violation or attempted violation of any covenant, condition, and/or obligation in this Agreement. Such damages to include but are not limited to all costs, fees, and expenses, including but not limited to staff and administrative expense, fees including but not limited to all reasonable attorneys’ fees which may be incurred by the City or any other party in enforcing or attempting to enforce this Agreement following any Event of Default on the part of the Operator or its successors, whether the same shall be enforced by suit or otherwise; together with all such costs, fees and expenses which may be incurred in connection with any amendment to this Agreement or otherwise at the request of the Operator.
Money Damages. The Board may recover money damages for additional costs of service, costs of capital and other actual costs incurred by the other Parties resulting from the Default, plus interest at the statutory judgement rate of interest from the date of Default.
Money Damages. It is understood and agreed that money damages may not be a sufficient remedy for any breach of this agreement and that the Discloser may be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach. Such remedy shall not be deemed to be the exclusive remedy for breach of this agreement but shall be in addition to all other remedies available at law or equity to the Discloser. This agreement (a) does not create any agency, partnership, or other business relationship; (b) embodies the entire understanding between the parties pertaining to the subject matter hereof, and any additions or modifications to this Agreement must be in writing and must be signed by both parties; (c) is not assigned or delegable in whole or in part without the written consent of the parties; and (d) shall inure to the benefit of and be binding upon the parties, their successors, and assigns. The Discloser reserves a right to disclose Confidential Information to any third party and to the Discloser’s affiliates at its own discretion. It will not be considered breach of this Agreement. In witness whereof, the parties’ duly authorized representatives have executed this Agreement as of the Effective Date.
Money Damages. If the Loss indemnified against pursuant to the provisions of Article 7.1 hereof can be compensated by the payment of money, ECO2 and Prentice Capital shall, within 21 days after receipt of a written notice of a claim pursuant to Article 7.2 deliver to the Indemnitee either: (a) the amount of such claim by check or by wire transfer to the bank account of that party's choosing, or (b) a written notice stating that they object to the validity of such claim and setting forth in reasonable detail the grounds on which it is contesting the validity of the claim.
