Other Damages. Damages for Events of Default not specified above shall consist of the direct Damages incurred by the Non-Defaulting Party.
Other Damages. At Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by Law. As used in Sections 20.2.1 and 20.2.2, the phrase “worth at the time of the award” shall be computed by adding interest on all such sums from the date when originally due at the Interest Rate. As used in Section 20.2.3, the phrase “worth at the time of the award” shall be computed by discounting the sum in question at the Federal Reserve rate promulgated by the Federal Reserve office for the district in which the Project is located, plus one percent (1%).
Other Damages. Notwithstanding the exercise by Lender or its Assignee of any of the remedies found in Section 9(b) above, Borrower shall, in any event remain fully liable for reasonable damages as provided by law and for all reasonable costs of collection and reasonable expenses incurred by Lender or its Assignee on account of such Event of Default including but not limited to all expenses of selling or leasing the Collateral (including broker’s and sales representative’s fees and commissions), cleaning and repainting, storage costs, repossession costs, court costs and reasonable attorney’s fees. Borrower hereby agrees that, in any event, it will be liable for any deficiency after any lease or other disposition of the Collateral. The rights afforded Lender hereunder shall not be deemed to be exclusive, but may be exercised concurrently and shall be in addition to any other rights or remedies provided to creditors or lenders under the UCC or otherwise by law or equity.
Other Damages. The City may recover from the Design-Builder, withhold from payments under this Contract, or both, actual costs incurred by the City due to the extra effort necessitated because the Work is extended over a longer period of time, such as the actual costs of additional engineering and inspections by the City or extended third party services. This right to actual damages shall apply to both late Substantial Completion and late Final Acceptance.
Other Damages. Except as provided in Section 6.2, neither party shall be liable to the other party, whether in contract, tort (including negligence and strict liability), or otherwise, for any special or incidental damages whatsoever, which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder, including but not limited to loss of profits.
Other Damages. The liquidated damages prescribed in this Article 8 shall be payable in addition to any other expenses or costs payable by Construction Manager to Owner under the Contract for Construction, and shall not preclude the recovery of damages by Owner under other provisions of the Contract for Construction. Owner’s right to received liquidated damages shall in no manner affect Owner’s right to terminate the Contract for Construction, as provided herein or elsewhere in the Contract for Construction. Owner’s exercise of the right to terminate shall not release Construction Manager from the obligation to pay said liquidated damages.
Other Damages. Dealership will not assert, and neither of the Ally Parties is liable for, any Claim for consequential, incidental, punitive or exemplary damages.
Other Damages. In addition to the agreed consequences of breach set out above, the parties hereby agree any court obtaining jurisdiction over the involved Dispute shall, upon the court's discretion, have the authority to impose the consequences set out in the Rules of Civil Procedure of that court, for the failure of a party to cooperate in discovery and pretrial matters, including, but not limited to, the striking of a party's pleading, award of attorney's fees and costs, and such other remedies as the court may deem appropriate. The remedies set forth in this subparagraph are in addition to the court's contempt and other judicial powers.
Other Damages. Notwithstanding any other provision of this Agreement to the contrary, no Indemnifying Party shall be liable to an Indemnified Party for any consequential or punitive damages. For purposes of this paragraph, consequential and punitive damages do not include out-of-pocket Losses incurred by an Indemnified Party and resulting from a Third Party Claim.
Other Damages. Upon an Event of Default, in addition to any sum provided to be paid herein, Tenant also shall be liable for and shall pay to Landlord (i) brokers' fees incurred by Landlord in connection with re-letting the whole or any part of the Premises; (ii) the costs of removing and storing Tenant's or other occupant's property; (iii) the costs of repairing, altering, remodeling or otherwise putting the Premises into condition acceptable to a new lessee or lessees; and (iv) all costs and expenses incurred by Landlord in enforcing or defending Landlord's rights and/or remedies. If either party hereto institutes any action or proceeding to enforce any provision hereof by reason of any alleged breach of any provision of this Lease, the prevailing party shall be entitled to receive from the losing party all reasonable attorney's fees and all court costs incurred in connection with such proceeding.
