Common use of Penalties and Attorneys’ Fees Clause in Contracts

Penalties and Attorneys’ Fees. Penalties for any violations of this Agreement 45 shall, to the extent addressed in the Schedule of Penalties, be limited to the amounts set forth on 46 the Schedule of Penalties plus all costs, fees and expenses, including attorney’s fees, incurred by 1 the Sector or, in a case in which the Sector does not take enforcement action, by the Members 2 bringing such action, in enforcing the provisions of this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the Members and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, and instead agree that payment of the amounts set forth on the 5 Schedule of Penalties and costs of enforcement shall be their sole remedy for breaches of this 6 Agreement. In connection with any legal proceeding related to this Agreement, the non- 7 prevailing party shall pay the prevailing party’s reasonable costs and attorney’s fees associated 8 with the proceeding.

Penalties and Attorneys’ Fees. Penalties for any violations of this Agreement 45 35 shall, to the extent addressed in the Schedule of Penalties, be limited to the amounts set forth on 46 36 the Schedule of Penalties plus all costs, fees and expenses, including attorney’s fees, incurred by 1 37 the Sector or, in a case in which the Sector does not take enforcement action, by the Members 2 38 bringing such action, in enforcing the provisions of this Agreement. To the extent the Schedule 3 39 of Penalties addresses such matter, the Members and the Sector hereby waive any claims to 4 40 actual, direct, or indirect damages, and instead agree that payment of the amounts set forth on the 5 41 Schedule of Penalties and costs of enforcement shall be their sole remedy for breaches of this 6 42 Agreement. In connection with any legal proceeding related to this Agreement, the non- 7 43 prevailing party shall pay the prevailing party’s reasonable costs and attorney’s fees associated 8 44 with the proceeding.. 45

Penalties and Attorneys’ Fees. Penalties for any violations of this 39 Agreement 45 shall, to the extent addressed in the Schedule of Penalties, be limited to the 40 amounts set forth on 46 the Schedule of Penalties plus all costs, fees and expenses, including attorney’s 41 attorneys fees, incurred by 1 the Sector or, in a case in which the Sector does not take 42 enforcement action, by the Members 2 bringing such action, in enforcing the provisions of 43 this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the 44 Members and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, 45 and instead agree that payment of the amounts set forth on the 5 Schedule of Penalties and 46 costs of enforcement shall be their sole remedy for breaches of this 6 Agreement. In 1 connection with any legal proceeding related to this Agreement, the non- 7 non-prevailing party 2 shall pay the prevailing party’s reasonable costs and attorney’s fees associated 8 with the 3 proceeding.

Penalties and Attorneys’ Fees. Penalties for any violations of this Agreement 45 1 shall, to the extent addressed in the Schedule of Penalties, be limited to the amounts set forth on 46 2 the Schedule of Penalties plus all costs, fees and expenses, including attorney’s fees, incurred by 1 3 the Sector or, in a case in which the Sector does not take enforcement action, by the Members 2 4 bringing such action, in enforcing the provisions of this Agreement. To the extent the Schedule 3 5 of Penalties addresses such matter, the Members and the Sector hereby waive any claims to 4 6 actual, direct, or indirect damages, and instead agree that payment of the amounts set forth on the 5 7 Schedule of Penalties and costs of enforcement shall be their sole remedy for breaches of this 6 8 Agreement. In connection with any legal proceeding related to this Agreement, the non- 7 9 prevailing party shall pay the prevailing party’s reasonable costs and attorney’s fees associated 8 10 with the proceeding.

Penalties and Attorneys’ Fees. 3 Penalties for any violations of this Agreement 45 shall, to the extent addressed in the Schedule of 4 Penalties, be limited to the amounts set forth on 46 the Schedule of Penalties plus all costs, fees and 5 expenses, including attorney’s fees, incurred by 1 the Sector or, in a case in which the Sector does 6 not take enforcement action, by the Members 2 bringing such action, in enforcing the provisions 7 of this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the Members 8 and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, and instead agree 9 that payment of the amounts set forth on the 5 Schedule of Penalties and costs of enforcement 10 shall be their sole remedy for breaches of this 6 Agreement. In connection with any legal 11 proceeding related to this Agreement, the non- 7 non-prevailing party shall pay the prevailing party’s 12 reasonable costs and attorney’s fees associated 8 with the proceeding.

Penalties and Attorneys’ Fees. 27 Penalties for any violations of this Agreement 45 shall, to the extent addressed in the Schedule of 28 Penalties, be limited to the amounts set forth on 46 the Schedule of Penalties plus all costs, fees and 29 expenses, including attorney’s fees, incurred by 1 the Sector or, in a case in which the Sector does 30 not take enforcement action, by the Members 2 bringing such action, in enforcing the provisions 31 of this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the Members 32 and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, and instead agree 33 that payment of the amounts set forth on the 5 Schedule of Penalties and costs of enforcement 34 shall be their sole remedy for breaches of this 6 Agreement. In connection with any legal 35 proceeding related to this Agreement, the non- 7 non-prevailing party shall pay the prevailing party’s 36 reasonable costs and attorney’s fees associated 8 with the proceeding.. 37

Penalties and Attorneys’ Fees. Penalties for any violations of this 40 Agreement 45 shall, to the extent addressed in the Schedule of Penalties, be limited to the 41 amounts set forth on 46 the Schedule of Penalties plus all costs, fees and expenses, including attorney’s 42 attorneys fees, incurred by 1 the Sector or, in a case in which the Sector does not take 43 enforcement action, by the Members 2 bringing such action, in enforcing the provisions of 44 this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the 45 Members and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, 46 and instead agree that payment of the amounts set forth on the 5 Schedule of Penalties and 1 costs of enforcement shall be their sole remedy for breaches of this 6 Agreement. In 2 connection with any legal proceeding related to this Agreement, the non- 7 non-prevailing party 3 shall pay the prevailing party’s reasonable costs and attorney’s fees associated 8 with the 4 proceeding.

Penalties and Attorneys’ Fees. Penalties for any violations of this 3 Agreement 45 shall, to the extent addressed in the Schedule of Penalties, be limited to the 4 amounts set forth on 46 the Schedule of Penalties plus all costs, fees and expenses, including attorney’s 5 attorneys fees, incurred by 1 the Sector or, in a case in which the Sector does not take xxxx 0 enforcement action, by the Members 2 bringing such action, in enforcing the provisions of 7 this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the 8 Members and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, 9 and instead agree that payment of the amounts set forth on the 5 Schedule of Penalties and 10 costs of enforcement shall be their sole remedy for breaches of this 6 Agreement. In 11 connection with any legal proceeding related to this Agreement, the non- 7 non-prevailing party 12 shall pay the prevailing party’s reasonable costs and attorney’s fees associated 8 with the 13 proceeding.

Penalties and Attorneys’ Fees. 30 Penalties for any violations of this Agreement 45 shall, to the extent addressed in the Schedule of 31 Penalties, be limited to the amounts set forth on 46 the Schedule of Penalties plus all costs, fees and 32 expenses, including attorney’s fees, incurred by 1 the Sector or, in a case in which the Sector does 33 not take enforcement action, by the Members 2 bringing such action, in enforcing the provisions 34 of this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the Members 35 and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, and instead agree 36 that payment of the amounts set forth on the 5 Schedule of Penalties and costs of enforcement 37 shall be their sole remedy for breaches of this 6 Agreement. In connection with any legal 38 proceeding related to this Agreement, the non- 7 non-prevailing party shall pay the prevailing party’s 39 reasonable costs and attorney’s fees associated 8 with the proceeding.. 40

Penalties and Attorneys’ Fees. 10 Penalties for any violations of this Agreement 45 shall, to the extent addressed in the Schedule of 11 Penalties, be limited to the amounts set forth on 46 the Schedule of Penalties plus all costs, fees and 12 expenses, including attorney’s fees, incurred by 1 the Sector or, in a case in which the Sector does 13 not take enforcement action, by the Members 2 bringing such action, in enforcing the provisions 14 of this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the Members 15 and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, and instead agree 16 that payment of the amounts set forth on the 5 Schedule of Penalties and costs of enforcement 17 shall be their sole remedy for breaches of this 6 Agreement. In connection with any legal 18 proceeding related to this Agreement, the non- 7 non-prevailing party shall pay the prevailing party’s 19 reasonable costs and attorney’s fees associated 8 with the proceeding.

Penalties and Attorneys’ Fees. 24 Penalties for any violations of this Agreement 45 shall, to the extent addressed in the Schedule of 25 Penalties, be limited to the amounts set forth on 46 the Schedule of Penalties plus all costs, fees and 26 expenses, including attorney’s fees, incurred by 1 the Sector or, in a case in which the Sector does 27 not take enforcement action, by the Members 2 bringing such action, in enforcing the provisions 28 of this Agreement. To the extent the Schedule 3 of Penalties addresses such matter, the Members 29 and the Sector hereby waive any claims to 4 actual, direct, or indirect damages, and instead agree 30 that payment of the amounts set forth on the 5 Schedule of Penalties and costs of enforcement 31 shall be their sole remedy for breaches of this 6 Agreement. In connection with any legal 32 proceeding related to this Agreement, the non- 7 non-prevailing party shall pay the prevailing party’s 33 reasonable costs and attorney’s fees associated 8 with the proceeding.