Common use of Penalties and Attorneys’ Fees Clause in Contracts

Penalties and Attorneys’ Fees. 29 Penalties for any violations of this Agreement shall, be limited to the amounts set forth on 30 the Schedule of Penalties plus all costs, fees and expenses, including attorney fees, 31 incurred by the Sector or, in a case in which the Sector does not take enforcement action, 32 by the Members bringing such action, in enforcing the provisions of this Agreement. 34 To the extent the Schedule of Penalties addresses such matter, the Members and the 35 Sector hereby waive any claims to actual, direct, or indirect damages, and instead agree 36 that payment of the amounts set forth on the Schedule of Penalties and costs of 37 enforcement shall be their sole remedy for breaches of this Agreement. 39 In connection with any legal proceeding related to this Agreement, the non-prevailing 40 party shall pay the prevailing party’s reasonable costs and attorney’s fees associated with 41 the proceeding. 42

Penalties and Attorneys’ Fees. 29 Penalties for any violations of this Agreement shall, be limited to the amounts set forth on the 30 the Schedule of Penalties plus all costs, fees and expenses, including attorney attorneys fees, 31 incurred by the 31 Sector or, in a case in which the Sector does not take enforcement action, 32 by the Members 32 bringing such action, in enforcing the provisions of this Agreement. 33 34 To the extent the Schedule of Penalties addresses such matter, the Members and the Sector 35 Sector hereby waive any claims to actual, direct, or indirect damages, and instead agree 36 that payment of 36 the amounts set forth on the Schedule of Penalties and costs of 37 enforcement shall be their sole 37 remedy for breaches of this Agreement. 38 39 In connection with any legal proceeding related to this Agreement, the non-prevailing 40 party shall 40 pay the prevailing party’s reasonable costs and attorney’s fees associated with 41 the proceeding. 41 42

Penalties and Attorneys’ Fees. 29 14 Penalties for any violations of this Agreement shall, be limited to the amounts set 15 forth on 30 the Schedule of Penalties plus all costs, fees and expenses, including attorney 16 fees, 31 incurred by the Sector or, in a case in which the Sector does not take 17 enforcement action, 32 by the Members bringing such action, in enforcing the provisions 18 of this Agreement. 34 19 20 To the extent the Schedule of Penalties addresses such matter, the Members and the 35 21 Sector hereby waive any claims to actual, direct, or indirect damages, and instead 22 agree 36 that payment of the amounts set forth on the Schedule of Penalties and costs of 37 23 enforcement shall be their sole remedy for breaches of this Agreement. 39 24 25 In connection with any legal proceeding related to this Agreement, the non-prevailing 40 26 party shall pay the prevailing party’s reasonable costs and attorney’s fees associated 27 with 41 the proceeding. 4228