Recovery of Damages. In the event the CITY is required to file suit for damages as a result of breach of contract by the CONTRACTOR, then the CITY shall be entitled to collect reasonable attorney fees, costs of litigation, and Court costs from CONTRACTOR.
Recovery of Damages. Full-Time Employees, ONLY An employee who is absent by reason of injury caused by another person, whereby such employee's sick leave credits are reduced or exhausted and such employee recovers damages by way of action or settlement from such other person for such loss of sick leave credits, may repay to the Employer a sum so as to restore such employee's sick leave credits to the position in which they were before the accident, computed according to the basic salary at that time.
Recovery of Damages. The Judicial Council shall be entitled to damages equal to the amount necessary to compensate the Judicial Council for all the detriment proximately caused by Contractor’s failure to perform Contractor’s obligations under this SPPA including any detriment which in the ordinary course of events would be likely to result from Contractor’s failure.
Recovery of Damages. Suit or suits for the recovery of any and all damages, or any installments thereof, provided for hereunder may be brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the date when the term of this Lease would have expired if it had not been terminated under the provisions of this Article, or under any provisions of law, or had Landlord not re-entered the Demised Premises.
Recovery of Damages. In any case under this contract where DHS has the authority to withhold Monthly Rate of Service (MROS) payments, DHS also has the authority to use all other legal processes for the recovery of damages. DHS may withhold or recover portions of the MROS payments in liquidated damages or otherwise recover damages from the Contractor notwithstanding the provisions of this contract. The withholding or recoveries will be made absent the Contractor’s prompt and reasonable efforts to remove the grounds described.
Recovery of Damages. Landlord agrees to use commercially reasonable efforts to mitigate damages caused by a default or breach of Tenant. If Landlord at any time terminates this Lease upon the occurrence of an Event of Default, then in addition to any other remedies it may have, Landlord may recover from Tenant by reason of such breach all Rent and Additional Rent accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant under this Lease. In addition, upon the occurrence of an Event of Default, Landlord may recover as damages for loss of the bargain and not as a penalty the sum of (i) the unamortized cost to Landlord, computed and determined in accordance with generally accepted accounting principles, of any tenant improvements provided by Landlord at its expense, (ii) the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate Rent and Additional Rent at the same annual rate for the remainder of the Term as then in effect over the then present value of the then aggregate fair rental value of the Premises for the balance of the Term immediately prior to such termination, such present worth to be computed in each case on the basis of a five percent (5%) per annum discount from the respective dates upon which Rent would have been payable under this Lease had the Term not been terminated, and (iii) any additional damages, including any costs or expenditures to fit the Premises to the needs of Tenant, reasonable attorneys' fees and court costs which Landlord sustains by reason of the breach of any of the covenants of this Lease other than for the payment of Base Rent and Additional Rent.
Recovery of Damages. 13 12.5 Waiver ........................................................ 13 12.6
Recovery of Damages. Trustees shall be entitled to damages equal to the amount necessary to compensate Trustees for all the detriment proximately caused by Licensee’s failure to perform Licensee’s obligations under this Agreement including any detriment which in the ordinary course of events would be likely to result from Licensee’s failure.
Recovery of Damages. Any damage or loss of rent sustained by Landlord may be recovered by Landlord, at Landlord's option, in separate actions, from time to time, as said damage shall have been ascertained or, at Landlord's option, may be deferred until the expiration of the term of this Lease (in which event Tenant hereby agrees that the cause of action shall not be deemed to have accrued until the date of expiration of said term). The provisions contained in this paragraph shall be in addition to and shall not prevent the enforcement of any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any rights and remedies provided to Landlord under applicable law. In the event Tenant becomes the subject debtor in a case under the Bankruptcy Code, the provisions of this Section 12.4 may be limited by the limitations of damage provisions of the Bankruptcy Code.
Recovery of Damages. Neither Party shall be entitled under any provision of this Supply Agreement to recover damages, or obtain payment, reimbursement, restitution or indemnity more than once in respect of the same loss, shortfall, damage, deficiency, breach or other event or circumstance.
