Common use of Stipulated Damages Clause in Contracts

Stipulated Damages. The damages to NewCo upon of a violation of this Agreement with respect to hiring or soliciting a Restricted Party is difficult if not impossible to calculate and, upon a violation of Paragraph 3, Contributor jointly and severally shall pay NewCo liquidated damages of $100,000 for each Restricted Party solicited or hired by Contributor (or any entity owned or controlled in whole or in part by a Contributor). If Contributor fails to pay or perform such liability or obligation within five (5) days after written demand, then such amounts owed by Contributor hereunder may be set off from time to time from any amount NewCo (or its affiliate) owes a Contributor (or its affiliate).

Appears in 4 contracts

Samples: Dealership Asset Contribution Agreement (LMP Automotive Holdings, Inc.), Dealership Asset Contribution Agreement (LMP Automotive Holdings, Inc.), Dealership Asset Contribution Agreement (LMP Automotive Holdings, Inc.)

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Stipulated Damages. The damages to NewCo NewCos upon of a violation of this Agreement with respect to hiring or soliciting a Restricted Party is difficult if not impossible to calculate and, upon a violation of Paragraph 3, Contributor Contributors jointly and severally shall pay NewCo NewCos liquidated damages of $100,000 for each Restricted Party solicited or hired by Contributor Contributors (or any entity owned or controlled in whole or in part by a Contributor). If Contributor Contributors fails to pay or perform such liability or obligation within five (5) days after written demand, then such amounts owed by Contributor any Contributors hereunder may be set off from time to time from any amount NewCo a NewCos (or its affiliate) owes a Contributor (or its affiliate).

Appears in 1 contract

Samples: Dealership Asset Contribution Agreement (LMP Automotive Holdings, Inc.)

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Stipulated Damages. The damages to NewCo NewCos upon of a violation of this Agreement with respect to hiring or soliciting a Restricted Party is difficult if not impossible to calculate and, upon a violation of Paragraph 3, Contributor Contributors jointly and severally shall pay NewCo NewCos liquidated damages of $100,000 for each Restricted Party solicited or hired by Contributor Contributors (or any entity owned or controlled in whole or in part by a Contributor). If Contributor Contributors fails to pay or perform such liability or obligation within five (5) days after written demand, then such amounts owed by Contributor either Contributors hereunder may be set off from time to time from any amount NewCo a NewCos (or its affiliate) owes a Contributor (or its affiliate).

Appears in 1 contract

Samples: Dealership Asset Contribution Agreement (LMP Automotive Holdings, Inc.)

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