Damage Penalty definition
Examples of Damage Penalty in a sentence
The parties acknowledge and agree that damages which will result to Lender for Company’s failure to timely file or have declared effective the Registration Statement shall be extremely difficult or impossible to establish or prove, and agree that the payment of Liquidated Damage Penalty is a reasonable estimate of potential damages and shall constitute liquidated damages for any breach of this paragraph.
In the event of a Registration Default, the Company hereby agrees to pay to the Lender Liquidated Damage Penalty as set forth in Section 7 until the Registration Statement takes effective.
The parties acknowledge and agree that damages which will result to Investor for Company’s failure to timely file or have declared effective the Registration Statement shall be extremely difficult or impossible to establish or prove, and agree that the payment of Liquidated Damage Penalty is a reasonable estimate of potential damages and shall constitute liquidated damages for any breach of this paragraph.
In lieu of (but not in addition to) the Exclusivity Liquidated Damage Penalty for a breach by Seller of Section 10.4(a) hereof, Buyer is entitled to seek other remedies otherwise available to Buyer under Applicable Law or this Agreement, including (i) specific performance of Seller’s obligations in accordance with the precise terms agreed hereby, as provided in Article 1846 of the Federal Civil Code, and (ii) rescission of this Agreement.
The parties acknowledge and agree that the Exclusivity Liquidated Damage Penalty is reasonable for Seller due to the nature of the obligation and the economic condition of Seller.
The parties acknowledge and agree that the Non-Compete Liquidated Damage Penalty is reasonable for Seller due to the nature of the obligation and the economic condition of Seller.
Seller further agrees that the Exclusivity Liquidated Damage Penalty alone may not be sufficient to compensate Buyer for a breach by Seller of Section 10.4(a) hereof and that the Exclusivity Liquidated Damage Penalty is provided for the simple delay in the performance of the obligations set forth in Section 10.4(a) hereof or for not performing such obligations in the manner agreed herein.