LIQUIDATED DAMAGES PROVISIONS definition
Examples of LIQUIDATED DAMAGES PROVISIONS in a sentence
EACH PARTY HEREBY WAIVES ANY AND ALL RIGHTS TO CONTEST THE VALIDITY OF THE FOREGOING LIQUIDATED DAMAGES PROVISIONS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SUCH PROVISION BEING UNREASONABLE UNDER CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OR AT THE TIME OF DEFAULT.
EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME OF THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISIONS.
FOR PURPOSES OF THIS SECTION, AMOUNTS DUE AND OWING TO SERVICE PROVIDER PURSUANT TO THE ATTACHED SERVICE LEVEL AGREEMENTS IN EXHIBIT "E" (SERVICE CREDITS AND SERVICE METRICS) AND DUE AND OWING TO PROVO PURSUANT TO ARTICLE IV OR THE LIQUIDATED DAMAGES PROVISIONS OF EXHIBIT "A" SHALL NOT BE CONSIDERED TO BE INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES.
SUBJECT TO LIQUIDATED DAMAGES PROVISIONS OF SECTION 14, AND EXCEPT FOR DAMAGES PAYABLE UNDER THE INDEMNITY PROVISIONS OF SECTION 16 AND THE CONFIDENTIALITY PROVISIONS OF SECTION 12, NEITHER FLEX ON THE ONE HAND NOR SICPA ON THE OTHER HAND SHALL BE LIABLE TO THE OTHER, UNDER ANY CIRCUMSTANCES, FOR SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, OR COST OF PURCHASED OR REPLACEMENT GOODS.
AS MATERIAL CONSIDERATION TO EACH PARTY’S AGREEMENT TO THE LIQUIDATED DAMAGES PROVISIONS STATED ABOVE, EACH PARTY HEREBY AGREES TO WAIVE ANY AND ALL RIGHTS WHATSOEVER TO CONTEST THE VALIDITY OF THE LIQUIDATED DAMAGES PROVISIONS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THAT SUCH PROVISION WAS UNREASONABLE UNDER THE CIRCUMSTANCES EXISTING AT THE TIME THIS AGREEMENT WAS MADE.
CONTRACTOR AND OWNER HEREBY IRREVOCABLY WAIVE ANY DEFENSES AVAILABLE TO THEM UNDER LAW OR EQUITY RELATING TO THE ENFORCEABILITY OF THE LIQUIDATED DAMAGES PROVISIONS SET FORTH IN THIS ARTICLE 15.
AS MATERIAL CONSIDERATION TO EACH PARTY’S AGREEMENT TO THE LIQUIDATED DAMAGES PROVISIONS OF THIS SECTION, EACH PARTY HEREBY AGREES TO WAIVE ANY AND ALL RIGHTS WHATSOEVER TO CONTEST THE VALIDITY OF THE LIQUIDATED DAMAGE PROVISIONS FOR ANY REASON WHATSOEVER (THOUGH THE PARTIES CAN CONTEST WHETHER OR NOT A BREACH GIVING RISE TO THE LIQUIDATED DAMAGES REMEDY HAS OCCURRED), INCLUDING, BUT NOT LIMITED TO, THAT SUCH PROVISION WAS UNREASONABLE UNDER CIRCUMSTANCES EXISTING AT THE TIME THIS AGREEMENT WAS MADE.
EACH OF PURCHASER AND GENERAL PARTNER SPECIFICALLY CONFIRMS THAT IT WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THE LIQUIDATED DAMAGES PROVISIONS CONTAINED IN THIS PARAGRAPH (a).
THE PARTIES HAVE SET FORTH THEIR INITIALS BELOW TO INDICATE THEIR AGREEMENT WITH THE LIQUIDATED DAMAGES PROVISIONS CONTAINED IN THIS SECTION.