Liquated Damages. Customer understands and agrees that Veracity will incur substantial losses upon an early termination of Service, which may include: (i) upfront costs from third-party service providers and subcontractors; (ii) commitments to subscription-based services related to the provision of the Services; (iii) allocation of substantial labor force resources to mobilize for the provision of the Services; (iv) substantial lost opportunity costs; and (v) lost profits. Customer acknowledges and agrees that the precise losses incurred by Veracity as a result of an early termination are difficult to ascertain and that the early termination charges set forth in this Section 3 are fair and reasonable estimates of Company’s anticipated and actual damages, and not a penalty.
Liquated Damages. 34.1 If, in the judgment of the Director, or his/her designee, CONTRACTOR is deemed to be non-compliant with the terms and obligations assumed hereby, the Director, or his/her designee, at his/her option, in addition to, or in lieu of, other remedies provided herein, may withhold the entire monthly payment or deduct pro rata from CONTRACTOR’s invoice for work not performed. A description of the work not performed and the amount to be withheld or deducted from payments to CONTRACTOR from COUNTY, will be forwarded to CONTRACTOR by the Director, or his/her designee, in a written notice describing the reasons for said action.
Liquated Damages. If the Company has not closed the Qualified IPO and registered the Registrable Securities in the Qualified IPO within 120 days of the final Closing (any such failure or breach being referred to as an “Event”, and the date on which such Event occurs, is being referred to as an “Event Date”), then, on each such Event Date and on each monthly anniversary of each such Event Date (if the applicable Event shall not have been cured by such date) until the applicable Event is cured, the Company shall pay to each Purchaser an amount in cash, as partial liquidated damages and not as a penalty, equal to the product of 2.5% multiplied by the aggregate Subscription Amount paid by such Purchaser pursuant to this Agreement. The parties agree that the maximum aggregate liquidated damages payable to a Purchaser under this Agreement shall be 10% of the aggregate Subscription Amount paid by such Holder pursuant to the Purchase Agreement. The partial liquidated damages pursuant to the terms hereof shall apply on a daily pro rata basis for any portion of a month prior to the cure of an Event
Liquated Damages. Customer agrees that Veracity’s damages for early termination would be difficult to determine, and the termination charge(s) constitutes a reasonable estimate of appropriate liquidated damages and that such is not a penalty. In the event Customer cancels Services in writing (Veracity's Cancellation Form,) charges for Services will stop billing at the end of the applicable billing period.
Liquated Damages. Homeowner acknowledges that Exteriors Plus is undertaking significant effort and work to provide Homeowner information regarding the home, the repair of the home, and Exterior Plus’ repair services, and that, in so doing, is devoting significant resources to Homeowner and foregoing other opportunities to work on other projects. Homeowner further acknowledges that if Homeowner’s insurance claim is approved and Homeowner does not use Exteriors Plus to perform the work set forth in this contract, Exteriors Plus will suffer significant damages, the exact calculation of which would be difficult and impossible to calculate. Homeowner agrees that if the insurance claim is approved by the insurance company and Homeowner does not use Exteriors Plus to perform the work set forth in this contract, Homeowner shall be obligated to pay Exteriors Plus 20% of the contract price, such payment not being a penalty, but a reasonable approximation of the damages Exteriors Plus will suffer.
Liquated Damages. The grantee or assignee of this Option Agreement stipulate that any damages under this Option Agreement would be painstakingly difficult to assess, and thereby consents to liquidated damages of disgorgement of any proceeds of sale from the contemplated securities, due and owing to Sungame.
Liquated Damages. The parties agree that calculation of actual damages resulting from failure to meet performance standards is extremely difficult, if not impossible, to calculate accurately, and the parties also agree that the compensation identified for such failures are a reasonable estimate of damages resulting from a failure to meet the performance standard described. Therefore, the parties agree that the Contractor must be subject to amounts due as liquidated damages, but not as a penalty, for each such failure, as follows: For each Service in Exhibit A, Agency has the ability to assess Liquidated Damages of $200 per day per deliverable. Notwithstanding any other provision herein, liquidated damages shall not be subject to a limitation on damages or limit of liability for damages that otherwise may be applicable to recoverable damages. If Agency elects not to impose liquidated damages in a particular instance, this decision shall not be construed as a waiver of the Agency’s right to pursue future assessment of performance standards and associated liquidated damages; nor construed to limit any additional remedies available to Agency.
Liquated Damages. The parties agree that calculation of actual damages resulting from failure to meet performance standards is extremely difficult, if not impossible, to calculate accurately, and the parties also agree that the compensation identified for such failures are a reasonable estimate of damages resulting from a failure to meet the performance standard described. Therefore, the parties agree that Contractor must be subject to amounts due as liquidated damages, but not as a penalty, for each such failure, as follows: • For each Service or Deliverable in Exhibit A, Figure 1, Agency has the ability to assess liquidated damages of $200 per day per unit. Notwithstanding any other provision herein, liquidated damages shall not be subject to a limitation on damages or limit of liability for damages that otherwise may be applicable to recoverable damages. If Agency elects not to impose liquidated damages in a particular instance, this decision shall not be construed as a waiver of the Agency’s right to pursue future assessment of performance standards and associated liquidated damages; nor construed to limit any additional remedies available to Agency. (The remainder of this page has been left intentionally blank.) EXHIBIT D
Liquated Damages. If applicable, ODHS will incorporate liquidated damages into each procured contract as required under section IV.B of the CDBG-DR Consolidated Notice, published at 87 FR 6364.
Liquated Damages. The Union may seek liquidated damages of one (1%) percent per month, non- compounding, for late remittance of dues, pension contributions and/or benefit premiums if the Employer cannot show reasonable cause for the late remittance. If the parties are unable to agree on the amount owing, the complaint may be submitted to arbitration.
