Reasonable Estimate. In the event the Company is unable to file its annual report by the applicable Payment Date, the Company shall use its best efforts to make a reasonable estimate of the amount of gross revenues from all sources to calculate the Revenue Payment.
Reasonable Estimate. Not as a penalty but as liquidated damages representing the parties’ estimate at the time of Contract execution of the damages that Owner will sustain for late Substantial Completion of Work. The parties stipulate and agree that the actual damages sustained by Owner for late Substantial Completion of the Work will be uncertain and difficult to ascertain, that calculating Owner’s actual damages would be impractical, unduly burdensome, and cause unnecessary delay, and that the amount of daily liquidated damages set forth above is a reasonable estimate.
Reasonable Estimate. You acknowledge and agree that the injury to us caused by your breach of this Agreement and its termination is difficult or impossible to accurately estimate, and that the methods of calculating liquidated damages in Sections 10(d)(2), 10(d)(3), and 11(a) are reasonable estimates of our probable loss resulting from your breach of this Agreement and its termination. Liquidated damages are the sole remedy available to us for loss of opportunity or similar damages. Payment of liquidated damages by you does not affect your obligation to pay us all Monthly Fees and other fees and amounts due to us that accrued before the termination of this Agreement nor does it affect your continuing indemnification obligations pursuant to Section 13 of this Agreement.
Reasonable Estimate. Therefore, each party acknowledges that the above 20 liquidated damages represent a reasonable estimate of the amount of the damages, 21 considering all of the circumstances existing on the franchise date, including the following:
Reasonable Estimate. The parties hereto agree that the Special Interest provided for in this Section 3 constitutes a reasonable estimate of and is intended to constitute the sole damages that will be suffered by Holders of Registrable Securities by reason of the failure of (i) the Shelf Registration Statement or the Exchange Offer Registration Statement to be filed, (ii) the Shelf Registration Statement to remain effective, (iii) the Exchange Offer Registration Statement to be declared effective, or (iv) the Registered Exchange Offer to be consummated, in each case to the extent required by this Agreement.
Reasonable Estimate. A party exercising a right of curtailment or discontinuance under this Article will, within 5 Business Days after the date of receipt of a request from the other party to do so, deliver to the other party a notice setting out a reasonable, good faith estimate of the length of the period of such curtailment or discontinuance (an "Estimate Notice") and a party that fails to deliver an Estimate Notice as required will be deemed to have delivered an Estimate Notice containing a reasonable estimate of 20 Business Days from the last day on which the Estimate Notice could have been given. A party receiving an Estimate Notice may, from time to time, reasonably request that the other party provide a revised Estimate Notice.
Reasonable Estimate. The parties to this Agreement agree that the Holders may suffer damages in the event that an Event has occurred and is continuing, and that it would not be possible to ascertain the amount of such damages. The parties to this Agreement further agree that the damages provided for in this Section 6.7 constitute a reasonable estimate of the damages that may be incurred by the Holders by reason of an Event.
