Action for Damages Clause Samples
An Action for Damages clause defines the right of a party to seek monetary compensation if the other party breaches the contract. Typically, this clause outlines the circumstances under which damages can be claimed, the types of losses that are recoverable, and any limitations or procedures for making such claims. Its core practical function is to provide a clear legal remedy for breaches, ensuring that the injured party can recover losses and deterring non-performance by establishing financial consequences.
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Action for Damages. Except as otherwise expressly provided herein, in any suit or other claim brought by either party seeking damages against the other party for breach of its obligations under this Lease, the party against whom such claim is made shall be liable to the other party only for actual damages and not for consequential, punitive or exemplary damages.
Action for Damages. 60 27.8. Lease Assumption in Bankruptcy Proceeding..............................................................60 27.9. Enforceability.........................................................................................60 27.10.
Action for Damages. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN ANY SUIT OR OTHER CLAIM BROUGHT BY EITHER PARTY SEEKING DAMAGES AGAINST THE OTHER PARTY FOR BREACH OF ITS OBLIGATIONS UNDER THIS LEASE, THE PARTY AGAINST WHOM SUCH CLAIM IS MADE SHALL BE LIABLE TO THE OTHER PARTY ONLY FOR ACTUAL DAMAGES AND NOT FOR CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES.
Action for Damages. For the avoidance of doubt, either Party may bring an action for damages against the other Party alleging any breach of this Agreement (except where an alleged breach has been cured, as described in Section 10.1) in lieu of invoking any right to terminate and receive agreed liquidated damages as described in any provision of Section 10. Any such action for damages shall be subject to the applicable limitation of liability set forth in Section 15.1 or Section 15.2.
Action for Damages. 52 33.4. Lease Assumption in Bankruptcy Proceeding....................................................................... 52 33.5. Intra-Family Transfers.......................................................................................... 52 ARTICLE 34................................................................................................................. 53 34.1.
Action for Damages. 54 33.6. Lease Assumption in Bankruptcy Proceeding.. . . . . . . . . . . . . . . . . . . . 54 33.7. Intra-Family Transfers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 ARTICLE 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 34.1.
Action for Damages. When may be exercised:
1. In case of wrongful neglect or refusal by the buyer to accept or pay for the thing sold (Art. 1596 par.
2. In an executory contract, where the ownership in the goods has not passed, and the seller cannot maintain an action to recover the price (Art 1595)
3. If the goods are not yet identified at the time of the contract or subsequently
Action for Damages. 70 (iv) 6 Exhibits: --------- Exhibit A - Property Description Exhibit B - Base Rent Revenue Percentages and Breakdowns Exhibit C - Capital Expenditures Policy Exhibit D - Additional Provisions
Action for Damages. 73 35.6 Lease Assumption in Bankruptcy Proceeding. . . . . . . . . . . 73 35.7 Intra-Family Transfers. . . . . . . . . . . . . . . . . . . . 73
Action for Damages. A breach by the Warrantors of any of the Warranties shall give rise only to an action for damages by the non-breaching party and shall not entitle the non-breaching party to rescind or repudiate this Agreement.