Monetary Remedies Sample Clauses

The Monetary Remedies clause defines the financial compensation available to a party if the other party breaches the contract. It typically outlines the types of monetary damages that can be claimed, such as direct losses, consequential damages, or liquidated damages, and may specify limits or procedures for claiming these amounts. This clause serves to clarify the financial consequences of a breach, ensuring both parties understand their potential liabilities and providing a clear mechanism for recovering losses.
POPULAR SAMPLE Copied 1 times
Monetary Remedies. 28. TEMPOE shall pay a collective total of one million dollars ($1,000,000) to the States ("Settlement Payment"). 29. The States have chosen Rust Consulting, Inc. as the Settlement Administrator ("Settlement Administrator") to administer the distribution of the Settlement Payment. All costs and expenses of the Settlement Administrator shall be paid by the States. 30. Within fifteen (15) days of the Effective Date of this Assurance, TEMPOE shall deposit the Settlement Payment into a fund controlled by the Settlement Administrator. 31. After TEMPOE has made the required Settlement Payment, TEMPOE shall no longer have any property right, title, interest, or other legal claim in those funds. 32. The Office of the Attorney General for the District of Columbia shall receive a total amount of $15,000 from the Settlement Payment. The District may use this payment for any lawful purposes, including, but not limited to, restitution, attorneys’ fees, and other costs of investigation and litigation, and/or this payment may be placed in, or applied to, the District’s restitution fund or litigation support fund, used to defray the costs of the inquiry leading hereto, or for other uses permitted by state law, at the sole discretion of the Attorney General for the District of Columbia. 33. Each Participating State shall provide written payment processing instructions to the Settlement Administrator. The Settlement Administrator shall distribute an individual State's share of the Settlement Payment within fifteen (15) days of the Settlement Administrator's receipt of written payment processing instructions from an individual Participating State. 34. The Settlement Administrator shall provide regular status reports to the Multistate Executive Committee regarding the distribution of the Settlement Payment to the Participating States.
View Source
Monetary Remedies. Damages shall be limited to compensatory ------------------ damages, which is defined as recovery of otherwise unrecovered costs or expenses resulting from any Indemnity Claim for which an Indemnified Party is entitled to seek indemnification pursuant to Section 7.2(a) or 7.2(b), as applicable, except -------------- ----- in the case of fraud or willful misconduct of the Indemnifying Party. No party shall be entitled to damages that are indirect, consequential or punitive, including, but not limited to, loss of profits, loss of use of property or business interruption except in the case of fraud or willful misconduct of the Indemnifying Party. Each party shall bear its own costs and expenses, including reasonable attorneys' fees, except as may be permitted by Section 7.2(g) hereof. -------------- The limitations described in this Section 7.2(k) shall only apply to arbitration -------------- proceedings under this Agreement and shall specifically not apply to any proceeding properly commenced in a court of law or equity.
View Source
Monetary Remedies. 28. TEMPOE shall pay a collective total of one million dollars ($1,000,000) to the States ("Settlement Payment"). 29. The States have chosen Rust Consulting, Inc. as the Settlement Administrator ("Settlement Administrator") to administer the distribution of the Settlement Payment. All costs and expenses of the Settlement Administrator shall be paid by the States. 30. Within fifteen (15) days of the Effective Date of this Assurance, TEMPOE shall deposit the Settlement Payment into a fund controlled by the Settlement Administrator. 31. After TEMPOE has made the required Settlement Payment, TEMPOE shall no longer have any property right, title, interest, or other legal claim in those funds. 32. The Office of the Colorado Attorney General shall receive $15,000.00 of the Settlement Payment from the Settlement Administrator. This amount shall be held, along with any interest thereon, in trust by the Colorado Attorney General to be used in the Attorney General’s sole discretion for attorney fees and costs, restitution, consumer or creditor educational purposes, consumer credit or consumer protection enforcement, and/or public welfare purposes. 33. Each Participating State shall provide written payment processing instructions to the Settlement Administrator. The Settlement Administrator shall distribute an individual State's share of the Settlement Payment within fifteen (15) days of the Settlement Administrator's receipt of written payment processing instructions from an individual Participating State. 34. The Settlement Administrator shall provide regular status reports to the Multistate Executive Committee regarding the distribution of the Settlement Payment to the Participating States.
View Source
Monetary Remedies. In no event shall Indigo have the right to seek or obtain monetary damages from Parent or any Parent Related Party under this Agreement (whether at law or in equity, in contract, tort or otherwise) other than as provided in Section 10.01. In addition to the rights of Parent and Merger Sub hereunder, Parent and Merger Sub shall be entitled, at Parent and Merger Sub's sole election, to settle any claims arising from or relating to this Agreement by agreeing to consummate the Merger in accordance with the terms of this Agreement.
View Source
Monetary Remedies. Other than in the case of fraud, in no event shall Parent have the right to seek or obtain monetary damages from Indigo or any Indigo Related Party under this Agreement (whether at law or in equity, in contract, tort or otherwise) other than as provided in Section 9.02 and Section 10.01.
View Source
Monetary Remedies. If the Seller or any other party subject to this Section 6.10 directly or indirectly engages in any activity (the “Prohibited Activity”) that violates any of the provisions of this Section 6.10 (including by becoming the broker of record for, or receiving commissions or fees from, any Client), then in addition to any other remedy provided in this Agreement, the Seller shall pay to the Purchaser an amount equal to the product of (i) two and one-half (2.5) times (ii) the commissions, fees and other gross revenue generated by or attributable to the Prohibited Activity for the twelve (12) month period ending on the date on which such party first acted in violation of this Section 6.10. The amount payable hereunder shall be paid in cash as soon as it is determinable and, subject to Section 9.8, may be set-off by the Purchaser against any amount owing or to become owing by the Purchaser to the Seller, including with respect to Final Closing Working Capital (including the Holdback Amount).
View Source
Monetary Remedies. Other than in the case of fraud, in no event shall Parent or Merger Sub, on the one hand, or the Company, on the other hand, have the right to seek or obtain monetary damages from the other party or its Affiliates and its and their respective officers, directors, employees, agents, attorneys, accountants, advisors and other authorized representatives under this Agreement (whether at law or in equity, in contract, tort or otherwise) other than as provided in Article VIII and Section 9.02.
View Source
Monetary Remedies 
View Source

Related to Monetary Remedies

  • State’s Remedies If Contractor is in breach under any provision of this Contract and fails to cure such breach, the State, following the notice and cure period set forth in §14.B., shall have all of the remedies listed in this §15.A. in addition to all other remedies set forth in this Contract or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively.

  • Company Remedies The Executive acknowledges and agrees that any breach of this Section 9 will result in immediate and irreparable harm to the Company, and that the Company cannot be reasonably or adequately compensated by damages in an action at law. In the event of a breach by the Executive of the provisions of this Section 9, the Company shall be entitled, to the extent permitted by law, immediately to cease to pay or provide the Executive or the Executive’s dependents any compensation or benefit being, or to be, paid or provided to the Executive pursuant to Section 3, Section 6 or Section 8 of this Agreement, and also to obtain immediate injunctive relief restraining the Executive from conduct in breach of the covenants contained in this Section 9. Nothing herein shall be construed as prohibiting the Company from pursuing any other remedies available to it for such breach, including the recovery of damages from the Executive.

  • Default Breach Remedies See Addendum 13.1

  • UCC Remedies (a) Upon the occurrence of and during the continuance of an Event of Default under this Agreement or the other Financing Documents, Agent, in addition to all other rights, options, and remedies granted to Agent under this Agreement or at law or in equity, may exercise, either directly or through one or more assignees or designees, all rights and remedies granted to it under all Financing Documents and under the UCC in effect in the applicable jurisdiction(s) and under any other applicable law; including, without limitation: (i) the right to take possession of, send notices regarding, and collect directly the Collateral, with or without judicial process; (ii) the right to (by its own means or with judicial assistance) enter any of Borrowers’ premises and take possession of the Collateral, or render it unusable, or to render it usable or saleable, or dispose of the Collateral on such premises in compliance with subsection (iii) below and to take possession of Borrowers’ original books and records, to obtain access to Borrowers’ data processing equipment, computer hardware and software relating to the Collateral and to use all of the foregoing and the information contained therein in any manner Agent deems appropriate, without any liability for rent, storage, utilities, or other sums, and Borrowers shall not resist or interfere with such action (if Borrowers’ books and records are prepared or maintained by an accounting service, contractor or other third party agent, Borrowers hereby irrevocably authorize such service, contractor or other agent, upon notice by Agent to such Person that an Event of Default has occurred and is continuing, to deliver to Agent or its designees such books and records, and to follow Agent’s instructions with respect to further services to be rendered); (iii) the right to require Borrowers at Borrowers’ expense to assemble all or any part of the Collateral and make it available to Agent at any place designated by Lender; (iv) the right to notify postal authorities to change the address for delivery of Borrowers’ mail to an address designated by Agent and to receive, open and dispose of all mail addressed to any Borrower; and/or (v) the right to enforce Borrowers’ rights against Account Debtors and other obligors, including, without limitation, (i) the right to collect Accounts directly in Agent’s own name (as agent for Lenders) and to charge the collection costs and expenses, including attorneys’ fees, to Borrowers, and (ii) the right, in the name of Agent or any designee of Agent or Borrowers, to verify the validity, amount or any other matter relating to any Accounts by mail, telephone, telegraph or otherwise, including, without limitation, verification of Borrowers’ compliance with applicable Laws. Borrowers shall cooperate fully with Agent in an effort to facilitate and promptly conclude such verification process. Such verification may include contacts between Agent and applicable federal, state and local regulatory authorities having jurisdiction over the Borrowers’ affairs, all of which contacts Borrowers hereby irrevocably authorize. (b) Each Borrower agrees that a notice received by it at least ten (10) days before the time of any intended public sale, or the time after which any private sale or other disposition of the Collateral is to be made, shall be deemed to be reasonable notice of such sale or other disposition. If permitted by applicable law, any perishable Collateral which threatens to speedily decline in value or which is sold on a recognized market may be sold immediately by Agent without prior notice to Borrowers. At any sale or disposition of Collateral, Agent may (to the extent permitted by applicable law) purchase all or any part of the Collateral, free from any right of redemption by Borrowers, which right is hereby waived and released. Each Borrower covenants and agrees not to interfere with or impose any obstacle to Agent’s exercise of its rights and remedies with respect to the Collateral. Agent shall have no obligation to clean-up or otherwise prepare the Collateral for sale. Agent may comply with any applicable state or federal law requirements in connection with a disposition of the Collateral and compliance will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral. Agent may sell the Collateral without giving any warranties as to the Collateral. Agent may specifically disclaim any warranties of title or the like. This procedure will not be considered to adversely affect the commercial reasonableness of any sale of the Collateral. If Agent sells any of the Collateral upon credit, Borrowers will be credited only with payments actually made by the purchaser, received by Agent and applied to the indebtedness of the purchaser. In the event the purchaser fails to pay for the Collateral, Agent may resell the Collateral and Borrowers shall be credited with the proceeds of the sale. Borrowers shall remain liable for any deficiency if the proceeds of any sale or disposition of the Collateral are insufficient to pay all Obligations. (c) Without restricting the generality of the foregoing and for the purposes aforesaid, each Borrower hereby appoints and constitutes Agent its lawful attorney-in-fact with full power of substitution in the Collateral, upon the occurrence and during the continuance of an Event of Default, to (i) use unadvanced funds remaining under this Agreement or which may be reserved, escrowed or set aside for any purposes hereunder at any time, or to advance funds in excess of the face amount of the Notes, (ii) pay, settle or compromise all existing bills and claims, which may be Liens or security interests, or to avoid such bills and claims becoming Liens against the Collateral, (iii) execute all applications and certificates in the name of such Borrower and to prosecute and defend all actions or proceedings in connection with the Collateral, and (iv) do any and every act which such Borrower might do in its own behalf; it being understood and agreed that this power of attorney in this subsection (c) shall be a power coupled with an interest and cannot be revoked. (d) Agent and each Lender is hereby granted a non-exclusive, royalty-free license or other right to use, without charge, Borrowers’ labels, mask works, rights of use of any name, any other Intellectual Property and advertising matter, and any similar property as it pertains to the Collateral, in completing production of, advertising for sale, and selling any Collateral and, in connection with Agent’s exercise of its rights under this Article, Borrowers’ rights under all licenses (whether as licensor or licensee) and all franchise agreements inure to Agent’s and each Lender’s benefit.

  • Breach; Remedies Notwithstanding anything to the contrary in this Agreement, the Participant agrees and acknowledges that the breach of this Section would cause substantial loss to the goodwill of the Company and/or its Affiliates, and cause irreparable harm for which there is no adequate remedy at law. Further, because the Participant’s employment with the Employer is personal and unique, because damages alone would not be an adequate remedy and because of the Participant’s access to the Confidential Information, the Company and/or its Affiliates shall have the right to enforce this Section, including any of its provisions, by injunction, specific performance, or other equitable relief, without having to post bond or prove actual damages, and without prejudice to any other rights and remedies that the Company and/or its Affiliates may have for a breach of this Section, including, without limitation, money damages. The Participant agrees and acknowledges that notwithstanding the arbitration provisions in this Agreement, the Company may elect to file and pursue claims which arise from or relate to the Participant’s actual or threatened breaches of this Section in state or federal court of competent jurisdiction. The Participant shall be liable to pay all costs, including reasonable attorneys’ and experts’ fees and expenses, that the Company and/or its Affiliates may incur in enforcing or defending this Section, whether or not litigation is actually commenced and including litigation of any appeal taken or defended by the Company and/or its Affiliates where the Company and/or its Affiliates succeed in enforcing any provision of this Section.