Common use of Remedy for Violation Clause in Contracts

Remedy for Violation. In addition to all other remedies available to Discreet under law or equity or this Agreement, including termination, in the event that Reseller violates any of the provisions of this subsection 3, Reseller shall pay to Discreet, as liquidated damages and not as a penalty, an amount equal to the difference between the then-current Discreet suggested retail price and the price Reseller actually paid for the Discreet software product used, procured or distributed in contravention of this Section 3 or the sum of $500.00 for each copy of the Discreet software product used, procured or distributed in contravention of this Section 3, whichever is greater. Additionally, Reseller shall not be eligible for Co-Op for, at minimum, the remainder of the Discreet fiscal quarter in which the violation occurred (or the remainder of the Discreet fiscal quarter in which Discreet learned of such violation by Reseller) and the subsequent Discreet fiscal quarter.