Sentences with phrase «liquidated damage amount»

For example, in a lawsuit based on a liquidated damages clause in a contract, a defendant and a lawyer might agree that the lawyer be paid a percentage of the amount saved if the ultimate settlement is far below the liquidated damages amount.

Not exact matches

(vii) Use any meta - tags, pay - per - click advertising, or any other «hidden text» using our Site's name or marks, and you hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon our trademark rights, and you stipulate to make payment of liquidated damages of five thousand dollars ($ 5000) per such infringement as a genuine pre-estimate of the loss and damage that will be suffered by Us as a result of such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;

For the avoidance of doubt, Gross Revenues shall (A) exclude monies received from any source other than the sale of electric energy and capacity, including, without limitation, any of the following: (i) any federal, state, county or local tax benefits, grants or credits or allowances related to, derived from, or granted to the Wind Energy Project or Grantee, including, but not limited to, investment or production tax credits, or property or sales tax exemptions, (ii) proceeds from financing activities, sales, assignments, partial assignments, contracts (other than the power purchase agreement) or other dispositions of or related to the Wind Energy Project (such as damages for breach of contract or liquidated damages for delays in project completion or failures in equipment performance), (iii) amounts received as reimbursements or compensation for wheeling costs or other electricity transmission or delivery costs, and (iv) any proceeds received by Grantee as a result of damage or casualty to the Wind Energy Project, or any portion thereof and (B) include any revenues derived from Grantee's sale of carbon dioxide trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags, tradable renewable credits, or Green - e ® products, any of which are allocated to Grantee, if applicable, through its participation in any voluntary registry, association or market - based exchange.

With a liquidated damage provision, the physician can still practice medicine within the defined area or during the defined time, but pays a defined amount to their prior employer (six months» salary or some set amount).

The court concluded that the liquidated damages of S$ 1 million was a genuine pre-estimate of the damages which the medical centre could suffer if Dr Ng breached the restraint of trade clause, as the amount payable reflected the expertise and goodwill he possessed in the field of aesthetic medicine.

(2) Payment in lieu of a fixed term of notice, being liquidated damages or a contractual amount, is not subject to the duty to mitigate; and

In summary, the Court of Appeal held that where an employment agreement contains a stipulated entitlement on termination without cause, the amount in question is either liquidated damages or a contractual sum.

[34] An employment agreement that stipulates a fixed term of notice or payment in lieu should be treated as fixing liquidated damages or a contractual amount.

By specifying an amount, the stipulated quantum is characterized as either liquidated damages or a contractual sum.

While the court acknowledged that the law was unsettled whether a liquidated damages clause in an employment contract amounts to a form of restraint of trade on the basis of the financial burden that it places on the employee, the court ruled unanimously that this was an obstacle to competition and, as such, was in restraint of trade.

The amounts of the liquidated damages were on a declining scale during the first, second, and third year of the competing activities.

The court found that the amounts were liquidated damages, rather than a penalty, based on trial evidence of the clinic's principals.

First, the damages resulting from the breach must not be readily ascertainable.4 Second, the amount the parties agree will be forfeited must not be grossly disproportionate to the amount of damages that would reasonably be expected to flow from a breach so as to indicate that the parties only could have intended to induce full performance, rather than to liquidate their damages.

While claims asserted under the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Equal Pay Act (EPA) typically do not permit emotional distress damages and limit punitive damages (also known as «liquidated damages») to the amount of the back pay award, they carry a two (2)- year limitations period which can be extended to three (3) years in the case of a willful violation.

A court or arbitral tribunal may award more than the liquidated damages specified in the contract only if the parties have stipulated in the contract that it shall be permissible to demand damages exceeding the amount of liquidated damages.

U.S. District Judge Mark Kearney approved the eight plaintiffs» request for liquidated damages, doubling the combined amount of back overtime from approximately $ 498,000 to nearly $ 1 million.

The Brokerage argued that the Buyer had not suffered any loss from the fiduciary duty breach, as the earnest money represented the amount the Buyer owed to the Sellers as liquidated damages for the failure of the purchase agreement to close.

The parties had agreed that the amount of the earnest money would to serve as liquidated damages if the contract did not close.

The appeals court determined that a liquidated damage clause is enforceable only if the parties agree in advance to the amount of the damages, the damages bear a relationship to the monies lost through the contract termination, and the actual damages might be uncertain and difficult to prove.

The FLSA subjects employers to civil monetary penalties of up to $ 1,100 per violation for willful or repeated violations of the FLSA, and allows an aggrieved employee to bring a private claim for: 1) back pay; 2) an equal amount in liquidated damages; and 3) reasonable attorneys» fees.

An Illinois court has considered whether a liquidated damages provision was enforceable in a listing agreement specifying that brokerage would receive a commission amount for all unsold units in condominium development if developer terminated listing agreement prior to expiration date.

A listing contract may also contain a «liquidated damages» clause, meaning that you could be liable for a dollar amount, should you take your home off the market before the listing expires.