liquidated damages clause example
2034 results for liquidated damages clause example
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How Good (Guy) Is That Guaranty?
... Court, New York County, examples follow:. ET 46 Main St. LLC v. ...' argument that plaintiffs damages should be reduced by the amount of ... due rent and rent (or liquidated damages) not yet due, it is ... contained a "good guy clause" which released Fuchs from personal ...
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306 F.3d 170 (4th Cir. 2002), 00-2247, Doe v. Chao
... only may recover money damages upon a showing of actual damages, ... Third, that the two clauses of (g) (4) (A) are separated by the ... in no event, be less than liquidated damages of $1,000 for each ... symptoms (sleeplessness, for example) might be present even in very minor ...
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145 F.3d 124 (3rd Cir. 1998), 97-7116, In re Trans World Airlines
..., rejected its claim for liquidated damages, and rejected some of the ... the liquidated damages clause in the lease to be unenforceable. ...For example, in the absence of a lease provision ...
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Departing Employees: Ensuring Protection Of Trade Secrets And Intellectual Property
... and Canada being two good examples of countries where state or ... enhance protection through clauses in employment contracts or other ...However liquidated damages clauses can sometimes be ...
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Slow acid drips and evidentiary nightmares: smoothing out the rough justice of child pornography restitution with a presumed damages theory.
...(161) Primary examples of this tort include the peeping tom, the ... cases addressing general statutory or liquidated damages provisions have also noted how the ... MVRA Through the Lens of the Ex Post Facto Clause, the Abatement Doctrine, and the Sixth Amendment, ...
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Supreme Court Of Kentucky Holds Claim-Preservation Requirements Not Barred By KFCA; Strictly Enforced Notice Provisions
... the enforceability of liquidated damages provisions,1 the decision ..., the Court classified each clause as either: (1) a provision that ..., but not the first. For example, the Court determined that section ...
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Boilerplate and Default Rules in Wills Law: An Empirical Analysis
The prime directive of wills law is to honor a testator's intent. As a result, lawmakers take pains to populate the field with majoritarian default rules: those that fill gaps in an estate plan with principles that reflect the wishes of most property owners. However, this Article exposes a phenomenon that undermines these efforts. Using an original, hand-collected dataset of 230 recently probated
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Personalizing default rules and disclosure with Big Data.
... our approach with an example from inheritance law. Empirical ...While expectation damages are the default rule, the parties ... or by incorporating a liquidated damages clause into their contracts. ...
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Contract, race, and freedom of labor in the constitutional law of 'involuntary servitude'.
... the Involuntary Servitude Clause to Market Rights C. The Freedom of ... set wages (as opposed, for example, to wage setting by the state or an ...Shaw obtained an award of damages against Fisher for the tort of ..., human beings cannot be liquidated; the workers' closest equivalent ...
- Unsecured Claims in Bankruptcy
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559 U.S. 573 (2010), 08-1200, Jerman v. Carlisle
..., " and statutory "additional damages." §1692k(a). In addition, ... courts to reduce liquidated damages under the Portal-to-Portal ... . a particular clause, but consider in connection with it ...'s bona fide error defense: "Examples of a bona fide error include, but ...
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Enforcing perpetual conservation easements against third-party violators.
...For example, if a state's enabling act defines ... and equitable remedies and damages designed to deter bad acts and ... to pursue injunction or liquidated damages, (26) easement holders can ... of options in enforcement clauses imposing varying degrees of rights, ...
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880 F.2d 945 (7th Cir. 1989), 88-1274, Yockey v. Horn
... agreement also includes a liquidated damages clause:. 7. LIQUIDATED ...For example, if Horn had been subpoenaed and ...
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Weathering Wal-Mart.
... effectiveness of punitive damages under Title VII. Punitive relief .... Take, for example, a typical hostile-environment case ... damages be replaced with liquidated relief, and that the courts ..., Title VII's Participation Clause and Circuit City Stores v. Adams: ...
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In the beginning there was none: Supreme Court review of state criminal prosecutions.
... 25 than the prior Part's clause-by-clause consideration has thus far ... Jackson of Georgia, for example, proffered a broad reading of the ... was judicially liquidated into the form that it has taken to ... to be responsible for the damages and costs assessed against a ...
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843 F.3d 298 (7th Cir. 2016), 15-2632, Benton County Wind Farm LLC v. Duke Energy Indiana, Inc.
In 2005, Duke Energy bought, from Benton, renewable energy at a price high enough to enable construction of wind turbines, and acquired tradeable renewable‑energy credits. The contract requires Duke to pay Benton for all power delivered during the next 20 years. When Benton's 100-megawat facility started operating in 2008 it was the only area wind farm. Duke paid for everything Benton could...
... not to do this it owes liquidated damages under the. contract. ... clauses that matter. We have tried to be ... issue such an order if, for example, there is a. decline in demand ...
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731 F.2d 909 (D.C. Cir. 1984), 83-1280, Laker Airways Ltd. v. Sabena, Belgian World Airlines
... perhaps the most pronounced example in recent years of the problems ... Laker is currently being liquidated, the claims of its creditors are ... its assets, including any damages owed Laker, will pass to its ... the Full Faith and Credit Clause does not compel recognition of an ...
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Dodd-Frank orderly liquidation authority: too big for the Constitution?
... under the Due Process Clause, Article III of the Constitution, ... until the firm was liquidated or reorganized. (19) Positive-value ... represent a classic example of an unforced legislative error, ... shall be limited to money damages determined in accordance with this ...
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General Services Administration Acquisition Regulation (GSAR); Construction Contract Administration
..., including provisions and clauses for solicitations and resultant ...552.211-12 Liquidated Supplemental clause Same rescription as. Damages--Construction. to FAR ...For example, sealed bidding as detailed in GSAR ...
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DOL Issues Final Rule Implementing Paid Sick Leave For Federal Contractors
... would apply, for example, to employees employed in a bona ... for unpaid leave, liquidated damages, employment, reinstatement, ... inclusion of the contract clause. Disputed matters will be resolved ...
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Unconscionability as a coherent legal concept.
...(20) For example, if there is precedent that a ... of such liability-shielding clauses: . A modification of the strict rule .... (7) Liquidated Damages Clause, FAIR CONTRACTS, ...
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Texas Supreme Court Limits The Enforceability Of No-Delay-Damages Provisions
... a total of $2.36 million in liquidated damages from Zachry's payments. Zachry eventually ... Port's intentional actions rendered this clause unenforceable. After a three-month trial, the ...For example, a Texas state court may have difficulty deciding ...
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Personalizing default rules and disclosure with Big Data.
...For example, nurses who report high levels of ... 2 (Specific performance or damages), if the choice of remedy is not ... the parties' power to set liquidated damages is limited and that the ... the Giubiasco Related Company Clause as it had used six years earlier in ...
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Mitigating Potential Condo Conversion and Renovation Construction Defect Liabilities Part 2, 0519 COBJ, Vol. 48, No. 5 Pg. 40
... seeking damages." [1] Because many construction. ... example, obtaining indemnity from those with ... damage waivers, liquidated damages, and. exclusive remedy ... Fees Clause. Requiring the non-prevailing party ...
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700 Fed.Appx. 852 (10th Cir. 2017), 16-1186, Rices Lucky Clover Honey, LLC v. Hawley
... of law that a liquidated-damages clause was enforceable. ...For example, in. defending its contract ...