Damages. In addition to other remedies and rights under this Lease and available to Lessor at law or in equity (none of which are waived), Lessor may recover actual damages incurred following and as a result of such default.

Damages. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other for any consequential, indirect, exemplary or punitive damages.

Damages. Unless otherwise agreed by the Parties, all monies recovered upon the final judgment or settlement of any action described in this Section 9.3(b) will be used first to reimburse all out-of-pocket costs and expenses incurred by the Parties in connection therewith (including, without limitation, attorneys’ fees). If such recovery is insufficient to cover all such costs and expenses of both Parties, the controlling Party’s costs and expenses will be paid in full first before any of the other Party’s costs and expenses; provided, that, ​, the Parties shall share equally (50%/50%) with respect to any recovery, even if such recovery in insufficient to cover both Parties’ expenses. If after such reimbursement any funds remain from such judgments or settlements, such funds will be # shared equally (50%/50%) by the Parties with respect to any action or proceeding for which ​.

Damages. Landlord reserves all rights to the entire damage award or payment for any taking by eminent domain. Tenant hereby grants and assigns to Landlord any right Tenant may now have or hereafter acquires to such damages and agrees to execute and deliver instruments of assignment that Landlord may reasonably request. Tenant shall, however, have the right to claim from the condemning authority all compensation that may be recoverable by Tenant for relocation and for any loss incurred by Tenant in removing Tenant’s trade fixtures, furniture, equipment or personal property, or for damage to Tenant’s business, loss of business, and/or loss of leasehold interest, and the unamortized costs of leasehold improvements paid for by Tenant. Each party shall seek its own award, as limited above, at its own cost, and neither shall have any right to the award made to the other. If the condemning authority refuses to issue separate awards, Tenant shall be entitled to a portion of the single award equitably representing the ratio that the amount of Tenant’s damages awarded or agreed upon bears to the total amount of damages awarded or agreed upon in the condemnation proceeding. All such amounts to be reasonably agreed to by the parties if the condemning authority does not provide such allocation. Tenant shall make no claim against Landlord for damages for termination of its leasehold interest in the Premises, for interference with its business or for any loss resulting from a taking by eminent domain.

Damages. Nothing herein contained shall be construed as limiting or precluding the proceeding by Landlord against Tenant to obtain any sums or damages to which, in addition to the damages particularly provided above, Landlord may lawfully be entitled by reason of any Event of Default hereunder on the part of Tenant. Landlord shall have the right to obtain specific performance in any proceeding against Tenant.

Damages. Only actual damages may be awarded. It is expressly agreed that the Panel shall have no authority to award # damages inconsistent with this Agreement or # damages of any type that has been waived by the parties pursuant to [Section 8.4(h)]. The parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any portion of these provisions is held to be invalid or unenforceable, shall the arbitrator have the power to make an award or impose a remedy which could not be made or imposed by a court deciding the matter in the same jurisdiction.

Damages. In the event that Employee breaches any of the covenants of paragraphs 3(a), 3(b) and/or 3(c) above, Employee agrees that the Corporation will be entitled to compensatory damages in an amount necessary to compensate the Corporation for any harm that is not adequately redressed or prevented by injunctive relief.

Damages. EXCEPT FOR LIABILITY ARISING UNDER ARTICLE 9, THE PARTIES AGREE THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS), DIRECTLY OR INDIRECTLY, RELATING TO OR ARISING OUT OF THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN.

Damages. In the event that either Party exercises the rights conferred in this Section 9.5 (Enforcement) and recovers any damages, payments, or other sums in such action or proceeding or in settlement thereof, then such damages or other sums recovered will first be applied to all out-of-pocket costs and expenses incurred by such enforcing Party in connection therewith (including attorney’s fees). ​

Damages. If a Default occurs and Landlord terminates the right of Tenant to possession of the Premises without terminating this Lease, such termination of possession shall not release Tenant, in whole or in part, from Tenant’s obligation to pay the Rent hereunder for the full stated Term, and Landlord shall have the right, from time to time, to recover from Tenant, and Tenant shall remain liable for, all Base Rent, Expense Adjustments and Tax Adjustments and any other sums then due under this Lease during the period from the date of such notice or termination of possession to the end of the Term, but without acceleration thereof. Landlord may file suit from time to time to recover any such sums and no suit or recovery by Landlord of any such sums or portion thereof shall be a defense to any subsequent suit brought for any other sums due under this Lease. Alternatively, if Landlord elects to terminate this Lease, Landlord shall be entitled to recover from Tenant all Base Rent, Expense Adjustments and Tax Adjustments accrued and unpaid for the period up to and including such termination date, as well as all other additional sums payable by Tenant hereunder. In addition, Landlord shall be entitled to recover, as liquidated damages for loss of the benefit of its bargain and not as a penalty, the sum of # the aggregate sum which at the time of such termination represents the excess, if any, of the present value of the aggregate Base Rent, Expense Adjustments and Tax Adjustments (as reasonably estimated by Landlord) for the remainder of the Term over the then present value of the then aggregate fair rental value of the Premises for the balance of the Term, immediately prior to such termination, such present worth to be computed in each case on the basis of a six percent (6%) per annum discount from the respective dates upon which rentals would have been payable hereunder had the Term not been terminated, and # any damages in addition thereto, including reasonable attorneys’ fees and court costs, which Landlord shall have sustained by reason of the breach of any of the covenants of this Lease other than for the payment of Rent.