Damages. Unless otherwise agreed by the Parties, all monies recovered upon the final judgment or settlement of any action described in Section 12.6(b), or any action described in Section 12.6(c), will be used: # first, to reimburse each of the Parties on a pro rata basis for each of their out-of-pocket costs and expenses relating to the action; and # second, ​ to the controlling Party and ​ to the other Party.

Damages. The Company and Consultant have to perform its own work responsibility separately at its best effort and reasonable business judgment. Once one party breach this principle, the other party shall have right to obtain corresponding damages for work malpractice or delay to be caused.

Damages. The parties agree that damages incurred as a result of a breach of this Agreement will be difficult to measure. It is, therefore, further agreed that, in addition to any other remedies, equitable relief will be available in the case of a breach of this Agreement. It is also agreed that, in the event Consultant files a claim against the Company with respect to a claim released by Consultant herein (other than a proceeding before the Equal Employment Opportunity Commission), the Company may withhold, retain, or require reimbursement of all or any portion of the benefits and severance payments under the Severance Agreement, the STIP, or this Agreement until such claim is withdrawn by Executive.

Damages. In no event shall any Party be liable to the other Party for any consequential, special or incidental loss or damage.

All Claims for emotional distress, pain and suffering, compensatory damages, punitive damages, and liquidated damages; and

If either party breaches the contract, the other party may claim 20% of the principal as liquidated damages. If the liquidated damages are not enough to compensate for the loss, the party shall continue to bear the liability for compensation.

The parties agree that the only damages payable for a violation of the terms of this Agreement with respect to which liquidated damages are expressly provided shall be such liquidated damages. Nothing shall preclude the Participating Holders from pursuing or obtaining specific performance or other equitable relief with respect to this Agreement.

; provided, however, that such liquidated damages will not exceed the sum [...​...].

If # the registration statement is not filed with the Commission on or prior to the date forty five (45) days from the date of this Agreement, # the registration statement has not been declared effective by the Commission on or prior to the date seventy five (75) days from the date of this Agreement, or # any registration statement required by this Agreement is filed and declared effective by the Commission but shall thereafter cease to be effective or fail to be usable for its intended purpose (each such event referred to as a “Registration Default”), the Company hereby agrees to pay liquidated damages (“Liquidated Damages”) to each Holder of the Registrable Securities in an amount equal to 1% of the Purchase Price, as defined in the Securities Purchase Agreement, per month which Liquidated Damages shall be increased to 5% of the Purchase Price per month if the Registration Statement is not effective within 150 days from the Effective Date. Following the cure of all Registration Defaults relating to any particular Registrable Securities, Liquidated Damages shall cease to accrue; provided, however, that, if after Liquidated Damages have ceased to accrue, a different Registration Default occurs, Liquidated Damages shall again accrue pursuant to the foregoing provisions. All accrued Liquidated Damages shall be paid in the manner set forth in the Securities Purchase Agreement.

In case of violation of this non-competition clause, the Employee shall pay to the Company liquidated damages in an amount of 50% of the annual base salary for each instance of violation. The payment of liquidated damages shall not discharge the Employee from observing this non-competition undertaking.