Specification of Liquidated Damages
Provider shall credit Customer __% of the License Fee, as liquidated damages, for each business day between the Due Date and any later date Provider delivers the Software, up to a maximum of 30 business days. Such liquidated damages are Customer’s exclusive remedy for any delay of 30 business days or fewer, but they do not preclude other remedies for other injuries, including without limitation for delay in excess of 30 business days.
• • •
If Customer transmits a virus or other harmful code to the SaaS in violation of Section 5 (Virus Prevention), Customer shall pay Provider, as liquidated damages, $____ for each hour of resulting Downtime (provided this Section __ does not limit Provider’s obligation to mitigate its damages). The preceding sentence states Provider’s exclusive remedy for such breach.
• • •
If the System does not provide the functionality listed in Item __ of the Specifications, Provider shall pay Customer $_______, as liquidated damages. Such liquidated damages are Customer’s exclusive remedy for such breach, but they do not preclude other remedies for other injuries.