Specification of Liquidated Damages
Vendor shall credit Customer __% of the License Fee, as liquidated damages, for each business day between the Due Date and any later date Vendor 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.
In the event that Customer materially breaches this Agreement and Vendor terminates on that basis, Customer shall pay Vendor, as liquidated damages, __% of the Service Fees not yet invoiced. The provisions of the preceding sentence state Vendor’s exclusive remedy for such breach but do not limit Customer’s obligation to pay Service Fees already invoiced.
In the event that the System does not provide the functionality listed in Item __ of the Technical Specifications, Vendor 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.