The maximum total liquidated damages shall be limited to {X} percent of the value of the undelivered items. Seller shall not be liable for liquidated damages or price reductions for failure to meet contractual delivery dates resulting from Force Majeure or Excusable Delays as defined in the pertinent provision of this contract - (International Contracting: Law and Practice - Larry A. DiMatteo - §2.05 B - S. 27).

If the Seller fails to deliver in any Calendar Month the whole or any part of the respective Monthly Quantity of {X} (...) by the {X} day of the Calendar Month following the Calendar Month to which such Monthly Quantity applies (...) it shall pay to the Buyer USD {X} for each non-delivered US net barrel. The Parties agree that any such payment constitutes a genuine core-estimate of loss solely in respect of the non-delivery of each US net barrel and is made by the Seller in full and final settlement of any losses, expenses, costs or damages suffered or incurred by the Buyer as a result of such non-delivery as between the Buyer and the Seller.

If either Party fails on any Day to Schedule and receive or deliver the Contract Quantity, as provided in Section X, that Party shall be liable for, and shall pay the other party, the following damages (...) If the quantity Buyer/Seller receives and purchases on any Day is less than the applicable Contract Quantity and the Sales Price/Replacement Price is less/greater than the Contract Price, then Buyer/Seller shall be liable for and shall pay to Seller/Buyer a dollar amount equal to the product of (i) the difference between the Contract Price/Replacement Price and the Sales Price/Contract Price, and: (ii) Buyer's/Seller's Deficiency Quantity. In addition, Buyer/Seller shall pay Seller/Buyer an amount equal to ten percent (10%) of the amount calculated pursuant to the first sentence of this subsection X to cover Seller's/Buyer's administrative and operational costs and expenses.

Notwithstanding anything to the contrary contained in this agreement, if the sale of the property to Buyer is not consummated as a result of Buyer's default under this agreement after the satisfaction of all conditions to Buyer's obligations under this agreement and that default is not cured within two (2) business days after notice from Seller, Seller shall be entitled to retain the deposit as Seller's liquidated damages as its sole remedy (...) The parties agree that it would be impracticable and extremely difficult to ascertain the actual damages suffered by Seller as a result of Buyer's failure to complete the purchase of the property pursuant to this agreement, and that under the circumstances existing as of the effective date, the liquidated damages provided for in this section represents a reasonable estimate of the damages which Seller will incure as a result of such failure (...)

If the Seller fails to meet the above mentioned requirements the Buyer shall be entitled to claim liquidated damages at an amount of E {X}. Further claims like external cost, charges and fines etc. are not exclude.

(...) In the event that the Condition Precedent set forth above (...) is not fulfilled by the date which is {X} then the Purchaser shall pay interest on the Purchase Price at the rate of 12% per annum; and the date which is {Y} then the interest rate applied (...) above shall increase to 15% per annum; the date which is {Z} then the Purchaser shall pay the Sellers a lump sum for non-performance equivalent to the Purchase Price (...)

If Seller is not in default of Seller's representations, warranties and covenants under this Agreement and is ready, willing and able to convey the Property in accordance with this Agreement, and Buyer fails to consummate this Agreement and take title, then the parties hereto recognize and agree that the damages that Seller will sustain as a result thereof will be substantial, but difficult if not impossible to ascertain and Seller shall, as its sole remedy, be entitled to retain the Deposit as liquidated damages, and not as a penalty and neither party shall have any further rights or obligations with respect to the other under this Agreement, except for the those which are expressly stated to survive termination of this Agreement. Buyer agrees not to interpose any defense or otherwise seek to interfere with Seller's retention and ownership of the Deposit.

If Buyer incurs default with regard to additional amounts payable in 2011 and/or 2012, or with regard to the amount payable within 30 (thirty) days after Closing, default shall be automatic and penalty interest shall be added equal to LIBOR + 5pp per year, which shall be calculated from the date on which such amount is due and until actual payment (...)

Should an Aircraft not be Ready for Delivery within {X} days after the last day of the Scheduled Delivery Month (the Delivery Period) and such delay is not as a result of an Excusable Delay or Total Loss, then such delay will be termed an Inexcusable Delay. In the event of an Inexcusable Delay, the Buyer will have the right to claim, and the Seller will pay the Buyer liquidated damages of {X}. In no event will the amount of liquidated damages exceed the total of {X} in respect of any one Aircraft. The Buyer's right to liquidated damages in respect of an Aircraft is conditioned on the Buyer's submitting a written claim for liquidated damages to the Seller not later than {X} days after the last day of the Scheduled Delivery Month.

From {X}, 20XX to {X}, 20XX, Party B must ensure that it pays $ {X} annually to Party A as the bottom-line of advertising agency fee; if the annual advertising sales totals exceed $ {X}, the exceeding portion is to be allocated at the ratio of 3:7 between Party A and Party B. The payment for the allocated exceeding portion from each calendar year is to be made on the fifteenth business day of the following year.

(...) Additionally, X will be liable for liquidated damages for the failure to meet various performance guarantees which may be satisfied either on a Unit (...): Net Deliverable Capacity/per Unit; Heat Rate/per Unit (...) liquidated damages for any of the above items (...) are individually capped at 30% of the total contract price (...)

If (...) the Works do not fulfil the performance undertaking or guarantee specified in the Contract, then the Purchaser shall be entitled to such liquidated damages for performance (...) Such liquidated damages shall be to the exclusion of all other remedies for such lack of performance. The total amount of liquidated damages for performance shall, unless otherwise specified in the Contract, not exceed {X} percent of the Contract Price.

Subject to Section X, if an Alternative Financing Event shall occur prior to the Senior Secured Convertible Notes Issuance Date, the Borrower shall on the Mandatory Prepayment Date pay to the Lender as liquidated damages and compensation for the costs of being prepared to make funds available hereunder and in respect of the Senior Secured Convertible Notes an amount equal to the excess of ${X} over the amount (if any) previously paid by the Borrower pursuant to Section X of the Securities Purchase Agreement (the "Financing Fee"). The Borrower, the other Loan Parties and the Lender agree that such amount is a reasonable calculation of the Lender's lost profits under this Agreement and in respect of the Senior Secured Convertible Notes in view of the difficulties and impracticality of determining actual damages based on a failure to consummate the transactions contemplated by this Agreement and the Securities Purchase Agreement.

The Seller and Management Shareholder, in case fail to perform covenants in Article X, shall pay RMB {X} as liquidated damages to the Purchase. If such liquidated damages is insufficient for repairing losses occurs to the Purchaser, the Seller and Management Shareholder shall be jointly liable for the insufficient indemnification.

It is agreed that Party A provisionally decides to provide the plan view of the Premises and the structure thereof to Party B for renovation on or before {Date}, and shall provide the certificate of recordation of fire-fighting facility acceptance to Party B within one and half a month after the completion of the modification of the principal structure of the renovation. If the Premises can not be delivered on time due to non-completion of the Premises, Party A shall pay to Party B the liquidated damages at 0.5% of the monthly rent for each delayed day.

The rent shall be paid in advance. Therefore, Party B shall pay the rent of the first month (i.e. from August 1, 2009 to August 31, 2009) on or before July 1, 2009, and shall pay the rent of the subsequent months on or before the 25th day of each month (for example, the rent for the month as from September 1, 2009 to September 30, 2009 shall be paid on or before August 25, 2009), and Party A shall issue a corresponding invoice to Party B within three days upon receipt of the payment. If Party B defaults any due and payable rent, it shall pay to Party A the liquidated damages at 0.5% of monthly rent for each delayed day.

If Party B can not use the Premises and materials provided by Party A to complete the necessary registration with the administration for industry and commerce, Party A shall stop collecting the rent and assist Party B in completing the registration within two months. If the registration still can not be completed within the prescribed time period, Party B may terminate this Contract and Party A shall pay to Party B the liquidated damages equal to three months' rent, unless the failure in registration is caused by any reason of Party B.

Unless it is otherwise stipulated herein, neither Party may terminate or cancel this Contract during the lease term. If either Party has to terminate this Contract, it shall give a written notice to the other Party at least three months in advance and the breaching party shall pay to the non-breaching party the liquidated damages equal to three months' rent in that year. If either Party violates this Contract, it shall pay to the other Party the liquidated damages equal to three months' rent, unless it is otherwise stipulated in this Contract.

Should the Buyer fail to make payment within {X} days of delivery date, the Buyer shall pay to the Seller a default penalty of 0,05% of the late payment per day, until the Buyer has fulfilled its payment obligations.

Im Fall des Verzugs gewährt das Konsortium eine Verzugsentschädigung für nachgewiesene Verzugsschäden von max. 0,5% des Netto-Rechnungsbetrags der Gesamtanlage pro Woche vollendeten Verzugs max. jedoch 5% des Netto-Rechnungsbetrages der Gesamtanlage. Weitergehende Ansprüche aus Verzug sind ausgeschlossen.

If the payment of goods is delayed due to reasons of the Seller, X% of the good price shall be paid as breach penalty by the Buyer to the Seller for dealy of one day. If the Buyer delays to pay for goods for {X} days (...) the Seller has the right to (...) require the Buyer to pay X% of the goods price as penalty fee, which does not exert any influence on other rights of the Seller.

If Party B delays in paying any of the installments above, penalty on any delayed installment(s) shall be calculated from the day after the due date of such installment and shall continue to be payable by Party B until such time as the delayed installment is paid. The penalty payable shall be calculated from day to day at the daily rate of 0.05%.

Prior to the relevant government authorities grant to Party B the land use right certificate and the building ownership certificate, if Party B delays the payment of any installment(s) for X days after the due date of such installment (including Saturdays, Sundays and Public Holidays), Party A shall be entitled to (...) charge from Party B 4% of the Purchase Price as a lump sum compensation, or charge all penalties calculated in accordance with Article X (...)

In case of Party's A overdue delivery or Party's B overdue payment, the defaulting party shall pay the other party the penalty of X of the overdue product value or payment for each delayed day.

(...) If, after the Schedule Completion Date of a Unit, X has satisfied all the requirements for such Unit's Substantial Completion (...) but has failed to meet the performance guaranties, X may either pay the performance liquidated damages or continue to try to meet the performance guaranties through remedial measures (...) the maximum liability of X for all events and damages will not exceed an amount equal to one hundred percent (100%) of the Contract Price, excluding damages resulting from X's gross negligence, willful misconduct or indemnification obligations (...)

If any unit has not achieved commercial operation by the required date dor such Unit (...) and such delay is not the result of an event of force majeure or fault of X or the State, the Company will be liable to X for delay liquidated damages equal to US$ {X} (day per Unit), up to a maximum aggregate amount of US$ {X}.

(...) If a substantial completion of a Unit is not achieved by the required date, then X will be obligated to pay US$ {X}/day for such Unit in delay damages, up to a amount of {X}% of the total contract price.

If Contractor fails to Complete the Works within the Time as specified in Chronogram, Purchaser shall have the right to recover liquidated damages from the Contractor promptly, at the amount of 0,5% of the Contract Price for each and every week of delay on scheduled completion of delivery after {X} week grace period (...) The total amount of liquidated damages for the delay in completion shall not in any case exceed 10% of the Contract Price. The payment or deduction of the liquidated damages shall not relieve the Contractor from his obligation to complete the Works or from any other of his obligations and liabilities under the Contract.

If taking over of the Works occurs later than at the agreed time for completion (...) then the Purchaser shall be entitled to liquidated damages (...) Such liquidated damages shall be to the exclusion of all other remedies for delay. Unless otherwise specified in the Contract, the liquidated damages shall be payable at a rate of 0.5 percent of the Contract Price for each complete week of delay and the total amount of liquidated damages for delay shall not exceed 7.5 percent of the Contract Price (...)

In the case that the Purchaser fails to pay consideration within agreed period herein and does not provide remedy within 15 days after receiving written notice from the other party, shall pay overdue liquidated damages to the Seller. The liquidated damage shall be one-hundredth of a percent of the amount payable in the payment period per day.

Liquidated damages for delay (...) shall become due at the Purchaser's demand, but not before the Works have been taken over or the Contract has been terminated (...). Liquidated damages for performance (...) shall become due at the Purchaser's demand, but not before the deviation for performance has been ascertained, or the Contractor has declared that he will not remedy the deviation (...) the Purchaser shall lose his right to liquidated damages if he has not made a claim for such damages within {X} months (...)