A contract that provides the same liquidated damages for any breach is "unreasonable and a violation of the principle of just compensation." In accordance with FAR Part 52.204-7(b)(1) Contractors must be registered in the System for Award Management.No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Upon termination Owner shall pay to Manager any fees, commissions and expenses due Manager under terms of this Agreement, which are owing to Manager. A penalty clause is a provision within a contract stating that if one party breaches it, they must pay financial compensation to the other. Management Services. Your responsibilities as a tenant or leaseholder are laid out within your tenancy agreement or lease. 1.1 Middlesex Street Estate amenities. For the first time in a century, the Supreme Court has considered the common law rule on penalty clauses in commercial and consumer contracts.