[reddygaru]

These are the statements in my offer letter.

In order to fulfill your assignment, it will be necessary for Mahindra Satyam to make
Substantial efforts and incur expenses for your training, airfare, and relocation costs. If you
Fail to complete your assignment, Mahindra Satyam will incur substantial damages. These may include the
Costs of your replacement, airfare, training, lost time on the job and other down-time, loss of client
Confidence and customer relations, failure to transfer knowledge, and loss of existing business and future
Business opportunities. If you breach this Agreement by leaving a project or assignment before
It is completed, and/or by changing or transferring your immigration status in the United States, without the
Written consent of Mahindra Satyam, and in violation of this Agreement, Mahindra Satyam shall declare
Immediately due and payable and shall recover from you, as liquidated damages, and not as a penalty, a
Fixed sum in the amount of $25,000.00 (USD), which represents a reasonable amount in relation to the
Actual expenses incurred by Satyam, including, but not limited to, those referenced above.


Let me know if this liquidated damages are applicable.

[AK lawyer]

Applicable to what?

It appears to be a reasonable liquidated damages clause. Whether it is enforceable depends upon the law of the jurisdiction (state in the U.S. I'm guessing) and the exact set of facts upon which might apply to the situation.

In other words, are you contemplating breaching the contract?

[h1bapplicant]

Hi Expert,

I am also from same company having same clause,I am planning to change the current H1B employer for personal reasons with 15 days notice period. So what are the consequence I need to face.

Will they Employer really ask the $25K (Huge amount)? If they ask how much ? Or will they come to settlement ?

This clause in in onsite Offer Letter where we signed in India.will they applicable in US . Again in USA is it depend on state to state ?

Your response is appreciated.

Thanks,
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