Availability Factor; Liquidated Damages; Termination Rights Sample Clauses

Availability Factor; Liquidated Damages; Termination Rights shall pay, and Company shall accept, as liquidated damages for Seller's failure to achieve the Availability Benchmark for such LD Period, an amount calculated in accordance with the following formula:‌‌‌ Availability Amount of Liquidated Damages Per Factor Calendar Month For each one-tenth of one percent‌ 98.9% and below% (0.001) by which the Availability Factor for such LD Period falls below the Availability Benchmark, an amount equal to one-tenth of one percent (0.001) of the Applicable Period Lump Sum Payment for the last calendar month of such LD Period. For purposes of determining liquidated damages under the preceding formula, the amount by which the Availability Factor for the LD Period in question falls below the applicable threshold shall be rounded to the nearest one-tenth of one percent (0.001). Each Party agrees and acknowledges that (i) the damages that Company would incur if the Seller fails to achieve the Availability Benchmark for a LD Period would be difficult or impossible to calculate with certainty and (ii) the aforesaid liquidated damages are an appropriate approximation of such damages.
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Related to Availability Factor; Liquidated Damages; Termination Rights

  • Automatic Recurring Payments You may use the xxxx payment function to arrange for the automatic payment of bills that have a fixed frequency and amount. Once your automatic xxxx payment arrangements are established, we will make the payments without further requests by you. If the payment due date for an automatic payment falls on a weekend or holiday, the payment may be made the following business day.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Vacation Pay Upon Termination When an employee in the bargaining unit is terminated for any reason, he/she shall be entitled to all vacation pay earned and accumulated up to and including the effective date of the termination.

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  • Reallocation to a Class with an Equal Salary Range Maximum 1. If the employee meets the skills and abilities requirements of the position, the employee remains in the position and retains existing appointment status.

  • TEACHER TEACHING ON CALL PAY AND BENEFITS 1. The employer will ensure compliance with vacation provisions under the Employment Standards Act in respect of the payment of vacation pay.

  • TERM, TERMINATION & SUSPENSION The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

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  • Interconnection Customer Compensation for Actions During Emergency Condition The CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff for its provision of real and reactive power and other Emergency Condition services that the Interconnection Customer provides to support the CAISO Controlled Grid during an Emergency Condition in accordance with Article 11.6.

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