Calculation of Settlement Amounts. The Gains or Losses resulting from the termination of this Agreement shall be determined by calculating the amount that would be incurred or realized to replace or to provide the economic equivalent of the remaining payments or deliveries in respect of this Agreement. The Gains or Losses shall be calculated for a period equal to the remaining Term (“Settlement Period”). The quantity of Energy in each month of the Settlement Period shall be equal to the Expected Output for such month (“Settlement Energy”). The Non-Defaulting Party (or its agent) may determine its Gains and Losses by reference to information either available to it internally or supplied by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end-users of the relevant product, information vendors and other sources of market information. However, it is expressly agreed that (a) a Party shall not be required to enter into a replacement agreement in order to determine the Termination Payment and (b) a Party’s Gains, Losses or Costs will in no event include any penalties, ratcheted demand or similar charges.
Calculation of Settlement Amounts. The Non-Defaulting Party will calculate, in a commercially reasonable manner, a Settlement Amount for each such Terminated Transaction as of the Early Termination Date by aggregating its Gains, Losses and Costs with respect to each such Terminated Transaction (or, to the extent that in the reasonable opinion of the Non-Defaulting Party certain of such Terminated Transactions are commercially impracticable to liquidate and terminate or may not be liquidated and terminated under Applicable Law on the Early Termination Date, as soon thereafter as is reasonably practicable). If the Non- Defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, resulting from the termination of this Master Agreement, the settlement amount shall be zero, notwithstanding any provision of this Master Agreement to the contrary.
Calculation of Settlement Amounts. 3.1 If the Fixed Price exceeds the Reference Price in a Determination Period, the Buyer shall pay to the Seller the Settlement Amount for such Determination Period and if the Reference Price exceeds the Fixed Price in a Determination Period, the Seller shall pay to the Buyer the Settlement Amount for such Determination Period.
Calculation of Settlement Amounts. 73. The Settlement Administrator shall calculate pro rata Class Settlement Payments out of the Net Settlement Amount to Class Members as described in Paragraph 53 of this Agreement, and based on Urban’s internal records. The Settlement Administrator also shall calculate pro rata individual PAGA Group Payments to PAGA Members as described in Paragraph 53 of this Agreement, and based on Urban’s internal records.
Calculation of Settlement Amounts. 6 4. PAYMENT..................................................................6 5.
Calculation of Settlement Amounts. The Gains or Losses resulting from the termination of this Agreement shall be determined by calculating the amount that would be incurred or realized to replace or to provide the economic equivalent of the remaining payments or deliveries in respect of this Agreement. The Gains or Losses shall be calculated for a period equal to the remaining Term (“Settlement Period”). The quantity of Energy in each month of the Settlement Period shall be equal to the Specified Amount for such month determined under this Agreement as of the time the calculation is made (“Settlement Energy”). The Non-Defaulting Party (or its agent) may determine its Gains and Losses by reference to information either available to it internally or supplied by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end-users of the relevant product, information vendors and other sources of market information. However, it is expressly agreed that
Calculation of Settlement Amounts. The Gains or Losses resulting from the termination of this Agreement shall be determined by calculating the amount that would be incurred or realized to replace or to provide the economic equivalent of the remaining payments or deliveries in respect of this Agreement. The Gains or Losses shall be calculated for a period equal to the remaining Term (“Settlement Period”). The quantity of Generating Facility Energy in each month of the Settlement Period shall be equal to the Specified Amount for such month determined under this Agreement as of the time the calculation is made (“Settlement Energy”). The Non-Defaulting Party (or its agent) may determine its Gains and Losses by reference to information either available to it internally or supplied by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end- users of the relevant Products, information vendors and other sources of market information. However, it is expressly agreed that (a) a Party shall not be required to enter into a replacement agreement in order to determine the Termination Payment and (b) a Party’s Gains, Losses or Costs will in no event include any penalties, ratcheted demand or similar charges or consequential, punitive, exemplary or indirect or business interruption damages. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Settlement Amount shall be zero dollars ($0).
Calculation of Settlement Amounts. The Administrator will calculate the amount due to the LWDA and each PAGA Group Member (Former or Current, as applicable) in accordance with the allocation formula set forth in Section III.B.
Calculation of Settlement Amounts. The “Net Settlement Amount” will be preliminarily allocated to both Named Plaintiff Settlement Class Members and Non- Named Plaintiff Settlement Class Members consistent with the plan attached hereto as Exhibit 4. The Settlement Administrator will calculate the Total Possible Settlement Payment to each Named Plaintiff and Non-Named Plaintiff Settlement Class Member. Non-Named Plaintiff Settlement Class Members will be considered “Qualified Claimants” eligible to receive Final Individual Settlement Amounts only if they do not opt out of the Settlement. Section 16 of the Agreement is amended to read:
Calculation of Settlement Amounts. The “Net Settlement Amount” will be preliminarily allocated to Non-Named Plaintiff Settlement Class Members consistent with the plan attached hereto as Exhibit 4. The Settlement Administrator will calculate the Total Possible Settlement Payment to each Non-Named Plaintiff Settlement Class Member. Non-Named Plaintiff Settlement Class Members who do not opt out of the Settlement will be considered “Qualified Claimants” eligible to receive Final Individual Settlement Amounts.
