Contractual Capabilities Clause Samples

Contractual Capabilities. As detailed in Appendix 4: Key Performance Indicators Failure to meet contractual capabilities: *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. The Company shall make the investments required to achieve the capabilities outlined above as well as the Key Performance Indicators (KPI) outlined in Appendix 4. In the event that any of the capabilities are not met on a structural basis, the Client shall notify the Company of any shortcoming. In this event the Company shall explore, where necessary with the Client, the reason for this underperformance and provide an explanation to the Client. In the event that an operational/procedural solution can be determined to address the underperformance, such a solution will be implemented without delay by the Terminal in consultation with the Client. In the event that an operational/procedural modification cannot be agreed or found to address the underperformance within three (3) months after notification, and a mechanical issue is the cause of the continued shortcoming, the Company shall make the necessary investment to achieve the contractual capability without delay, with due consideration for costs, the lead time required for ordering and receiving new hardware at the Terminal. In the event of direct financial losses to the Client that are directly attributable to the underperformance of the KPI (including, but not limited to, any higher costs relating to alternative storage procured and vessel demurrage charges incurred), the Company shall pay the Client an amount to fully offset such losses. The method of payment shall be discussed and agreed between the Company and the Client. Nothing in the General Terms and Conditions referred to in clause 18 (including, but not limited to, in clause 38 of such General Terms and Conditions) shall limit the liability of the Company under this clause 7.
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Related to Contractual Capabilities

  • Contractual Consents The Corporation and/or the Shareholders shall have given all notices to, and obtained all consents, approvals or authorizations of or from, any individual, corporation or other party which may be necessary to permit the consummation of the transactions contemplated hereby (including, without limitation, any consents required under the Contracts).

  • EXTRA CONTRACTUAL OBLIGATIONS In the event Retrocedant or Retrocessionaire is held liable to pay any punitive, exemplary, compensatory or consequential damages because of alleged or actual bad faith or negligence related to the handling of any claim under any Reinsurance Contract or otherwise in respect of such Reinsurance Contract, the parties shall be liable for such damages in proportion to their responsibility for the conduct giving rise to the damages. Such determination shall be made by Retrocedant and Retrocessionaire, acting jointly and in good faith, and in the event the parties are unable to reach agreement as to such determination, recourse shall be had to Article XV hereof.

  • SUBCONTRACTUAL RELATIONS 5.3.1 By written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities

  • Other Contractual Arrangements [You may insert any other contractual arrangements the Parties to this Agreement wish to provide to govern the responsibilities, remuneration, liabilities, and indemnities for the duties of the Escrow Agent or any other matter which the Parties wish to include in this Agreement provided that the terms are not inconsistent with the Policy and the terms of this Agreement.]

  • CONTRACTUAL PENALTIES 1. Should the Accommodated Person fail to pay the price for the accommodation in the agreed amount, by the due date and under the correct variable symbol, he/she is obliged to pay interest on late payments under Section 10(2) of Act No. 176/2004 Coll., on the Disposal of the Property of Public Institutions and the Amendment to Act No. 259/1993 of the National Council of the Slovak Republic, on the Slovak Forestry Chamber, as amended by Act No. 464/2002 Coll., as amended. In addition, he/she is obliged to pay a contractual penalty (even if the contractual obligations are breached not through a fault of the Accommodated Person, e.g., by error of the financial institution) in the amount of 0.3 % of the amount due for each day of delay. The agreement regarding the contractual penalty shall not affect the Landlord’s entitlement to demand compensation for damages. Both entitlements can be exercised by the Landlord concurrently. Both the contractual penalty and the interest on late payments are to be paid via a separate bank transfer to the Landlord’s account stated in Article I in the “Landlord” section hereof (separately from the price for the accommodation). 2. If the payment needs to be searched for due to the incorrectly stated variable symbol, the Accommodated Person shall pay a contractual penalty amounting to EUR 5. 3. In the case of loss or theft of the accommodation card, the Accommodated Person shall pay the Landlord the sum for issuing a new card in the amount of EUR 13, and in the case of loss or theft of the key to the room, he/she shall pay the sum for making an extra key in the amount of EUR 20. The sum for issuing a new card and making an extra key is to be paid by the Accommodated person by a stand- alone wire transfer to the bank account of the Landlord provided in Article I, part “Landlord” of this Contract (separately from the price for accommodation and settlement of contractual penalties and default interest). The Landlord shall provide the Accommodated Person with a replacement key or a new accommodation ID only after the sum stipulated under this paragraph is paid. 4. In compliance with Section 544(1) of the Civil Code, the Accommodated Person is also obliged to pay the contractual penalty even though the Landlord did not incur any damage as a result of a breach of the obligations of the Accommodated Person.