Foreseeability Sample Clauses

Foreseeability. For the avoidance of doubt and for the purpose of determining the User’s liability under this Agreement, any liability of SONI (in respect of any acts or omissions of the User in breach of this Agreement that cause physical damage to the Plant, Apparatus or other property of a Relevant Person) to NIE under the Transmission Interface Arrangements, a Distribution Network Owner under a Distribution Interface Agreement or to the Other TSO under the System Operator Agreement, will be a reasonably foreseeable consequence of a breach of this Agreement by the User in respect of which XXXX will be entitled to recover damages from the User, provided that the liability of the User under this Agreement in respect of damage to the property of:
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Foreseeability. For the avoidance of doubt and for the purpose of determining the Generator’s liability under this Agreement, any liability of SONI (in respect of any acts or omissions of the Generator in breach of this Agreement that cause physical damage to the Plant and/or Apparatus or other property of a Relevant Person) to NIE under the Transmission Interface Arrangements or to the Other TSO under the System Operator Agreement, will be a reasonably foreseeable consequence of a breach of this Agreement by the Generator in respect of which XXXX will be entitled to recover damages from the Generator, provided that the liability of the Generator under this Agreement in respect of damage to the property of:
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Foreseeability what a party would have foreseen has they contemplated the course of likely future events—realize the likely damages that would result from his breach.
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Foreseeability. UPICC Art.7.4.4 stipulates, “The non-performing party is liable only for harm which it foresaw or could reasonably have foreseen at the time of conclusion of the contract as being likely to result from its non-performance.” In this case, Blue Hot which is instant 1 COMMENTARY ON THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (PICC) SECOND EDITION, EDITED BY XXXXXX XXXXXXXXX, OXFORD, 2014. Page 893 PRELIMINARY MEMORANDUM SOPHIA UNIVERSITY food which competes with Yellow. Blue could foresee the profit of Yellow would decrease if Blue sold Blue Hot which is similar instant foods compared with Yellow when Blue concluded the JVA.
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Foreseeability. Plaintiff can only recovery damages that are foreseeable Certainty Plaintiff can only recover damages that can be proved with reasonable certainty Limitations on Damages Avoidability -plaintiff cannot recover damages that were avoidable non-breaching party cannot keep running up damages non-breaching party must find alternative employment rockingham county the plaintiff kept working to reduce cost avoided. xxxxxx v. 20th If xxxxxx had taken the other role, it would have been a mitigation of damages for fox xxxxxx & xxxxx v xxxx grossly and unfairly out of proportion (to restart compared to difference in value) hypo: built house except roof (5000 damage) recover only cost to repair roof and not loss in total value because damages can be limited alternative tests
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Foreseeability a. Restatement (Second) of Contracts § 351(3)
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Related to Foreseeability

  • Grievability Denial of a petition for reinstatement is grievable. The grievance may not be based on information other than that shared with the Employer at the time of the petition for reinstatement.

  • Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

  • Impossibility Neither party shall be in default of this Charter, if the performance of any or all of this Charter is prevented, delayed, hindered or otherwise made impracticable or impossible by reason of any strike, flood, hurricane, riot, fire, explosion, war, act of God, sabotage or any other casualty or cause beyond either party’s control, and which cannot be overcome by reasonable diligence and without unusual expense.

  • Sustainability 49.1 The Contractor shall perform its obligations under the Call-off Contract in a manner so as to:

  • Outcome a desirable situation, condition, or circumstance in a member’s life that can be a result of the support provided by effective care management. Outcomes defined include:

  • Impact direct impact on people does not necessarily require direct contact, for example, environmental health, trading standards and similar officers may have a direct impact on people, through the implementation or enforcement of regulations, without necessarily having direct contact with those who benefit.

  • Impracticability A Service Provider shall not be required to provide any Service to the extent the performance of such Service becomes impracticable as a result of a cause or causes outside the reasonable control of the Service Provider, including unfeasible technological requirements, or to the extent the performance of such Services would require the Service Provider to violate any Applicable Law, or would result in the breach of any license, Governmental Authorization or Contract (an “Impracticability”).

  • Dependability Compliance with instructions and regulations; reliability under varying conditions. ☐ Unsatisfactory Frequently undependable. ☐ Needs Improvement ☐ Meets Expectations Dependable under normal circumstances. ☐ Exceeds Expectations ☐ Outstanding Thoroughly reliable on assignments. Remarks: Click here to enter remarks

  • Determination of Responsiveness 28.1 The Procuring Entity's determination of a Tender's responsiveness is to be based on the contents of the Tender itself, as defined in ITT28.2.

  • Outcomes Secondary: Career pathway students will: have career goals designated on SEOP, earn concurrent college credit while in high school, achieve a state competency certificate and while completing high school graduation requirements.

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