Incentive and Damages Sample Clauses

Incentive and Damages. 11.6.1 In the event that the Availability in any month exceeds the Normative Availability, the Supplier shall, in lieu of a Fixed Charge, be entitled to an Incentive which shall be calculated and paid at the rate of 50 % (fifty per cent) of the Fixed Charge for Availability in excess of Normative Availability. Provided, however, that any Incentive hereunder shall be due and payable only to the extent of Despatch of the Power Station. For the avoidance of doubt and by way of illustration, in the event the Availability in any month shall exceed the Normative Availability by 3% (three per cent) of the Contracted Capacity but the Despatch during that month shall exceed 1% (one per cent) of the Contracted Capacity, the Incentive payable hereunder shall be restricted to such 1% (one per cent) only.
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Incentive and Damages. (GST will be applicable as per GST Act and its amendments thereof)
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Incentive and Damages. In the event that the Availability in any month exceeds the Normative Availability, the Concessionaire shall, be entitled to an Incentive which shall be calculated and paid at the rate of 75 % (Seventy Five percent) of the excess Power units generated for Availability in excess of Normative Availability subject to the prior agreement distribution licensee. Provided, however, that any Incentive hereunder shall be due and payable only to the extent of Despatch of the Renewable Hybrid Energy Project Facilities. For the avoidance of doubt and by way of illustration, in the event the Availability in any month shall exceed the Normative Availability by 3% (three per cent) of the Contracted Capacity but the Despatch recorded at metering point during that month shall exceed 1% (one per cent) of the Contracted Capacity; the Incentive payable hereunder shall be restricted to such 1% (one per cent) only.
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Incentive and Damages. 26.6.1 In the event that the Availability in any month exceeds the Normative Availability, the Concessionaire shall be entitled to an incentive which shall be calculated and paid on a pro rata basis in the same proportion as the Unitary Charge bears to the Normative Availability. For the avoidance of doubt and by way of illustration, the Parties agree that if the pro rata Unitary Charge for 1% (one per cent) of Normative Availability is Rs.x, the incentive payable for Availability of 0.7% (zero point seven per cent) in excess of Normative Availability shall be Rs. 0.7x. The Parties further agree that the incentive shall not be due or payable for more than 2% (two per cent) of the Normative Availability.
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Incentive and Damages. 11.3.1 The Aggregator shall be entitled for incentive in the form of discount in tariff for higher off-take of power beyond 55% of the Contracted Capacity on monthly basis. Discount in tariff shall be at the rate of 1% of the tariff for every 5% incremental increase or part thereof in off-take beyond 55% of the Contracted Capacity. For the avoidance of doubt and by way of illustration, in case Utility off-takes 63% of the Contracted Capacity in a month and assuming Tariff payable by the Procurer for the accounting year is Rs. 2.50/kWh, then the Tariff payable by the Procurer for the energy supplied up to 55% of the Contracted Capacity shall be at the rate of Rs. 2.50/kWh, over 55% and up to 60% shall be Rs. 2.475/kWh and for the energy supplied over 60% and up to 63% shall be Rs. 2.475. However, if 65% is achieved, then over 60% and up to 65%, the tariff payable shall be Rs. 2.450/kWh.
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Related to Incentive and Damages

  • Exclusion of Consequential and Related Damages IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • REMEDIES AND DAMAGES Section 17.1 (a) If an Event of Default shall occur, and this Lease and the Term shall expire and come to an end as provided in Article 16:

  • Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that City may have under applicable law.

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

  • Liability and Damages The liability provisions of the Terms shall apply except as explicitly agreed otherwise in this DPA.

  • Injunctive Relief; Punitive Damages (a) The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders' option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Direct Damages Each of the Parties shall be liable to the other for any direct damages arising out of or relating to its performance or failure to perform under this Agreement.

  • Directed Share Program Indemnification (a) The Company agrees to indemnify and hold harmless Xxxxxx Xxxxxxx, each person, if any, who controls Xxxxxx Xxxxxxx within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act and each affiliate of Xxxxxx Xxxxxxx within the meaning of Rule 405 of the Securities Act (“Xxxxxx Xxxxxxx Entities”) from and against any and all losses, claims, damages and liabilities (including, without limitation, any legal or other expenses reasonably incurred in connection with defending or investigating any such action or claim) (i) caused by any untrue statement or alleged untrue statement of a material fact contained in any material prepared by or with the consent of the Company for distribution to Participants in connection with the Directed Share Program or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading; (ii) caused by the failure of any Participant to pay for and accept delivery of Directed Shares that the Participant agreed to purchase; or (iii) related to, arising out of, or in connection with the Directed Share Program, other than losses, claims, damages or liabilities (or expenses relating thereto) that are finally judicially determined to have resulted from the bad faith or gross negligence of Xxxxxx Xxxxxxx Entities.

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