Liquidated Damages Calculation Sample Clauses

Liquidated Damages Calculation. The liquidated damages amount for each pound by which a Member’s harvest of an Allocated Species exceeds such Member’s Harvest Share for such species shall be the relevant Base Value, multiplied by the relevant liquidated damages multiplier. The liquidated damages amounts for breaches of this Agreement, other than over‐harvest of a Member’s Harvest Share shall be as provided on Exhibit D.
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Liquidated Damages Calculation. The liquidated damages amount for each pound by 33 which a member’s harvest of an allocated species exceeds such member’s harvest share for such 34 species shall be the average inter-sector lease market listing price from two months previous 35 multiplied by a multiplier of three or more as determined by the Enforcement Committee. The
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Liquidated Damages Calculation. I. Equation and Formulas for Calculating RA Deficiency Amount As provided in Section 3.3(e)(ii)(B), the formula for calculating the RA Deficiency Amount in a given RA Shortfall Month is: RA Deficiency Amount ($/Month) = RA Value ($/MW/Month) × Expected Net Qualifying Capacity (MW) Where the:
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Liquidated Damages Calculation. Not Applicable since there will be no‐ 24 active vessels in FY 2018
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Liquidated Damages Calculation. (a) In the event that the sum of (a) the Equivalent Forced Outages Energy plus (b) the Maintenance Outages Energy plus (c) Scheduled Outages Energy, shall exceed X MWh in an Operating Year (where X equals the Average Dependable Capacity for the Operating Year multiplied by seven hundred fifty (750) hours and in the case of an Operating Year in which a Major Overhaul is conducted, one thousand three hundred (1300) hours), the BOT Company shall owe EVN, as liquidated damages, the Capacity Damages Charge multiplied by ((a + b + c) - X) as a refund of Capacity Charges for that Operating Year.
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Liquidated Damages Calculation. THE PARTIES AGREE THAT IN THE EVENT THAT THE CLOSING FAILS TO OCCUR BY REASON OF A LIQUIDATED DAMAGES EVENT, THE DAMAGES TO NHG WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN, AND THAT THEREFORE, THE LIQUIDATED DAMAGES AMOUNT IS A REASONABLE ESTIMATE OF THE DAMAGES TO NHG, INCLUDING (WITHOUT LIMITATION) COSTS OF NEGOTIATING AND DRAFTING THIS AGREEMENT, DAMAGES TO NHG'S BUSINESS AND EMPLOYEE RELATIONS, COSTS OF SATISFYING CONDITIONS TO CLOSING, OPPORTUNITY COSTS IN KEEPING NHG OUT OF THE MARKETPLACE, AND OTHER COSTS INCURRED IN CONNECTION HEREWITH. THE PARTIES AGREE THAT SAID SUM SHALL BE THE SOLE DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY OF NHG, LEGAL, EQUITABLE OR OTHERWISE, WITH RESPECT TO THE FAILURE OF THE CLOSING TO OCCUR DUE TO A LIQUIDATED DAMAGES EVENT. (P) NHG'S RIGHTS. WITHOUT LIMITING NHG'S RIGHTS TO PURSUE CAPITAL DIRECTLY FOR CASH EQUAL TO THE LIQUIDATED DAMAGES AMOUNT, NHG SHALL BE ENTITLED TO BE PAID, OUT OF THE ACTUAL DEPOSIT HELD AND/OR PREVIOUSLY DISTRIBUTED TO NHG BY THE DEPOSIT ESCROW AGENT, THE LIQUIDATED DAMAGES AMOUNT TO SATISFY CAPITAL'S OBLIGATION TO PAY LIQUIDATED DAMAGES. IF NHG IS ENTITLED TO COLLECT LIQUIDATED DAMAGES FROM CAPITAL AND ELECTS TO DO SO BY OBTAINING THE LIQUIDATED DAMAGES AMOUNT OUT OF THE ACTUAL DEPOSIT, NHG SHALL RETAIN ALL OR ANY PORTION OF THE ACTUAL DEPOSIT PREVIOUSLY DELIVERED TO NHG, AND THE DEPOSIT ESCROW AGENT SHALL DELIVER THE REMAINDER OF THE LIQUIDATED DAMAGES AMOUNT OUT OF THE BALANCE OF THE ACTUAL DEPOSIT THEN HELD BY THE DEPOSIT ESCROW AGENT IN ACCORDANCE WITH THE FOLLOWING PROCEDURE. NO LATER THAN TEN (10) DAYS AFTER THE CLOSING DEADLINE, NHG SHALL DELIVER TO THE DEPOSIT ESCROW AGENT AND CAPITAL NHG'S AFFIDAVIT STATING UNDER PENALTY OF PERJURY THAT THE CLOSING WILL FAIL OR HAS FAILED TO OCCUR BY REASON OF A LIQUIDATED DAMAGES EVENT, AND THAT NHG IS ENTITLED TO THE LIQUIDATED DAMAGES AMOUNT, AND THE DEPOSIT ESCROW AGENT SHALL AUTOMATICALLY, AFTER EXPIRATION OF FIVE (5) DAYS FROM THE DATE OF ITS RECEIPT OF NHG'S AFFIDAVIT, DISBURSE THE BALANCE OF THE LIQUIDATED DAMAGES AMOUNT THEN HELD BY THE DEPOSIT ESCROW AGENT OUT OF THE ACTUAL DEPOSIT TO NHG, UNLESS WITHIN SUCH FIVE (5) DAY PERIOD, CAPITAL DELIVERS TO THE DEPOSIT ESCROW AGENT AND NHG CAPITAL'S AFFIDAVIT STATING UNDER PENALTY OF PERJURY THAT THE CLOSING WILL NOT FAIL OR HAS NOT FAILED TO OCCUR BY REASON OF A LIQUIDATED DAMAGES EVENT, AND THAT NHG IS NOT ENTITLED TO THE LIQUIDATED DAMAGES AMOUNT. IF CAPITAL SO DELIVERS SUCH AFFIDAVIT W...
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Liquidated Damages Calculation. 15 (c) NHG'S RIGHTS....................................................15 (d) SECTION'S APPLICATION LIMITATION................................16 (e) PARTIES' INITIALS...............................................16
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Liquidated Damages Calculation. The amounts due under Exhibit 6.2 as the Liquidated Damages are for and in consideration of the damage that all parties acknowledge Parent and Administrator will suffer immediately upon the breach of Exhibit 6.2 and the relevant provisions of this Agreement, the actual amount of which are virtually impossible to determine. The Liquidated Damages are intended to compensate Parent and Administrator for the lost opportunity and for costs associated with this Agreement that they would not have incurred but for the Group Physician Stockholder’s, Full-time Physician Employee’s and the Group’s representations and covenants hereunder. The Liquidated Damages hereunder shall be cumulative and in addition to whatever other remedies Parent or Administrator may possess pursuant to this Agreement. Nothing herein, nor any recovery under Exhibit 6.2, shall preclude Parent or Administrator from (A) obtaining an injunction restraining any future violations of Exhibit 6.2 or this Agreement; or (B) receiving other damages or relief for future injuries that occur and can be determined subsequent to any such violation or breach of Exhibit 6.2 or the Agreement.
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Related to Liquidated Damages Calculation

  • Liquidated Damages for Delay In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of $500.00 per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this $500.00 per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the is $500.00 per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.

  • Delay Liquidated Damages Delay Liquidated Damages has the meaning set out in GC 7.6.1.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • CONTRACT TIME AND LIQUIDATED DAMAGES (7-1-95) (Rev. 12-18-07) 108 SP1 G10 A The date of availability for this contract is August 1, 2018. The completion date for this contract is December 10, 2019. Except where otherwise provided by the contract, observation periods required by the contract will not be a part of the work to be completed by the completion date and/or intermediate contract times stated in the contract. The acceptable completion of the observation periods that extend beyond the final completion date shall be a part of the work covered by the performance and payment bonds. The liquidated damages for this contract are Five Hundred Dollars ($ 500.00) per calendar day.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Obligation Absolute; Partial Liquidated Damages The Company’s obligations to issue and deliver the Conversion Shares upon conversion of this Debenture in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, any waiver or consent with respect to any provision hereof, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person, and irrespective of any other circumstance which might otherwise limit such obligation of the Company to the Holder in connection with the issuance of such Conversion Shares; provided, however, that such delivery shall not operate as a waiver by the Company of any such action the Company may have against the Holder. In the event the Holder of this Debenture shall elect to convert any or all of the outstanding principal amount hereof, the Company may not refuse conversion based on any claim that the Holder or anyone associated or affiliated with the Holder has been engaged in any violation of law, agreement or for any other reason, unless an injunction from a court, on notice to Holder, restraining and or enjoining conversion of all or part of this Debenture shall have been sought and obtained, and the Company posts a surety bond for the benefit of the Holder in the amount of 150% of the outstanding principal amount of this Debenture, which is subject to the injunction, which bond shall remain in effect until the completion of arbitration/litigation of the underlying dispute and the proceeds of which shall be payable to the Holder to the extent it obtains judgment. In the absence of such injunction, the Company shall issue Conversion Shares or, if applicable, cash, upon a properly noticed conversion. If the Company fails for any reason to deliver to the Holder such Conversion Shares pursuant to Section 4(c)(ii) by the Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of principal amount being converted, $10 per Trading Day (increasing to $20 per Trading Day on the fifth (5th) Trading Day after such liquidated damages begin to accrue) for each Trading Day after such Share Delivery Date until such Conversion Shares are delivered or Holder rescinds such conversion. Nothing herein shall limit a Hxxxxx’s right to pursue actual damages or declare an Event of Default pursuant to Section 8 hereof for the Company’s failure to deliver Conversion Shares within the period specified herein and the Holder shall have the right to pursue all remedies available to it hereunder, at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief. The exercise of any such rights shall not prohibit the Holder from seeking to enforce damages pursuant to any other Section hereof or under applicable law.

  • Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS.

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

  • Payment of Settlement Amount (1) Within thirty (30) days of the Date of Execution, the Settling Defendants shall pay the Settlement Amount to Siskinds LLP, for deposit into the Trust Account.

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