Liquidated Damages upon Early Termination without Cause Sample Clauses

Liquidated Damages upon Early Termination without Cause. CONTRACTOR has agreed to enter into this Agreement in consideration for the right to operate the Facility for the “life of the Site” and the expected delivery of approximately 42 million tons of Accepted Waste at the Facility after the Effective Date according to CONTRACTOR’S estimates (and without any representation or warranty by either Party as to such tonnage capacity amount). By entering into this Agreement, CONTRACTOR has agreed to reduce its per ton charge for Accepted Waste under the Initial Operation Agreement by an average of $2.00 per ton for the life of the Existing Cell. With remaining tonnage capacity at the Existing Cell of approximately 7.6 million tons, CONTRACTOR therefore asserts that it is giving up the right to receive approximately $15.2 million in revenues that it would have received under the Initial Operation Agreement. The actual or agreed upon amount of such lost revenues pertaining to the Existing Cell and the Initial Operation Agreement shall be based on the actual number of tons of Accepted Waste received after the Effective Date in the Existing Cell by CONTRACTOR up to 8.5 million tons, multiplied by $2.00 per ton, and shall not in any event exceed $17,000,000 (the “Existing Cell Lost Revenues”). CONTRACTOR’S asserted right to the Existing Cell Lost Revenues upon termination by the CITY assumes that the CITY must continue to direct the flow of all Solid Waste to the Facility, which CITY asserts that it is not obligated to do under the Initial Operation Agreement after the payoff of the excess land costs (as described in Section 7.7. and in the Initial Operation Agreement), which will occur in approximately two years after the Effective Date, a position which is disputed by CONTRACTOR. CONTRACTOR has also agreed herein to assume all of the costs of Closure and Post Closure for the Existing Cell under applicable permits and laws, beginning on or after the Effective Date (“Existing Cell Closure Costs”) for which it was not responsible under the Initial Operation Agreement, and CONTRACTOR has also agreed to assume all of the costs of Closure and Post Closure of the Expanded Cell under applicable permits and laws (“Expanded Cell Closure Costs”). The specific amount of the Existing Cell Closure Costs and Expanded Cell Closure Costs are undetermined at this time. While the CITY disagrees with the CONTRACTOR’S asserted right to the Existing Cell Lost Revenues, in consideration for mutual promises herein, the Parties agree that in the...
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Related to Liquidated Damages upon Early Termination without Cause

  • Payment upon Termination In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. The City shall have no obligation to compensate Consultant for work not verified by logs or timesheets.

  • Vacation Pay Upon Termination When an employee in the bargaining unit is terminated for any reason, he/she shall be entitled to all vacation pay earned and accumulated up to and including the effective date of the termination.

  • Early Termination Fee After this contract goes into effect, if you terminate this contract for any reason, or switch your service to a different electricity generation supplier or default service supplier prior to the end of the contract term, you will be responsible for paying XOOM Energy an early termination fee in the amount of $500. This Early Termination Fee is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electric power to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses.

  • Early Termination In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees:

  • Early Termination Date The date upon which an Early Termination becomes effective as specified in Section 5.2 of this Agreement. Effective Date - The date specified above as the effective date. Electric Distribution Company or “EDC” – A public utility providing facilities for the transmission and distribution of electricity to retail customers in Pennsylvania. Electric Generation Supplier or “EGS” – A person or entity that is duly certified by the Commission to offer and provide competitive electric supply to retail customers located in the Commonwealth of Pennsylvania.

  • Refund or Payment upon Termination If this Agreement is terminated by You in accordance with Section 12.3 (Termination), We will refund You any prepaid fees covering the remainder of the term of all Order Forms after the effective date of termination. If this Agreement is terminated by Us in accordance with Section 12.3, You will pay any unpaid fees covering the remainder of the term of all Order Forms. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.

  • Early Termination Fees The amount of an Early Termination Fee that we are entitled to charge is:

  • EARLY TERMINATIONS The Student may be released from this agreement for:

  • Payments Upon Termination 4.1 The Customer shall pay the Company liquidated damages (total monthly fee as specified in the Sales and Services Agreement x remaining months in the Term) upon the occurrence of any of the following events before the expiry of the Term:

  • Payment on Early Termination Upon termination pursuant to Section 14 (Early Termination), District shall pay Contractor as follows:

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