Loss of Revenue. In the event that re-construction of the Oxbow CC does not allow for the Oxbow CC to fully function as contemplated in paragraph 2, the Diversion Authority shall provide funds to reimburse Oxbow CC for the loss of revenue occasioned by it not being able to fully function during the construction phase of the project.
Loss of Revenue a) In the event that a separate Yellow Pages directory, functioning as a supplement to normal and usual Yellow Pages directory coverage, is totally withdrawn from publication by the Company, the resultant loss of revenue shall not constitute a debit in the computation of commission.
Loss of Revenue. We will not be liable to you for any direct or indirect loss or damage due to any failure, degradation or interruption of Service in its network or any other network or connection involved in the provision of the Services unless otherwise provided by law or as expressly stated in this Agreement. Neither INTIS TELECOM nor you will be liable to the other party in contract or otherwise for consequential, indirect or special damage, including but not limited to loss of revenue, business, contracts, anticipated savings, profits, data or goodwill.
Loss of Revenue. “Delay in Full Commercial Operation Date”: Cover: Against all loss of revenue following delay in start of commercial operations as a direct result of physical loss of or damage to the works during construction or operational testing to the extent that such loss or damage is not covered under the Contractors All Risks policy. Sum insured: An amount equal to the estimated continuing expenses, including debt service, during the indemnity period. Indemnity period: Not less than 12 months. Insured: Seller and its lenders. Deductible: Not more than 90 days. Period of Cover:Construction, testing and Commissioning periods of the Plant from mobilisation of Seller’s contractors until the day following the Full Commercial Operation Date.
Loss of Revenue. · 8.1.2 Trading profit or contract loss;
Loss of Revenue. 22.2 The above limitation of liability shall not apply to damages with respect to breach of Article 20 or to the parties' indemnification obligations under Article 21 or in the case of MANUFACTURER's gross negligence or willful misconduct.
Loss of Revenue. If Contractor meets an applicable KPI or availability requirements (as set forth in the Scope), but the Commission nevertheless incurs a loss of gross revenue as a result of the acts or inactions of Contractor or Contractor Parties, then for each event in which the Commission incurs a loss of revenue that exceeds $5,000.00, Contractor shall make payment to the Commission of the revenue associated with lost trips and lost or unrecognized tolls. In the event that the Commission is unable to determine such lost revenue because data is lost or otherwise unavailable, then the Parties agree that the determination of the lost revenue shall be based on historical figures (traffic) maintained by the Commission. The Commission, at its option, may either reduce the amount of the subsequent monthly maintenance fee or warranty fee, as applicable, by the amount of revenue due as set forth herein, or require Contractor to make payment of the lost revenue within thirty (30) Days of the Commission's notice to Contractor of the amount. Stale Transactions. Once the Project is open to tolling and thereafter during the remainder of the Term, if as a result of the acts or inactions of Contractor or Contractor Parties, Contractor fails to successfully transmit to the CSC a properly formed E-ZPass transaction and all of the information required by this Contract for each such E-ZPass transaction within sixty (60) Days after the date the trip occurred ("Stale Transactions"), then Contractor shall be responsible to make payment to the Commission for the amount of lost tolls represented by each Stale Transaction. Contractor shall make payment to the Commission of such loss of revenue from the Stale Transactions within thirty (30) Days of the Commission's notice to Contractor.
Loss of Revenue. 24.3 The above limitation of liability shall not apply to damages with respect to the indemnity for the infringement of intellectual property rights as provided in Article 23.
Loss of Revenue. Under no circumstances will SFS be liable for any loss of profits or revenue by DEALER for any actions, advertising, sales, promotion, organization, business practices or any other activity by SFS.
Loss of Revenue. Should the Borrowers lose any broker, distributor or customer which, for the most recent twelve month period (measured back from the end of the most recent calendar month) accounted for fifteen percent (15%) or more of the Borrowers' gross revenue for such period unless, within 45 days of receiving notice or obtaining knowledge of such termination, the Borrowers shall provide to the Administrative Agent projections (satisfactory to the Lenders) indicating that such lost revenues will not cause or result in a Default or Event of Default (it being understood that such projections shall include, among other items, a compliance certificate showing the anticipated effect of such loss on the Borrowers' revenues, and such projections contain assumptions satisfactory to the Lenders).
