Payment of Liquidated Damages for Failure to Achieve Performance Metrics; Limitation on Liquidated Damages Sample Clauses

Payment of Liquidated Damages for Failure to Achieve Performance Metrics; Limitation on Liquidated Damages. (a) Payment of Liquidated Damages. With respect to the liquidated damages payable under Section 4.3(a) (Capacity Test and Liquidated Damages), Section 4.4(a) (Annual Equivalent Availability Factor and Liquidated Damages), Section 4.5(a) (Annual Equivalent Forced Outage Factor and Liquidated Damages) Section 4.6(a) (RTE Test and Liquidated Damages) and Section 4.7(a) (Fast Frequency Response Criteria and Liquidated Damages) [SUBJECT TO REMOVAL PER SECTION 4.7 DRAFTING NOTE] (collectively, the “Performance Metrics LDs”), Company shall have the right, at any time on or after the LD Assessment Date for the liquidated damages in question, at Company’s option, to set-off such liquidated damages from the amounts to be paid to Seller under Section 4.1 (Lump Sum Payment) of this Agreement or, to draw such liquidated damages from the Operating Period Security, as follows:
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Payment of Liquidated Damages for Failure to Achieve Performance Metrics; Limitation on Liquidated Damages. Payment of Performance Metrics LDs by Seller. With respect to the liquidated damages payable under Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages), Section 2.6(c) (GPR Performance Metric and Liquidated Damages), Section 2.7(a) (XXXX Capacity Test and Liquidated Damages), Section 2.8(a) (XXXX Annual Equivalent Availability Factor and Liquidated Damages), Section 2.9 (XXXX Annual Equivalent Forced Outage Factor; Liquidated Damages) and Section 2.10 (XXXX Round Trip Efficiency Test; Liquidated Damages; Termination Rights) and Section 2.11 (Fast Frequency Response Performance Metric) [SUBJECT TO REMOVAL PER SECTION 2.11 DRAFTING NOTE] (collectively, the "Performance Metrics LDs"), Company shall have the right, at any time on or after the LD Assessment Date for the liquidated damages in question, at Company's option, to set-off such liquidated damages from the amounts to be paid as Seller's Total LSP Share or, to draw such liquidated damages from the Operating Period Security, as follows: if the XXXX fails to achieve the XXXX Capacity Performance Metric for a XXXX Measurement Period, the Company shall have the right to set-off or draw the amount owed for such failure as calculated as provided in Section 2.7(a) (XXXX Capacity Test and Liquidated Damages); and if the Monthly Report for the calendar month, MPR Assessment Period, or XXXX Measurement Period in question, as applicable, shows a failure to achieve one or more of the Performance Metrics required for the LD Period in question, the MPR Measurement Period in question, or the XXXX Measurement Period in question, as applicable, and Company does not submit a Notice of Disagreement with respect to such Monthly Report, the Company shall have the right to set-off or draw the amount of liquidated damages owed for such failure as calculated as provided in Section 2.5(b) (PV System Equivalent Availability Factor Performance Metric and Liquidated Damages), Section 2.6(c) (GPR Performance Metric and Liquidated Damages), Section 2.8(a) (XXXX Annual Equivalent Availability Factor and Liquidated Damages), Section 2.9 (XXXX Annual Equivalent Forced Outage Factor; Liquidated Damages), Section 2.10 (XXXX Round Trip Efficiency Test; Liquidated Damages; Termination Rights) and Section 2.11 (Fast Frequency Response Performance Metric) [SUBJECT TO REMOVAL PER SECTION 2.11 DRAFTING NOTE], as applicable; in all cases in which Company submits a Notice of Disagreement for a given...
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Related to Payment of Liquidated Damages for Failure to Achieve Performance Metrics; Limitation on Liquidated Damages

  • 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 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.

  • 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.

  • Compensation for Damages or Losses When investments by investors of either Contracting Party suffer damages or losses owing to war, armed conflict, a state of national emergency, revolt, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party a treatment, as regards compensation or other settlement, not less favourable than that accorded to its own investors or to investors of any Third State.

  • 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.

  • 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.

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx.

  • Reallocation to a Class with an Equal Salary Range Maximum 1. If the employee meets the skills and abilities requirements of the position, the employee remains in the position and retains existing appointment status.

  • Reallocation to a Class with a Lower Salary Range Maximum 1. If the employee meets the skills and abilities requirements of the position and chooses to remain in the reallocated position, the employee retains existing appointment status and has the right to be placed on the Employer’s internal layoff list for the classification occupied prior to the reallocation.

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