Shortfall Liquidated Damages; Damages Cap; Shortfall Termination Sample Clauses

Shortfall Liquidated Damages; Damages Cap; Shortfall Termination. If at the end of the Shortfall Make Up Period there remains any Shortfall Energy that has not been cured with Facility Energy in accordance with Section 9.1, Seller shall pay Buyer, as liquidated damages, an amount for each MWh of still undelivered Shortfall Energy equal to the positive difference, if any, between (A) the average Market Price Index per MWh over the Shortfall Period (from which the shortfall originally accrued) plus the Green Value per MWh minus (B) the difference between the Contract Price and the Base Storage Adder (collectively, the “Shortfall Liquidated Damages”); provided, Seller shall not be obligated to pay Shortfall Liquidated Damages in the aggregate for any Output Period in excess of an amount equal to ten thousand dollars ($10,000) per MW of the Installed Capacity (“Output Period Shortfall Liquidated Damages Cap”). If Seller’s payment of Shortfall Liquidated Damages would cause its aggregate payments for the Output Period to exceed the Output Period Shortfall Liquidated Damages Cap, Seller shall have the option to pay such damages in excess of the Output Period Shortfall Liquidated Damages Cap. If Seller chooses to not pay Shortfall Liquidated Damages above the Output Period Shortfall Liquidated Damages Cap, Buyer shall have the right to (i) terminate this Agreement (a “Shortfall Termination”), and (ii) calculate a Termination Payment, both pursuant to Section 13.3 of this Agreement; provided that if the Buyer does not choose to terminate the Agreement within thirty (30) days after Seller’s notice that it will not pay Shortfall Liquidated Damages above the Output Period Shortfall Liquidated Damages Cap, the Agreement shall remain effective and Seller’s obligation to deliver the Guaranteed Generation in future Output Periods (and the rights and obligations described in this Section 9.2(a)) shall continue. In no event shall Buyer be required to pay Shortfall Liquidated Damages.
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Shortfall Liquidated Damages; Damages Cap; Shortfall Termination. If at the end of the Shortfall Make Up Period there remains any Shortfall Energy that has not been cured with Facility Energy in accordance with Section 9.1, Seller shall pay Buyer, as liquidated damages, an amount for each MWh of still undelivered Shortfall Energy equal to the positive difference, if any, between (A) the sum of the time weighted average of the (i) Market Price Index for such Energy and (ii) Green Value associated therewith, minus (B) the applicable Contract Price (collectively, the “Shortfall Liquidated Damages”); provided, Seller shall not be obligated to pay Shortfall Liquidated Damages in the aggregate for any Output Period in excess of an amount equal to ten thousand dollars ($10,000) per MW(ac) of the Installed Capacity (“

Related to Shortfall Liquidated Damages; Damages Cap; Shortfall Termination

  • 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 - MWBE Participation A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages.

  • 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.

  • 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.

  • 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.

  • Deduction of Damages from Contract Price Upon prior written notice being issued to the Contractor, CMHA may deduct all or any part of the damages resulting from Contractor’s default from any part of the price still due on this Agreement.

  • – PREMIUM & OTHER PAYMENT 16.01 Overtime shall be paid for all paid hours over seven and one-half (7½) hours on a shift or seventy-five (75) hours bi-weekly at the rate of one and one-half (1½) times the employee's regular straight time hourly rate of pay. Overtime is subject to authorization by the Director of Nursing or designate. Authorization shall not be unreasonably withheld. In the event of an emergency, authorization may not be required.

  • Compensation for Damages and Losses Investors of either Contracting Party whose investments suffer losses in the territory of the other Contracting Party owing to war or other armed conflict, revolution, a state of national emergency or revolt, shall be accorded treatment by such other Contracting Party not less favourable than that which the latter Contracting Party accords to its own investors or to investors of any third State as regards restitution, indemnification, compensation or other valuable consideration.

  • 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.

  • Reimbursement Amount Except for the metropolitan areas listed below, the maximum reimbursement for meals including tax and gratuity, shall be: Breakfast $ 9.00 Lunch $11.00 Dinner $16.00 For the following metropolitan areas the maximum reimbursement shall be: Breakfast $11.00 Lunch $13.00 Dinner $20.00 The metropolitan areas are: Atlanta Boston Cleveland Denver Hartford Kansas City Miami New York City Portland, OR San Francisco St. Louis Baltimore Chicago Dallas/Fort Worth Detroit Houston Los Angeles New Orleans Philadelphia San Diego Seattle Washington D.C. See Appendix L for details related to the boundaries of the above-mentioned metropolitan areas. The metropolitan areas also include any location outside the forty-eight (48) contiguous United States. Employees who meet the eligibility requirements for two (2) or more consecutive meals shall be reimbursed for the actual costs of the meals up to the combined maximum reimbursement amount for the eligible meals.

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