Termination for Direct Cost Overruns Sample Clauses

Termination for Direct Cost Overruns. If the Direct Costs in any Operating Year are more than 10% higher than the Direct Cost Budget, except if the level of such cost overruns is greater than might reasonably be caused by increased levels of patronage of the Premises, results from causes beyond OPERATOR’s reasonable control or if OPERATOR has given CITY written notice of the event(s) causing such cost overruns, CITY may terminate this Agreement in accordance with Section 10, subject to OPERATOR’s right to cure such cost overrun by depositing OPERATOR’s own funds in the Direct Cost Bank Account. CITY shall act reasonably in exercising its rights under this Section.
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Termination for Direct Cost Overruns. If the Direct Costs overruns in any Operating Year are more than 10% of the Direct Cost Budget and the Direct Costs overruns have not been approved by the City Council, CITY may terminate this Agreement pursuant to the provisions of Article 12 of this Agreement, subject to OPERATOR’S right to cure such cost overrun by depositing OPERATOR’S own funds in City’s designated Golf Course Operating Account. CITY shall act reasonably in exercising its rights under this Section and shall take into account the extent to which (a) such cost overruns result from causes beyond OPERATOR'S reasonable control, (b) OPERATOR has given CITY written notice of the event(s) causing such cost overruns, and (c) whether such cost overruns are the result of a Force Majeure event.

Related to Termination for Direct Cost Overruns

  • Cost Overruns The Borrower shall ensure that all cost-overruns over the estimated construction costs of the Project as certified by a quantity surveyor or the Architect or as ascertained by the Lender as and when they occur shall be funded by the Borrower’s own equity;

  • Project Cost Overruns In the event that the Recipient determines that the moneys granted pursuant to Section II hereof, together with the Local Subdivision Contribution, are insufficient to pay in full the costs of the Project, the Recipient may make a request for supplemental assistance to its District Committee. The Recipient must demonstrate that such funding is necessary for the completion of the Project and the cost overrun was the result of circumstances beyond the Recipient's control, that it could not have been avoided with the exercise of due care, and that such circumstances could not have been anticipated at the time of the Recipient's initial application. Should the District Committee approve such request the action shall be recorded in the District Committee's official meeting minutes and provided to the OPWC Director for the execution of an amendment to this Agreement.

  • Direct Costs Insert the major cost elements. For each element, consider the application of the paragraph entitled “Costs Requiring Prior Approval” on page 1 of these instructions.

  • How Do I Correct an Excess Contribution? If you make a contribution in excess of your allowable maximum, you may correct the excess contribution and avoid the 6% penalty tax for that year by withdrawing the excess contribution and its earnings on or before the date, including extensions, for filing your tax return for the tax year for which the contribution was made (generally October 15th). Any earnings on the withdrawn excess contribution may also be subject to the 10% early distribution penalty tax if you are under age 59½. In addition, although you will still owe penalty taxes for one or more years, excess contributions may be withdrawn after the time for filing your tax return. Excess contributions for one year may be carried forward and applied against the contribution limitation in succeeding years. An individual who is partially or entirely ineligible to make contributions to a Xxxx XXX may transfer amounts of up to the yearly contribution limits to a non-deductible Traditional IRA (subject to reduction for amounts remaining in the Xxxx XXX plus other Traditional IRA contributions).

  • Other Direct Costs If necessary to complete the Services, Contractor also agrees to procure and provide all materials or other direct cost items necessary to complete the Services and to charge Mercy Corps for only the actual costs incurred by Contractor for other direct costs incurred in performing the Services. Contractor will use its best efforts to obtain the best possible prices for all other direct costs, including, when reasonable, obtaining multiple competing bids and selecting the item with the best value. Any materials that cost in excess of [amount and currency -contact your Head of Finance for donor-related thresholds] must be presented to Mercy Corps for its written approval prior to Contractor purchasing the item(s). Contractor must obtain receipts for all costs it charges to Mercy Corps hereunder that are above $25 USD and include them in invoice submissions. Mercy Corps may request additional documentation regarding prices paid, quality, and contractual arrangements at any point and may withhold or dispute payment for any costs until such documentation is provided. Likewise, if Contractor makes purchases at rates that Mercy Corps reasonably determines exceed local market rates for the materials, Mercy Corps may choose to only reimburse Contractor for verified market rates in the local market.

  • Developer Compensation for Emergency Services If, during an Emergency State, the Developer provides services at the request or direction of the NYISO or Connecting Transmission Owner, the Developer will be compensated for such services in accordance with the NYISO Services Tariff.

  • Interconnection Customer Compensation for Actions During Emergency Condition The CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff for its provision of real and reactive power and other Emergency Condition services that the Interconnection Customer provides to support the CAISO Controlled Grid during an Emergency Condition in accordance with Article 11.6.

  • Cost Savings Developer shall work cooperatively with Architect, Construction Manager, subcontractors and District, in good faith, to identify appropriate opportunities to reduce the Project costs and promote cost savings. Any identified cost savings from the Guaranteed Maximum Price shall be identified by Developer, and approved in writing by the District. In the event Developer realizes a savings on any aspect of the Project, such savings shall be added to the Contingency and expended consistent with the Contingency. In addition, any portion of Allowance remaining after completion of the Project shall be added to the Contingency. If any cost savings require revisions to the Construction Documents, Developer shall work with the District and Architect with respect to revising the Construction Documents and, if necessary, obtaining the approval of DSA with respect to those revisions. Developer shall be entitled to an adjustment of Contract Time for delay in completion caused by any cost savings adopted by District pursuant to Exhibit D, if requested in writing before the approval of the cost savings.

  • Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Grantee share of administrative costs and shall submit such plan to the Grantee for approval.

  • Default – Reprocurement Costs In case of Contract breach by Contractor, resulting in termination by the County, the County may procure the goods and/or services from other sources. If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law.

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