Alternative Damages definition

Alternative Damages means such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer.
Sample 1Sample 2Sample 3
Alternative Damages means such damages, expressed in dollars or dollars per MMBtu, as the parties agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer.
Sample 1Sample 2Sample 3
Alternative Damages means such damages, expressed in United States dollars or United States dollars per MMBtu, or Canadian dollars or Canadian dollars per GJ, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer.
Sample 1Sample 2

Examples of Alternative Damages in a sentence

  • Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties.

  • The Alternative Damages Report presented by the User and other documents presented by the User to the Company shall be evaluated together with other information collected and prepared by the Company and the loss adjustment expert involved by it and other service providers.

  • The User may raise his reasoned objections to the damage assessment performed by the Company or the loss adjustment expert involved by it within a period of 7 (seven) days, presenting a damage assessment and valuation report prepared by an independent certified (licensed) assessor involved by the User, which is in line with legal requirements applicable to such assessment and documents (hereinafter referred to as the Alternative Damages Report).

  • The User shall cover all costs related to the Alternative Damages Report and the work of an independent damage assessor hired by the User or third parties.

  • The Base Contract also allows the parties to choose an Alternative Damages calculation.

  • Where Alternative Damages or this clause is expressed to apply to a Transaction, the sole and exclusive remedy of the parties in the event of a breach of an obligation to deliver or receive Gas for the Transaction shall be payments provided for as Alternative Damages in the Confirmation.

  • See Tara Deschamps, Cineplex Seeking Alternative Damages, If Appeal Court Rules in Cineworld’s Favour, CP24 (Jan.

  • Notwithstanding clause (b)(ii) of this Gas Annex, the parties may agree to Alternative Damages in a Confirmation executed in writing by both parties.

  • Potential Alternative Damages Approaches ● Compliance Program Safe Harbor: To protect well-meaning contractors from steep liability associated with bad actors, a safe harbor should be established for those with pre-cleared compliance programs.

  • Named as defendants in the Petition in Intervention and for Injunctive Relief, or in the Alternative Damages (―Intervention‖) are Perez, Cutrer, Ceres Caribe, Inc.


More Definitions of Alternative Damages

Alternative Damages means that clause 10.5 applies in the event of a breach of an obligation to deliver or receive Gas under this Agreement.
Sample 1Sample 2Sample 3
Alternative Damages means such damages, if applicable, expressed in dollars or centsdollars per kwhMMBtu, as the parties may agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver ElectricityGas in the case of Seller or to receive ElectricityGas in the case of Buyer.
Sample 1Sample 2

Related to Alternative Damages

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).