Contractor Breakage Costs definition

Contractor Breakage Costs means: (a) loss of profits limited to an amount equivalent to the Contractor's projected loss of profits for the period from the Termination Date to the earlier of the Expiry Date and the date falling twelve (12) Months after the Termination Notice, as calculated by reference to the Cost Model (and where the termination is of part of this Contract, such profits shall relate only to the element of the Contract that is terminated), but does not include loss of profits relating to sub-contracts with Affiliates of the Contractor; (b) costs that have been or will be reasonably and properly incurred by the Contractor as a direct result of the termination of this Contract, but only to the extent that: (i) the costs are incurred in connection with the Contract, in respect of the provision of the Services and fall within the following categories of costs: (aa) any costs payable for early termination of Sub-Contracts with Sub-Contractors entered into by the Contractor prior to receipt of the Termination Notice (excluding any profit element within such breakage costs); (bb) any unrecovered amortised mobilisation costs; and (cc) statutory redundancy payments (excluding for the avoidance of doubt but without limitation, any sums for notice, accrued holiday, unfair dismissal, damages, pension, interest or costs) payable to Contractor's Staff engaged wholly or mainly in the provision of the Services and arising from their dismissal by reason of redundancy; (ii) the costs are incurred under arrangements and/or agreements that are consistent with terms that have been entered into in the ordinary course of business and on reasonable commercial terms; (iii) the costs are unavoidable, proven, reasonable, and not capable of recovery; (iv) the costs would not have been incurred had this Contract continued until the Expiry Date; and (v) the Contractor has used its reasonable endeavours to mitigate the costs incurred including, in the context of paragraph (cc), using reasonable endeavours to effect any dismissal on grounds of redundancy fairly which shall include using reasonable endeavours to find alternative employment for the relevant Contractor's Staff;
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Contractor Breakage Costs means: (a) loss of profits limited to an amount equivalent to the Contractor’s projected loss of profits for the period from the Termination Date to the earlier of the Expiry Date and the date falling 12 Months after the Termination Date; (b) Direct Losses that have been or will be reasonably and properly incurred by the Contractor as a direct result of the termination of this Contract, but only to the extent that:
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Contractor Breakage Costs means Losses that have been or will be reasonably and properly incurred by the Contractor as a direct result of the termination of this Contract, but only to the extent that: (a) the Losses are incurred in connection with the Contract and in respect of the provision of the Service, including: (i) any materials or goods ordered or sub-contracts placed that cannot be cancelled without such Direct Losses being incurred; (ii) any expenditure incurred in anticipation of the provision of Services in the future, including any unrecovered amortised mobilisation costs; (iii) the cost of demobilisation including the cost of any relocation of equipment used in connection with the Contract but for the avoidance of doubt excluding vehicles; and (iv) statutory redundancy payments; (b) the Losses are incurred under arrangements and/or agreements that are consistent with terms that have been entered into in the ordinary course of business and on reasonable commercial terms; (c) loss of profits are limited to an amount equivalent to the Contractor’s projected loss of profits for the period from the Termination Date to the earlier of the Expiry Date and the date falling 12 Months after the Termination Date; and (d) the Contractor has used its reasonable endeavours to mitigate the Losses;
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Examples of Contractor Breakage Costs in a sentence

  • The Force Majeure Termination Sum shall be an amount equivalent to fifty per cent (50%) of the applicable Contractor Breakage Costs provided that for the purposes of the Force Majeure Termination Sum, no loss of profits shall be compensated.

  • On termination of this Contract under clause 32.1 (Termination on Authority Default), the Authority shall pay the Contractor the applicable Contractor Breakage Costs in accordance with clauses 38 (Gross Up of Termination Payments) and 39 (Method of Payment).

  • On termination under clause 34.1 (Voluntary Termination by the Authority), the Authority shall pay the Contractor the applicable Contractor Breakage Costs in accordance with clauses 38 (Gross Up of Termination Payments) and 39 (Method of Payment).

  • Contractor Breakage Costs (but excluding therefrom any claims for loss of profit).

  • The Force Majeure Termination Sum shall be an amount equivalent to the Contractor Breakage Costs provided that for the purposes of a Force Majeure Termination Sum, no loss of profits shall be compensated.

  • Total: The Contractor Breakage Costs and Transition Costs have not yet been finalized.

  • Compensation on Termination for Authority Default On termination of this Contract under clause 33.1 (Termination on Authority Default), the Authority shall pay to the Contractor the Contractor Breakage Costs in accordance with clause 39 (Method of Payment) on the Termination Date.

  • The Force Majeure Termination Sum shall be an amount equivalent to the Contractor Breakage Costs provided that for the purposes of the Force Majeure Termination Sum, no loss of profits shall be compensated.

  • The Authority Default Termination Sum shall be the total of the Contractor Breakage Costs.

Related to Contractor Breakage Costs

  • Breakage Costs shall have the meaning set forth in Section 2.2.3(h) hereof.

  • Start-Up Costs means all fees, costs, and expenses incurred in connection with establishing the State Mitigation Trust and the Indian Tribe Mitigation Trust and setting them up for operation. Start-up costs shall not include the cost of premiums for insurance policies.

  • Hedge Breakage Costs For any Hedge Transaction, any amount payable by the Seller for the early termination of that Hedge Transaction or any portion thereof.

  • Cleanup costs means expenses (including but not limited to legal and professional fees) incurred in testing for, monitoring, cleaning up, removing, containing, treating, neutralizing, detoxifying or assessing the effects of Pollutants.

  • Contract Charges means charges that accrue during a given month as defined in Article III. “Contract Term” is defined in Article IV.

  • Contract Fee means the lump sum rates as outlined in Schedule ‘B’ – Quote Form.

  • Cost-reimbursement contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this code, and paid a fee, if any.

  • Breakage Fee means, for Advances which are repaid (in whole or in part) on any date other than a Payment Date, the breakage costs, if any, related to such repayment, based upon the assumption that the Lender funded its loan commitment in the London Interbank Eurodollar market and using any reasonable attribution or averaging methods which the Lender deems appropriate and practical, it hereby being understood that the amount of any loss, costs or expense payable by the Borrower to any Lender as Breakage Fee shall be determined in the respective Lender Agent’s reasonable discretion and shall be conclusive absent manifest error.

  • Cost of idle facilities or idle capacity means costs such as maintenance, repair, housing, rent, and other related costs, e.g., insurance, interest, property taxes and depreciation or use allowances.

  • Total Service Charges means all charges, after application of all discounts and credits, for Services excluding Taxes, Governmental Charges, equipment, Company ILEC, Company Wireless, Document Delivery Fax, non-recurring, goods and services acquired by Company as Customer’s agent, international pass-through access (Type 3/PTT) and charges for international access or provided by Company (Type 1), charges for security services provided by Cybertrust, Inc. or its affiliates set forth in the Guide as providers of Cybertrust security services and other charges expressly excluded by this Agreement.

  • Base Monthly Rent means the fixed monthly rent payable by Tenant pursuant to Section 3.1 which is specified in Section K of the Summary.

  • Bond Service Charges means, for any period or payable at any time, the principal of, premium, if any, and interest on the Bonds for that period or payable at that time whether due at maturity or upon redemption, Mandatory Tender or acceleration.

  • Service Charges means the fees levied by the municipality in terms of its tariff policy for any municipal services rendered in respect of an immovable property and includes any penalties, interest or surcharges levied or imposed in terms of this policy.

  • Maintenance Costs means parts and materials, sublet and labour costs of a qualified licensed mechanic for the maintenance of the Revenue Service Vehicles, but shall not include costs associated with interior and exterior transit advertising signs and non-mechanical servicing of Revenue Service Vehicles such as fuelling, clearing fareboxes, cleaning and painting wheel rims, vehicle washing and other work performed by a serviceman; and,

  • Additional Rent means any and all amounts, other than Basic Rent, required to be paid by the Tenant under this Lease, whether or not same are designated “Additional Rent” or whether or not the same are payable by Landlord;

  • Monthly Base Rent The monthly rent specified in Section 1.01(8).

  • Sublease Payment means any payment required to be made by the District pursuant to Article 7 of this Sublease.

  • Monthly Charges means a finance carrying charge of one and one-half of one percent (1.5%) and a storage and handling charge of one-half of one percent (0.5%), in each case of the Cost of the Inventory and/or Special Inventory and/or of the fees for the Product affected by the reschedule or cancellation (as applicable) per month until such Inventory and/or Special Inventory and/or Product is returned to the vendor, used to manufacture Product or is otherwise purchased by Customer.

  • Access Charges means the sum payable under the Access Agreement and/or this RAO agreed by the Operators to be paid by the Access Seeker to the Access Provider for providing the Access Service, the indicative Access Charges are as per Appendix C hereof which rate is exclusive of GST which shall be payable also by the Access Seeker.

  • Monthly Service Fees means the monthly (or 1/12 of the annual fee) subscription fees paid for the affected Cloud Service which did not meet the SA SLA.

  • Training costs means reasonable costs incurred to upgrade the technological skills of Full-Time Employees in Illinois and includes: curriculum development; training materials (including scrap product cost); trainee domestic travel expenses; instructor costs (including wages, fringe benefits, tuition and domestic travel expenses); rent, purchase or lease of training equipment; and other usual and customary training cots. “Training costs” do not include, except where the Company receives prior written approval of the Department, costs associated with travel outside the United States, wages and fringe benefits of employees during periods of training, administrative costs related to Full-Time Employees of the Taxpayer, or amounts paid to an affiliate of the Company.

  • Routine Patient Costs means all health care services that are otherwise covered under the Group Contract for the treatment of cancer or other Life-threatening Condition that is typically covered for a patient who is not enrolled in an Approved Clinical Trial.

  • Installation Charges means those Charges set out in the Order in relation to installation of the Service and/or any Purchased Equipment, Customer Equipment and/or BT Equipment as applicable.

  • Additional Rents means amounts payable under any Lease for (i) the payment of additional rent based upon a percentage of the Tenant’s business during a specified annual or other period (sometimes referred to as “percentage rent”), (ii) so-called common area maintenance or “CAM” charges, and (iii) so called “escalation rent” or additional rent based upon such tenant’s allocable share of insurance, real estate taxes or operating expenses or labor costs or cost of living or xxxxxx’x wages or otherwise.

  • Monthly Rent means the monthly installment of Minimum Annual Rent plus the monthly installment of estimated Annual Operating Expenses payable by Tenant under this Lease.

  • Unpaid Charges means any charges billed to the Non-Paying Party that the Non-Paying Party did not render full payment to the Billing Party by the Bill Due Date, including where funds were not accessible.