Damage Cap definition

Damage Cap shall have the meaning set forth in Section 10.4.
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Damage Cap shall have the meaning set forth in Section 12.4. “Day” means a calendar day.
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Damage Cap has the meaning set forth in Section 7.3(c)(ii).
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Examples of Damage Cap in a sentence

  • In connection with any such termination, Company may collect from Seller (subject to the Damage Cap) all Actual Damages arising from such Event of Default through the Scheduled Termination Date.

  • If at any time following COD, Company incurs damages in excess of the Damage Cap that Seller does not pay when billed by Company, Company shall have the right to terminate this PPA upon notice to Seller, without further obligation by either Party except as to costs and balances incurred prior to the effective date of such termination.

  • Damages under this Section will be subject to the limitation of liability in this Agreement but not the Damage Cap.

  • The aggregate Liquidated Damages payable for shortfall in the APC from the Guaranteed APC shall be subject the Per Parameter Liquidated Damage Cap.

  • Damages under this Section will be subject to the limitation of liability in these Terms and Conditions but not the Damage Cap.

  • Glasby, 230 Va. 422, 337 S.E.2d 291 (1985).B) Punitive Damage Cap.

  • As used herein, the following terms shall have the meanings defined in the recitals or sections indicated below: Access Indemnified Parties Section 3.01(b) Agreement Preamble Business Representations Introductory paragraph to Article VIII Business Representations Damage Cap Section 12.05 Closing Section 11.01 Closing Date Section 3.03 Closing Statement Section 11.02(a)(v) Company Recital B Conn.

  • Application ofthe 40% Damage Cap results in a damage claim of not less than approximately $3.7 billion as contrasted with a damage claim of not less than approximately $1.86 billion if the 20% Damage Cap were to apply.

  • No.APC SlabMonthly Liquidated Damages Rate per .001 increase in APC (as a % of the Monthly O&M Fee)Cumulative Liquidated Damages Rate (as a % of the Monthly O&M Fee) FromTo 1..075.0770.15%0.30%2..077.100.20%4.90% The aggregate Liquidated Damages payable for shortfall in the APC from the Guaranteed APC shall be subject the Per Parameter Liquidated Damage Cap.

  • Seller shall replenish the Security Fund to the applicable levels set forth in Section 11.1(B) within fifteen (15) Business Days after Company makes a draw on the Security Fund; provided, following COD such replenishment shall not exceed the amount remaining under the Damage Cap (as provided in Section 12.4(A)).


More Definitions of Damage Cap

Damage Cap means the amount calculated by reference to Section 6.02(1)(c) of the Purchase Agreement.
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Damage Cap. As defined in Section 17.5.2 hereof. "Declaration" - means that certain Amended Declaration of Condominium for The Xxxx/Lodge dated as of July 25, 1978, together with all amendments thereto, as further described on Exhibit B attached hereto.
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Damage Cap. As defined in Section 17.5.2 hereof. “Declaration” - means that certain Amended Declaration of Condominium for The Mxxx/Lodge dated as of July 25, 1978, together with all amendments thereto, as further described on Exhibit B attached hereto.
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Related to Damage Cap

  • Deductible Amount means, with respect to any Insuring Agreement, the amount set forth under the heading “Deductible Amount” in Item 3 of the Declarations or in any Rider for such Insuring Agreement, applicable to each Single Loss covered by such Insuring Agreement.

  • Damage to Property means physical injury to or destruction of tangible property, including the loss of its use. Tangible property includes the cost of recreating or replacing stocks, bonds, deeds, mortgages, bank deposits and similar instruments, but does not include the value represented by such instruments.

  • Damage waiver means a rental company’s agreement not

  • Damage Payment means the dollar amount equal to the amount to be posted as Project Development Security pursuant to Section 8.4(a)(i) hereof.

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Electrical Losses means all electrical losses associated with the transmission of Product to the Delivery Point, including if applicable, but not limited to, any transmission or transformation losses between the CAISO revenue meter and the Delivery Point.

  • Excess Fraud Loss Any Fraud Loss, or portion thereof, which exceeds the then applicable Fraud Loss Amount.

  • Purchaser Losses shall have the meaning set forth in Section 9.1(a).

  • Aggregate Cap has the meaning set forth in Section 20.1A.

  • Casualty Amount means Five hundred thousand Dollars ($500,000) (or the equivalent in any other currency);

  • Cumulative Loss Percentage With respect to any Distribution Date, the percentage equivalent of a fraction, the numerator of which is the aggregate amount of Realized Losses incurred from the Cut-off Date to the last day of the calendar month preceding the month in which such Distribution Date occurs and the denominator of which is the Cut-off Date Pool Principal Balance of the Mortgage Loans.

  • Loss Percentage means on any day the greater of (i) two (2) times the Loss Horizon as of such day and (ii) 20%.

  • Work loss means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income,

  • Fraud Loss Coverage Amount As of the Closing Date, $2,500,000, subject to reduction from time to time, by the amount of Fraud Losses allocated to the Certificates. In addition, on each anniversary of the Cut-off Date, the Fraud Loss Coverage Amount will be reduced as follows: (a) on the first, second, third and fourth anniversaries of the Cut-off Date, to an amount equal to the lesser of (i) 1.00% of the then current Stated Principal Balance of the Mortgage Loans in the case of the first and second anniversaries and 0.50% of the then-current Stated Principal Balance of the Mortgage Loans in the case of the third and fourth such anniversaries and (ii) the excess of the Fraud Loss Coverage Amount as of the preceding anniversary of the Cut-off Date over the cumulative amount of Fraud Losses allocated to the Certificates since such preceding anniversary; and (b) on the fifth anniversary of the Cut-off Date, to zero.

  • Fraud Losses Realized Losses on Mortgage Loans as to which a loss is sustained by reason of a default arising from fraud, dishonesty or misrepresentation in connection with the related Mortgage Loan, including a loss by reason of the denial of coverage under any related Primary Insurance Policy because of such fraud, dishonesty or misrepresentation.

  • Class B Loss Percentage With respect to any Determination Date and any Class of Class B Certificates then outstanding, the percentage calculated by dividing the Principal Balance of such Class by the Class B Principal Balance (determined without regard to any Principal Balance of any Class of Class B Certificates not then outstanding), in each case determined as of the preceding Determination Date.

  • Aggregate Net Losses means, with respect to a Collection Period, an amount equal to the aggregate Principal Balance of all Receivables that became Defaulted Receivables during such Collection Period minus all Net Liquidation Proceeds collected during such Collection Period with respect to all Defaulted Receivables.

  • Accidental Damage means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g., dropping the Covered Equipment or through liquid contact) or due to an external event (e.g., extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.

  • Buyer Losses has the meaning set forth in Section 10.1(a).

  • Indemnity Threshold has the meaning set forth in Section 9.3.

  • Seller Losses shall have the meaning set forth in Section 9.1(b).

  • Purchaser Indemnitees has the meaning set forth in Section 7.2.

  • Initial Bankruptcy Loss Coverage Amount $226,715.

  • Cumulative Loss Amount means the sum of the Monthly Loss Amounts less the sum of all Recovery Amounts.

  • Special Hazard Loss Coverage Amount With respect to the first Distribution Date, $10,348,874. With respect to any Distribution Date after the first Distribution Date, the lesser of (a) the greatest of (i) 1% of the aggregate of the principal balances of the Mortgage Loans, (ii) twice the principal balance of the largest Mortgage Loan and (iii) the aggregate of the principal balances of all Mortgage Loans secured by Mortgaged Properties located in the single California postal zip code area having the highest aggregate principal balance of any such zip code area and (b) the Special Hazard Loss Coverage Amount as of the Closing Date less the amount, if any, of Special Hazard Losses allocated to the Certificates since the Closing Date. All principal balances for the purpose of this definition will be calculated as of the first day of the calendar month preceding the month of such Distribution Date after giving effect to Scheduled Payments on the Mortgage Loans then due, whether or not paid.

  • Damage means actual and/or physical damage to tangible property;