Damage Payments definition
Examples of Damage Payments in a sentence
In the event that (i) Buyer is unable to take all of the Raw Product nominated by Seller during a particular Month due to any Person’s failure to take Raw Product from Buyer, and (ii) Buyer receives Damage Payments in connection with such event, Buyer will pay Seller its pro rata share of such Damage Payments based on the amount of nominated Raw Product not taken by Buyer from Seller and any other Affiliates of Buyer as a result of such event.
The obligation of the Lessee to pay Truck Special Damage Payments shall constitute the sole remedy respecting the breach of its covenant contained in the first sentence of Section 13.2(a).
On each anniversary date of the Effective Date, the parties shall reconcile their Service Interruption records and determine (i) which Constructing Party had the greatest aggregate Outage Damage Payments on its System (the "Outage Payor") and (ii) how much more Outage Damage Payments that Constructing Party owes than the other party (the amount of the excess owed is referred to as the "Outage Damage Payment Excess").
As the Outage Damage Payment Excess reflects the net difference in Outage Damage Payments, such other party will not be required to pay its Outage Damage Payment to the Outage Payor.
Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Securityholders' Representative may, by operation or law or otherwise, have against the Surviving Corporation or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.
In the event that (i) Buyer is unable to take all of the Product nominated by Seller during a particular Month due to a Person’s failure to take Product from Buyer, and (ii) Buyer receives Damage Payments in connection with such event, Buyer will pay Seller its pro rata share of such Damage Payments based on the amount of nominated Product not taken by Buyer from Seller and any other Affiliates of Buyer as a result of such event.
During the Cure Period, Seller shall have no obligation to make (i) the Base Damage Payment (except as reduced as described above) or (ii) any Monthly Damage Payments at all if both Facilities have experienced a Cessation of Operations, as applicable.
Monthly Damage Payments that would have otherwise been payable hereunder during such period but for the Cessation of Operations at one or both Facilities shall be permanently and irrevocably forfeited by Buyer.
Lessee shall pay to Owner the annual Surface Damage Payments due in accordance with Paragraph 7b.
Any rights with respect to Damage Payments which any of the Company Indemnifying Parties or the Seller Representative may, by operation or Law or otherwise, have against the Surviving Entity, KLO, MT or any of their respective Subsidiaries or any such Person shall, effective at the time of the Closing, be deemed to be hereby expressly and knowingly waived.