Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be zero dollars. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. The Forward Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be zero dollars. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Defaulting Party. The Forward Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
Forward Settlement Amount means the Non-Defaulting Party’s costs and losses, on the one hand, netted against its gains, on the other. If the Non-Defaulting Party’s costs and losses exceed its gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s gains exceed its costs and losses, then the Forward Settlement Amount shall be zero dollars ($0). The Forward Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages. It is expressly agreed that the Non-Defaulting Party shall not be required to enter into replacement transactions in order to determine the Forward Settlement Amount. When used in this definition, costs mean, with respect to the Non-Defaulting Party, brokerage fees, commissions, legal expenses and other similar third-party transaction costs and expenses reasonably incurred by the Non-Defaulting Party in entering into any new arrangement which replaces this Agreement, including, if SCE is the Non-Defaulting Party, with respect to credit towards SCE’s procurement allocation under CPUC Decision 00-00-000 and CPUC Resolution E-4999. SCE may also take into consideration any non-standard performance measures or covenants applicable to the Project when determining its costs. When used in this definition, gains or losses mean, with respect to any Party, an amount equal to the present value of the economic benefit or loss to such Party, if any (exclusive of costs), resulting from the termination of this Agreement for the remaining Term of this Agreement, determined in a commercially reasonable manner. Factors used in determining economic gain and loss to a Party may include reference to information supplied by one or more third parties, which shall exclude Affiliates of the Non-Defaulting Party, including quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, comparable transactions, forward price curves based on economic analysis of the relevant markets, settlement prices for comparable transactions at liquid trading hubs (e.g., NYMEX). With respect to SCE, gains and losses shall be based on replacing the Product with product from a project with similar attributes to the Project. SCE may also take into consideration any non-standard performance measures or covenants applicable to the Project when determining its gains or losses. Only if...
Examples of Forward Settlement Amount in a sentence
The Notice shall include a written statement setting forth, in reasonable detail, the calculation of such Termination Payment, including the Forward Settlement Amount, together with appropriate supporting documentation.
The Parties shall negotiate to resolve any disputes regarding the calculation of the Termination Payment and Forward Settlement Amount.
As soon as practicable after an Early Termination Date is declared, the Non-Defaulting Party shall provide Notice to the Defaulting Party of the sum of all amounts owed by the Defaulting Party under this Agreement less any amounts owed by the Non-Defaulting Party to the Defaulting Party under this Agreement, including any Forward Settlement Amount (the “Termination Payment”).
If the Generating Facility is a New Qualifying Facility, no Forward Settlement Amount is assessed for any Termination Payment due to Buyer as the Non-Defaulting Party by Seller as the Defaulting Party if this Agreement is terminated before the Term Start Date.
The Notice must include a written statement setting forth, in reasonable detail, the calculation of such Termination Payment including the Forward Settlement Amount, together with appropriate supporting documentation.
More Definitions of Forward Settlement Amount
Forward Settlement Amount means the Non-Defaulting Party’s costs and losses, on the one hand, netted against its gains, on the other. If the Non-Defaulting Party’s costs and losses exceed its gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s gains exceed its costs and losses, then the Forward Settlement Amount shall be zero dollars ($0). The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary, indirect or business interruption damages.When used in this definition, costs mean, with respect to the Non-Defaulting Party, brokerage fees, commissions, legal expenses and other similar third-party transaction costs and expenses reasonably incurred by that Party in entering into any new arrangement which replaces this Agreement. With respect to SCE, costs shall be based on replacing the DR Resource with a demand response resource with similar attributes to the DR Resource which consists of Recruited Accounts that are electrically served by a circuit or lower voltage substation in SCE’s distribution system that electrically connects directly to the [SCE Note: insert applicable circuit], [and SCE may take into consideration that this Agreement contains non-standard covenants related to performance during an N-2 Event].When used in this definition, gains or losses mean, with respect to any Party, an amount equal to the present value of the economic benefit or loss to such Party, if any (exclusive of costs), resulting from the termination of this Agreement for what would have been the remaining Term of this Agreement, determined in a commercially reasonable manner. Factors used in determining the economic gain and loss to a Party may include reference to information supplied by one or more third parties, which shall exclude Affiliates of the Non-Defaulting Party, including quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, comparable transactions, forward price curves based on economic analysis of the relevant markets, settlement prices for comparable transactions at liquid trading hubs (e.g., NYMEX). For purposes of determining its gains or losses, SCE may also take into consideration that this Agreement is intended to provide Contract Capacity at a circuit or lower voltage substation in SCE’s distribution system that electrically connects directly to the [SCE Note: in...
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s Costs and Losses are less than its Gain, then the Forward Settlement Amount shall be an amount owing to the Defaulting Party. The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party.
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other.
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.
Forward Settlement Amount means any amount by which the Non-Defaulting Party’s Costs and Losses exceed Gains. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be zero dollars ($0). The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary or indirect damages.
Forward Settlement Amount means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Forward Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Forward Settlement Amount shall be an amount owing to the Defaulting Party; provided that, if the Non-Defaulting Party’s Gains exceed its Costs and Losses and the Notice of Early Termination Date given by the Non-Defaulting Party arises from an Event of Default by the Defaulting Party under Section 6.01(a)(iii), then the Forward Settlement Amount shall be zero dollars ($0). The Forward Settlement Amount shall not include consequential, incidental, punitive, exemplary or indirect or business interruption damages.