No Penalty. The prepayments and payments in respect of reductions and terminations described in clauses (a) and (b) of this Section 4.1 may be made without premium or penalty (except as provided in Section 5.2(f)).
No Penalty. The Board agrees not to penalize or discriminate against any Teacher for participating in the activities of the Union, including exercising any rights under this Collective Agreement or the prevailing statutes of Ontario.
No Penalty. Prepayments permitted or required under this ----------- Article III shall be without premium or penalty.
No Penalty. None of the provisions of this Agreement shall be deemed to impose a penalty.
No Penalty. The remedies in this clause 7 have been selected by the Parties in light of the fact that no interest in a Nation Block may be assigned to Nation unless there is a Discovery on that block and the Government issues a Production Licence for that block, events which can occur, if at all, only if Work Programs and Budgets are timely funded. Nation agrees that the remedies conferred by this clause 7 do not constitute a penalty or an unreasonable forfeiture and are necessary to ensure the maintenance of the Permit in good standing. Nation acknowledges that it is essential to the viability of the Permit that Nation comply with its financial obligations in a timely manner, and that assumption by Paltar of the obligations of Nation under this Agreement is good and valuable consideration for the exercise by Paltar of its rights to acquire Nation’s interest in this Agreement under this clause 7.
No Penalty. Any sum payable under this Clause 8 is in the nature of liquidated damages, is not a penalty, and is fair and reasonable. Such payment represents a reasonable estimate of fair compensation for the losses to the Distribution Licensee that may reasonably be anticipated from such failure, and shall, without duplication but subject to Clause 14.3, be the sole and exclusive remedy and measure of damages with respect to any failure by the Feed-in Approval Holder to meet such obligations.
No Penalty. The parties agree that Cancellation Fees: (a) constitute liquidated damages, not a penalty; (b) such damages bear a reasonable and appropriate relationship to the range of harm arising from cancellation; (c) such damages have been reasonably anticipated by the parties as of the Effective Date; and, (d) actual damages for such harm may be costly, inconvenient or difficult to prove or foresee. The parties further agree that payment of Cancellation Fees shall be in lieu of any actual damages arising solely from a termination of the Agreement. For any termination of the Agreement by Customer, for BluIP’s Default pursuant to Section 5.1(a) or Section 5.3, Customer shall have no obligation to BluIP for payment of Cancellation Fees; provided, however, that in no event shall Customer be relieved of any obligations and/or liabilities, nor shall BluIP be deemed to have waived its rights and remedies related to: fees for Services and Professional Services performed as of the date of Service termination; other Defaults that had occurred prior to such termination of the Agreement; or, any other obligations or liabilities that survive the termination of the Agreement.
No Penalty. The Shareholders acknowledge and agree that the rights and remedies conferred by this Article 8 do not constitute a penalty, unlawful forfeiture or penalty interest rates, and that such rights and remedies are necessary to ensure that the interests of the Shareholders are appropriately balanced having regard to the relative funding provided by each Shareholder from time to time. Each Shareholder covenants that it shall not raise any prohibition against penalty clauses as a defence to the terms and conditions of a Shareholder Loan or the dilution contemplated by Section 8.2 or Section 8.3.
No Penalty. The remedies in this clause 7 have been selected by the Parties in light of their recognition that Paltar is not anticipated to have the funds necessary to pay Work Program Expenses for the fourth and fifth Permit Years, so that the Permit likely will be lost in its entirety if Nation fails to make the contributions promised for those years. In the years thereafter, the Parties recognize that Paltar may be able to go forward with others based upon prior work results, but only if it can obtain the interest previously held by Nation. Nation agrees that the remedies conferred by this clause 7 do not constitute a penalty or an unreasonable forfeiture and are necessary to ensure the maintenance of the Permit in good standing. Nation acknowledges that it is essential to the viability of the Permit that Nation comply with its financial obligations in a timely manner, and that assumption by Paltar of the obligations of Nation under this Agreement is good and valuable consideration for the exercise by Paltar of its rights to acquire Nation’s interest in this Agreement under this clause 7.
No Penalty. L5.01 The Board agrees not to penalize or discriminate against any Member for participating in the activities of the Union, including exercising any rights under this Collective Agreement or the Education Act and related Statutes. Just Cause
