Shortfall Fee definition

Shortfall Fee has the meaning given such term in Section 7.1(c).

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Shortfall Fee means the Carrying Cost multiplied by the volume weighted average Toll of all forecast Movements for the year based on Carrier’s annual toll filing for that year and will be included in Carrier’s annual toll filing.

Shortfall Fee means the product of (i) the Throughput Shortfall Volume times (ii) the sum of the Feedstock Terminal Fee and the Feedstock Marketing Fee.

Examples of Shortfall Fee in a sentence

• If there is no excess resulting in a Quarterly MVC Shortfall Fee, then no amounts shall be payable by Producer under this Section 7.2(b).

• An aggregate volume of Fresh Water in the applicable calendar year equal to the number of Days in such calendar year multiplied by the number of Barrels per Day set forth beside such calendar year in the following table: Quarterly MVC Shortfall Fee.

• Payment of the Annual Shortfall Calculation (as paid through payment of the Monthly Shortfall Fee during the Contract Year, and as reconciled following the end of the Contract Year) by the Jurisdictions to the Company shall be the Company’s sole remedy for failure of the Jurisdictions to deliver, or caused to be delivered, the Minimum Annual Tonnage for such Contract Year.

• Owner shall pay Servicer an amount equal to Servicer's actual monthly losses incurred during the first three months of the Term, and an amount equal to 50% of Servicer's actual monthly losses incurred during months four through six of the Term (each such payment being a "Shortfall Fee").

• Notwithstanding the foregoing, Customer shall not be liable for payment of the Shortfall Fee to the extent that Customer’s failure to satisfy the Port Commitment is the direct result of Level 3’s failure or inability to deliver Managed Modem Services ordered by Customer in compliance with Section 1.2 hereof.

• If Servicer incurs actual monthly losses in months four through six of the Term, the parties will negotiate in good faith as to whether the Shortfall Fee will continue after month six of the Term.

• Notwithstanding anything to the contrary in this Agreement, nothing shall limit the Jurisdictions’ waste reduction, recycling programs or collection programs, or any one or more of the foregoing, which are in effect and as are modified or amended from time to time, subject to the Jurisdictions’ payment (if any) of the Monthly Shortfall Fee as required by Section 4.6(a) and, if applicable, the Annual Shortfall Fee.

• Since the sum of the Monthly Shortfall Fees is less than the Annual Shortfall Calculation, the Jurisdictions, in this example, would owe the Company an Annual Shortfall Fee, in the amount of the difference between the Annual Shortfall Calculation of $8,818.53 and the sum of the Monthly Shortfall Fees of zero, or $8,818.53 as shown at the bottom of Table 3.

• Unless terminated pursuant to this Section 8, this Limited Guarantee shall remain in full force and effect and shall be binding on the Guarantor, its successors and assigns until the either (x) the Parent Termination Fee or (y) the Cash Shortfall Fee and any Other Guaranteed Amounts have been indefeasibly paid, observed, performed and satisfied in full, at which time this Limited Guarantee shall terminate and the Guarantor shall have no further obligations under this Limited Guarantee.

• The Shortfall Fee (if any is ever due) for the Port Commitment that must be satisfied by December 31, 2003 shall be calculated based on the Port Charge for Tier A ports.

More Definitions of Shortfall Fee

Shortfall Fee means the fee calculated as detailed in the Schedule;

Shortfall Fee means a fee due to the Department from the manufacturer of a covered television device or computer monitor device that fails to achieve its individual recycling obligation for a given program year.

Shortfall Fee means a fee due to the Department from the manufacturer of a covered television device that fails to achieve its individual recycling obligation for the previous program year.

Shortfall Fee shall have the meaning set forth in Section 2.1(c). 1.45 “Specifications” means the procedures, requirements, designs, standards, quality control testing and other data and the scope of services as set forth on Exhibit A for the Product, along with any valid amendments or modifications thereto, subject to the terms set forth below in Section 2.3, as well as obligations under CGMPs, the NDA, and any other pertinent Regulatory Authority requirements. The latest approved Specifications are hereby automatically incorporated by reference into this Agreement. 1.46 “Supply Failure” shall have the meaning set forth in Section 2.1(b). 1.47 “Term” shall have the meaning set forth in Section 9.1. 1.48 “Territory” means the United States of America, its commonwealths, territories, military bases and possessions, and any other country which the Parties agree in writing to add to this definition of Territory in an amendment to this Agreement. 1.49 “Unit” means a single dose ampule of Product. 1.50 “Unit Price” shall have the meaning set forth in Section 7.1. 1.51 “Verona Background IP” shall have the meaning set forth in Section 12.4(d). 1.52 “Verona Indemnitees” shall have the meaning set forth in Section 13.1. 1.53 “Verona Liquidated Damages” shall have the meaning set forth in Section 4.2. 1.54 “Verona Property” shall have the meaning set forth in Section 12.4(d). ARTICLE II:

Shortfall Fee shall have the meaning ascribed to it in the BPC Manufacturing Agreement.