Unavoidable Fixed Costs definition

Unavoidable Fixed Costs means the fixed costs incurred by the Company which first fall due for payment by the Company during the period of indemnity but excluding:
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Unavoidable Fixed Costs means the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding:
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Unavoidable Fixed Costs means the fixed costs incurred by Project Co which first fall due for payment by Project Co during the period of indemnity but excluding: costs which could have reasonably been mitigated or avoided by Project Co; payments to Project Co’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in Project Co, providers of Subordinated Debt and any other financing costs other than Senior Debt Service Costs indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments Project Co can recover under contract or in respect of which Project Co has a remedy against another person in respect of the same liability; payments to the extent that Project Co has available to it including: reserves which Project Co can draw upon without breaching the Senior Funding Agreements; standby or contingent facilities or funds of Senior Debt or equity which Project Co is entitled to have available; payments representing any profits of the Project (to the extent not already excluded in (e) above);
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More Definitions of Unavoidable Fixed Costs

Unavoidable Fixed Costs means the fixed costs incurred by PPP Co. which first fall due for payment by PPP Co. during the period of indemnity but excluding:- costs which could have reasonably been mitigated or avoided by PPP Co.; payments to PPP Co.’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in PPP Co., Junior Lenders and any other financing costs other than Senior Debt Service Costs; indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments PPP Co. can recover under contract or in respect of which PPP Co. has a remedy against another person in respect of the same liability; payments to the extent that PPP Co. has available to it reserves which PPP Co. can draw upon without breaching the Senior Funding Agreement; standby or contingent facilities or funds of Senior Debt or equity which PPP Co. is entitled to have available;
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Unavoidable Fixed Costs should mean the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding: (a) costs which could have reasonably been mitigated or avoided by the Contractor; (b) payments which are not entirely at arm's length; (c) payments to holders of equity in the Contractor, subordinated debt holders and any other financing costs other than Senior Debt Service Costs; (d) Indirect Losses suffered or allegedly suffered by any person; (e) fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; (f) payments the Contractor can recover under contract or in respect of which the Contractor has a remedy against another person in respect of the same liability; (g) payments to the extent that the Contractor has available to it: (i) reserves which the Contractor can draw upon without breaching the Senior Financing Agreement; (ii) standby or contingent facilities or funds of senior debt or equity which the Contractor is entitled to have available; (h) payments representing any profits of the Contractor (to the extent not already excluded in (e) above);
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Unavoidable Fixed Costs means the fixed costs incurred by Sub-hubco which first fall due for payment by Sub-hubco during the period of indemnity but excluding: costs which could have reasonably been mitigated or avoided by Sub-hubco; payments to Sub-hubco’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in Sub-hubco, providers of Subordinated Debt and any other financing costs other than Senior Debt Service Costs indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments Sub-hubco can recover under contract or in respect of which Sub-hubco has a remedy against another person in respect of the same liability; payments to the extent that Sub-hubco has available to it including: reserves which Sub-hubco can draw upon without breaching the Senior Funding Agreements; standby or contingent facilities or funds of Senior Debt or equity which Sub-hubco is entitled to have available; payments representing any profits of the Project (to the extent not already excluded in (e) above);
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Unavoidable Fixed Costs the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding:- (a) costs which could have reasonably been mitigated or avoided by the Contractor; (b) payments to the Contractor’s Associated Companies; (c) payments which are not entirely at arm’s length; (d) payments to holders of equity in the Contractor, Subordinated Lenders and any other financing costs other than Senior Debt Service Costs; (e) indirect losses suffered or allegedly suffered by any person; (f) fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; (g) payments the Contractor can recover under contract or in respect of which the Contractor has a remedy against another person in respect of the same liability; (h) payments to the extent that the Contractor has available to it:- (i) reserves which the Contractor can draw upon without breaching the Senior Financing Agreement; (ii) standby or contingent facilities or funds of Senior Debt or equity which the Contractor is entitled to have available; (i) payments representing any profits of the Project (to the extent not already excluded in (e) above);
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Unavoidable Fixed Costs means the fixed costs incurred by DBFM Co which first fall due for payment by DBFM Co during the period of indemnity but excluding:
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Unavoidable Fixed Costs means the liabilities of the Contractor under the Senior Funding Agreements.
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Related to Unavoidable Fixed Costs

  • Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.

  • Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

  • Unavoidable means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.

  • Bondable stranded costs means any stranded costs or basic

  • avoidable costs means those costs which would not be incurred by the Licensee if he did not supply the consumers in question, including (but with due regard to the timing thereof all relevant future outlays affected by the decision to supply; and"terms"means all the terms on which a supply of gas is provided or offered, whether as respects charges, methods of payment or otherwise.

  • Bondable stranded costs rate order means one or more

  • Fixed Costs means costs which do not vary with consumption or volume produced;

  • Routine Patient Costs means all health care services that are otherwise covered under the Group Contract for the treatment of cancer or other Life-threatening Condition that is typically covered for a patient who is not enrolled in an Approved Clinical Trial.

  • Avoided costs means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would generate itself or purchase from another source.

  • Service Interruption means the cessation of electricity supply to an ICP for a period of 1 minute or longer, other than by reason of De-energisation of that ICP:

  • Deactivation Avoidable Cost Rate means the formula rate established pursuant to Tariff, section 115 of this Tariff.

  • Cleanup costs means expenses (including but not limited to legal and professional fees) incurred in testing for, monitoring, cleaning up, removing, containing, treating, neutralizing, detoxifying or assessing the effects of Pollutants.

  • Deactivation Avoidable Cost Credit means the credit paid to Generation Owners pursuant to Tariff, Part V, section 114. Deactivation Avoidable Cost Rate:

  • Unplanned Service Interruption means any Service Interruption where events or circumstances prevent the timely communication of prior warning or notice to the Trader or any affected Customer;

  • Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.

  • Enforcement Expenses shall include all reasonable attorneys’ fees, court costs, transcript costs, fees of experts, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other out-of-pocket disbursements or expenses of the types customarily incurred in connection with an action to enforce indemnification or advancement rights, or an appeal from such action. Expenses, however, shall not include fees, salaries, wages or benefits owed to Indemnitee.

  • Planned Service Interruption means a Service Interruption that has been scheduled to occur in accordance with schedule 5;

  • Recovered Costs means any amounts referred to in clauses (d) and/or (e) of the definition of “Defaulted Mortgage Loan Purchase Price” that, at the time of determination, had been previously paid or reimbursed to any Servicer from sources other than collections on or in respect of the Mortgage Loan or the Mortgaged Property (including, without limitation, from collections on or in respect of loans other than the Mortgage Loan).

  • Interruption of irradiation means the stopping of irradiation with the possibility of continuing irradiation without resetting of operating conditions at the control panel.

  • Avoidable Cost Rate means a component of the Market Seller Offer Cap calculated in accordance with Tariff, Attachment DD, section 6. Balancing Congestion Charges: “Balancing Congestion Charges” shall be equal to the sum of congestion charges collected from Market Participants that are purchasing energy in the Real-time Energy Market minus [the sum of congestion charges paid to Market Participants that are selling energy in the Real-time Energy Market plus any congestion charges calculated pursuant to the Joint Operating Agreement between the Midcontinent Independent Transmission System Operator, Inc. and PJM Interconnection, L.L.C. (PJM Rate Schedule FERC No. 38), plus any congestion charges calculated pursuant to the Joint Operating Agreement Among and Between New York Independent System Operator Inc. and PJM Interconnection, L.L.C. (PJM Rate Schedule FERC No. 45), plus any congestion charges calculated pursuant to agreements between the Office of the Interconnection and other entities, plus any charges or credits calculated pursuant to Operating Agreement, Schedule 1, section 3.8, and the parallel provisions of Tariff, Attachment K-Appendix, section 3.8, as applicable)].

  • Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

  • Irrecoverable VAT means in relation to any Person, any amount in respect of VAT which that Person (or a member of the same VAT Group as that Person) has incurred and in respect of which neither that Person nor any other member of the same VAT Group as that Person is entitled to a refund (by way of credit or repayment) from any relevant Tax Authority pursuant to and determined in accordance with applicable VAT Laws.

  • Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

  • Generator Maintenance Outage means the scheduled removal from service, in whole or in part, of a generating unit in order to perform necessary repairs on specific components of the facility, if removal of the facility meets the guidelines specified in the PJM Manuals.

  • Relevant Force Majeure Event means a Force Majeure Event in relation to which an Affected Party is claiming relief under this Clause 17; and

  • Enforcement Costs means court expenses, reasonable attorney fees of the attorney general, and other reasonable expenses of an executive department that are incurred in relation to enforcement under this part.