Application of Principles Clause Samples

Application of Principles. 4.1.1 The Parties agree to give effect to the following principles which underpin the implementation of the RRPGP Extension Sub-programmes: a. Funding will be primarily directed at replacing all or part of fossil fuel based remote off-grid power generation with renewable generation, but will also be directed at off-grid renewable water pumping systems that reduce fossil fuel consumption; a. Funding will be applied in such a way as to maximise appropriate cross linkages between Projects and Sub-programmes funded under this Agreement, and where necessary, to transcend state and territory boundaries to derive the most beneficial outcome in each situation; b. Funding will be applied in such a way as to best achieve the objectives of the RRPGP; c. Decision-making and delivery frameworks will aim to be flexible, transparent, equitable and accessible. The intention is to have Funding and decision making at the most appropriate level consistent with effective, accountable and practicable delivery, while maintaining sound energy supply and environmental outcomes; d. The cooperation of the Parties under this Agreement will focus on achieving the RRPGP objectives, while recognising that the Commonwealth may seek additional information for assessment, monitoring, reporting and evaluation purposes.

Application of Principles. Students will understand physical, chemical, environmental, mechanical, and electrical principles used in transportation. They will use basic mechanical principles to analyze and explain the function possibilities and design of vehicle and energy systems.

Application of Principles. The application of these principles is best illustrated by an example. In the hypothetical action P v S and NS, S settles with P for $500,000 while NS does not settle. The action proceeds to trial where P is successful and the total damages are assessed at $1,000,000. What is the effect of this decision, under a ▇▇▇▇ ▇▇▇▇▇▇ Agreement or a Pierringer Agreement where: a) liability is apportioned 50/50? b) liability is apportioned 80% to S and 20% to NS? c) liability is apportioned 20% to S and 80% to NS? The main difference between a ▇▇▇▇ ▇▇▇▇▇▇ Agreement and a Pierringer Agreement is that in a ▇▇▇▇ ▇▇▇▇▇▇ Agreement the liability of the settling defendant is capped; in a Pierringer Agreement it is fixed. This difference is illustrated by the following tables. They show the net amounts7 paid and received by the parties in our hypothetical $1000, 000 damage claim. Apportionment 50/50 80% S / 20% NS 80% NS / 20% S Plaintiff Receives $750,000 $600,000 $900,000 S Pays $250,000 $400,000 $100,000 NS Pays $500,000 $200,000 $800,000 Apportionment 50/50 80% S / 20% NS 80% NS / 20% S Plaintiff Receives $1000,000 $700,000 $1,000,000 S Pays $500,000 $500,000 $500,000 NS Pays $500,000 $200,000 $500,0008 7 These net figures represent the end result and not necessarily the actual flow of funds. For example, under the ▇▇▇▇ ▇▇▇▇▇▇ 50/50 scenario, S would pay $500,000 initially but would recover $250,000 when the liability of NS was determined to be 50%. This leaves S with a net payout of $250,000. 8 If S had not settled, the 80/20 apportionment would have required NS to pay $800,000. However, the $500,000 payment made by S is treated as a partial recovery of P’s loss. To avoid double recovery by P the amount payable by NS is reduced accordingly. See ▇▇▇▇▇▇ v ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇, 2009 ONCA 383, par. 55. In all settlements, an assessment of the likely outcome of a trial is an important part of the decision to settle. In traditional settlements however, the litigation ends and the parties never know how close their assessment was. In ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇▇ settlements on the other hand, S gets the ultimate feedback on the wisdom of its settlement decision. The litigation proceeds between P and NS; and, apportionment of liability at trial includes a determination of the portion of the liability attributed to S. Where S settles for less than its proportionate share determined at trial, as the above tables illustrate, under both the ▇▇▇▇ ▇▇▇▇▇▇ agreement and the Pierringer agr...

Application of Principles. (a) These principles will apply consistently across all of the Company's operations.