Assessment of Damages. The Reinsurer recognizes that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. The Reinsurer may be liable for any punitive, statutory or compensatory damages awarded or assessed against the Ceding Company if the Reinsurer elected to join in the contest, litigation or denial of the claim, in writing, and actively directed, participated in, consented to or ratified the act, error, omission or course of conduct of the Ceding Company that ultimately resulted in the award or assessment of punitive, statutory or compensatory damages. The extent of such sharing is dependent on the good faith assessment of culpability in each case, but all factors being equal, the division of such assessment would be in proportion to what impact the Reinsurer's opinion had on such damages.
Assessment of Damages. The Reinsurer recognizes that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. The Reinsurer may be liable for any punitive, statutory or compensatory damages awarded or assessed against the Ceding Company if the Reinsurer elected to join in the contest, litigation or denial of the claim, in writing, and actively directed, participated in, consented to or ratified the act, error, omission or course of conduct of the Ceding Company that ultimately resulted in the award or assessment of punitive, statutory or compensatory damages. The extent of such sharing is dependent on the good faith assessment of culpability in each case, but all factors being equal, the division of such assessment would be in proportion to what impact the Reinsurer’s opinion had on such damages.
Assessment of Damages. Charges for loss or damage to the Resident’s Room will be assessed to all residents of that Room, unless otherwise determined by the House Corporation, in such amount as the House Corporation may decide in its sole discretion. Charges for loss or damages to any other areas of the Facility or its grounds will be assessed against the resident responsible for such damage or, to the extent that said loss or damage cannot be adequately determined and assessed against a particular resident, the House Corporation may charge for loss or damages against all residents of the Facility or all members of the GRK Organization (including non-residents), as the House Corporation deems appropriate in its sole discretion.
Assessment of Damages. The parties agree that Contractor’s failure to meet the performance metrics in Exhibit A and the Service Level Agreements stated in this Exhibit B will result in damage to Agency. Where actual damage will be difficult to determine, Contractor shall [provide service credits or] pay to State, not as a penalty but as liquidated damages, the amounts specified in this Exhibit B. For liquidated damages, the amounts stated for each occurrence of each performance failure define the maximum liquidated damages due from Contractor. Liquidated damages claimed will be adjusted downward to eliminate any proportion of the damage caused by Agency’s failure to meet its contractual responsibility. The damage remedies stated in this Exhibit B are in addition to any other remedy for damages provided in the Contract. If Agency recovers actual damages in addition to liquidated damages, Agency will reduce such actual damages by the amounts received as liquidated damages for the same events causing the actual damages.
Assessment of Damages. The parties agree that Contractor’s failure to meet the performance metrics and Service Level Agreements stated in Exhibit A and this Exhibit B will result in damage to Agency. Where actual damage will be difficult to determine, Contractor shall pay to the State of Oregon, not as a penalty but as liquidated damages, the amounts specified in this Exhibit B as liquidated damages. The amounts stated for each occurrence of each performance failure define the maximum liquidated damages due from Contractor. Liquidated damages claimed will be adjusted downward to eliminate any proportion of the damage caused by Agency’s failure to meet its contractual responsibility. The damage remedies stated in this Exhibit B are in addition to any other remedy for damages provided in the Contract. If Agency recovers actual damages in addition to liquidated damages, Agency will reduce such actual damages by the amounts received as liquidated damages for the same events causing the actual damages.
Assessment of Damages. If ADM claims damages in lieu of performance under clause 2.6, it may, where applicable under local law, effect assessment of such damage, inter alia, by means of sale or price determination performed by a third party (e.g. broker). The reference date for price determination shall be the first (1) working day following the expiry of the period of grace.
Assessment of Damages. In presence of events giving rise to the Sellers’ indemnity obligations under Section 6.2, the following procedure shall apply: • the Purchaser shall deliver by registered letter, return receipt requested, a written request to the Sellers indicating both the estimated indemnity amount and the reasonable details of the claim; • within the following 35 days, the Sellers shall notify the Purchaser in writing of any possible opposition; • within 20 days after receipt by the Purchaser of the Sellers’ opposition, if any, the Parties shall use all reasonable efforts to try to reach an amicable settlement. Upon expiry of such 20 day term, each Party shall be entitled to submit the matter to arbitration pursuant to Section 11.2.
Assessment of Damages. The Department will notify the Contractor in writing of the proposed assessment of actual or liquidated damages. If the Contractor disputes the assessment, it must challenge the assessment in writing pursuant to Section 22.35 Contract Disputes.
Assessment of Damages. 1. In the event a Professional Employee gives notice to terminate his/her primary Employee contract any time before its expiration, the Board may impose damages as set forth in this section.
2. Upon receipt of the Professional Employee's notice of early termination, the Board, or its designee, shall notify the President of the Alliance in writing of such early termination.
3. The Board Secretary shall notify the Professional Employee in writing that the Board will consider the assessment of damages pursuant to this Article and the date of the Board meeting wherein the consideration will occur. The notice shall be effective if delivered to the Professional Employee in person at least three (3) days before the open meeting, or mailed, regular U.S. mail, to the Professional Employee's local residential address at least five (5) days before the open meeting. The Professional Employee shall be entitled to be present in person, or by representative, and to present information to the Board.
4. If the Professional Employee terminates his/her primary employment contract after June 10 and before July 1, the damages assessed shall be Five Hundred Dollars ($500). On or after July 1, the Professional Employee will be assessed 10% of his/her gross salary, if the academic contract is not fulfilled (fall/spring academic semester) At the conclusion of the open meeting, the Board shall have the final authority to determine what damages shall be assessed.
Assessment of Damages. A. In the event that the Contractor provides unsatisfactory service(s) or fails to comply with the terms of the Contract and such unsatisfactory service is remedied at the option of the Client Agency Designee and DAS by State employees or by third party contractors, Contractor shall pay to Client Agency the full amount expended to correct the deficiencies, as assessed by the Client Agency Designee or DAS.
B. In the event the Contractor’s Services are deemed sub-standard as tracked in the Contractor’s quality control report (as described in this Exhibit A, section 2 “Services” sub-section 8); the Contractor and the Client Agency shall negotiate an agreed upon credit to that particular month’s Service. The credit shall be in a dollar value mutually agreed upon by the Contractor and Client Agency.
C. In the event the Contractor’s employee(s) are not properly trained (as described in this Exhibit A, section 16 “Contractor Training of Contractor Parties”), the employee will not be permitted to perform the Services and will be automatically dismissed from the Facility. The Contractor shall prorate any invoice relating to a scheduled work day in which Services were not provided and shall use the prorated formula (as described in Exhibit A section 14 “Schedules and Days of Operation” sub-section B). Any lapses in Services are subject to poor performance and possible termination.
D. In the event the consumables are lower than the minimum (as described in this Exhibit A, section 10 “Consumables” sub-section B), the Client Agency will purchase one weeks’ worth of the consumables deemed below minimum. The Client Agency shall email the Contractor the receipt immediately after the purchase. The total value of the consumable purchase will be automatically deducted from the Contractor’s monthly invoice. Consumables that are purchased by the Client Agency multiple times may result in a determination of poor performance and possible termination.
E. In the event of any delays or deficiencies in the Contractor’s performance, Client Agency Designee and DAS reserve the right to assess damages in an amount equal to the cost to the State to rectify any delay or deficient performance. Determination and assessment of such amounts due will be made by DAS in its sole discretion.
F. Any assessment of damages that is imposed upon the Contractor will be paid by the Contractor in the manner required by DAS.
