Basis for Deductions Sample Clauses

Basis for Deductions. ‌ 6.4.2.1 Developer acknowledges that the monetary deductions assessed in accordance with the Contract Documents are reasonable liquidated damages in order to compensate the Department for: 1. The Department’s increased costs of administering this Agreement, including the increased costs of engineering, legal, accounting, monitoring, oversight and overhead, and could also include obligations to pay or reimburse Governmental Entities with regulatory jurisdiction over the Project for violation of applicable Governmental Approvals or for their increased costs of monitoring and enforcing Developer’s compliance with applicable Governmental Approvals; 2. Potential harm and future costs to the Department from reduction in the condition and Design Life of the Project; 3. Potential harm to the credibility and reputation of the Department’s transportation improvement program with other Governmental Entities, with policy makers and with the general public; 4. Potential harm and detriment to Users, which may include additional wear and tear on vehicles and increased costs of congestion, travel time and accidents; and 5. The Department’s increased costs of addressing potential harm to the Environment, including increased harm to air quality caused by congestion, and harm to water quality, soils conditions, historic structures and other environmental resources caused by Noncompliance. 6.4.2.2 Developer further acknowledges that these damages would be difficult and impracticable to measure and prove, because, among other things, (a) the Project is of a unique nature and no substitute for it is available; (b) the costs of monitoring and oversight prior to increases in the level thereof will be variable and extremely difficult to quantify; (c) the nature and level of increased monitoring and oversight will be variable depending on the circumstances; and (d) the variety of factors that influence use of and demand for the Project make it difficult to sort out causation of the matters that will trigger these liquidated damages and to quantify actual damages.
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Basis for Deductions. 6.4.2.1 Developer acknowledges that the monetary deductions assessed in accordance with the Contract Documents are reasonable liquidated damages in order to compensate the Department for: 1. The Department’s increased costs of administering this Agreement, including the increased costs of monitoring and oversight and could also include obligations to pay or reimburse Governmental Entities with regulatory jurisdiction over the Project for their increased costs of monitoring and enforcing Developer’s compliance with applicable Governmental Approvals; 2. Potential harm to the credibility and reputation of the Department’s transportation improvement program with policy makers and with the general public; and 3. Potential harm and detriment to Users, which may include additional wear and tear on vehicles and increased costs of congestion, travel time and accidents. 6.4.2.2 Developer further acknowledges that such increased costs, and harm and detriment to Users, would be difficult and impracticable to measure and prove, because, among other things, the costs of monitoring and oversight prior to increases in the level thereof will be variable and extremely difficult to quantify; the nature and level of increased monitoring and oversight will be variable depending on the circumstances; and the variety of factors that influence use of and demand for the Project make it difficult to sort out causation of the matters that will trigger these liquidated damages.
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Basis for Deductions. 11.5.2.1 Developer acknowledges that the Quarterly Noncompliance Adjustments and Quarterly Unavailability Adjustments assessed in accordance with the PPA Documents are reasonable liquidated damages in order to compensate IFA for damages it will incur by reason of Developer’s failure to comply with the availability and performance standards. Such damages include: a. IFA’s increased costs of administering this Agreement, including the increased costs of engineering, legal, accounting, monitoring, oversight and overhead, and could also include obligations to pay or reimburse Governmental Entities with regulatory jurisdiction over the O&M Limits for violation of applicable Governmental Approvals or for their increased costs of monitoring and enforcing Developer’s compliance with applicable Governmental Approvals; b. Potential harm and future costs to IFA from reduction in the condition and Useful Life of the O&M Limits; c. Potential harm to the credibility and reputation of IFA with other Governmental Entities, with policy makers and with the general public who depend on and expect timely and quality O&M Limits delivery and availability of service; d. Potential harm and detriment to Users, which may include loss of use, enjoyment and benefit of the O&M Limits and of facilities connecting to the O&M Limits, additional wear and tear on vehicles, and increased costs of congestion, travel time and accidents; e. IFA’s increased costs of addressing potential harm to the Environment, including increased harm to air quality caused by congestion, and harm to water quality, soils conditions, historic structures and other environmental resources caused by Noncompliance Events; and f. Loss of Toll Revenues.
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Basis for Deductions. ‌ 11.5.2.1 Developer acknowledges that the Quarterly Noncompliance Adjustments and Quarterly Unavailability Adjustments assessed in accordance with the PPA Documents are reasonable liquidated damages in order to compensate IFA for damages it will incur by reason of Developer’s failure to comply with the availability and performance standards. The damages addressed by the Quarterly Noncompliance Adjustments and Quarterly Unavailability Adjustments imposed in accordance with Exhibit 10 (Payment Mechanism) include: a. IFA’s increased costs of administering this Agreement, including the increased costs of engineering, legal, accounting, monitoring, oversight and overhead, and could also include obligations to pay or reimburse Governmental Entities with regulatory jurisdiction over the O&M Limits for violation of applicable Governmental Approvals or for their increased costs of monitoring and enforcing Developer’s compliance with applicable Governmental Approvals; b. Potential harm and future costs to IFA from reduction in the condition and Useful Life of the O&M Limits; c. Potential harm to the credibility and reputation of IFA with other Governmental Entities, with policy makers and with the general public who depend on and expect timely and quality O&M Limits delivery and availability of service; d. Potential harm and detriment to Users, which may include loss of use, enjoyment and benefit of the O&M Limits and of facilities connecting to the O&M Limits, additional wear and tear on vehicles, and increased costs of congestion, travel time and accidents; and e. IFA’s increased costs of addressing potential harm to the Environment, including increased harm to air quality caused by congestion, and harm to water quality, soils conditions, historic structures and other environmental resources caused by Noncompliance Events.
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Basis for Deductions. 8.4.2.1 Developer acknowledges that any Performance Deductions assessed in accordance with this Agreement are reasonable liquidated damages in order to compensate the Owner for: 1. The Owner’s increased costs of administering the Contract Documents, including the increased costs of Oversight and any obligations to pay or reimburse Governmental Entities with regulatory jurisdiction over the Project for their increased costs of monitoring and enforcing Developer’s compliance with applicable Governmental Approvals; 2. The Owner’s increased costs of accommodating the Airport Activities; 3. The Owner’s potential loss of Concession Revenues due to the reduction in the availability and quality of the Project so as to adversely affect the experience of Users; 4. Potential harm to the credibility and reputation of the Owner, the Airport and the revitalization project with Users and potential Users, stakeholders, policy makers and with the general public; and 5. Potential harm and detriment to Users, which may include disruption to travel, shopping and other Airport Activities. 8.4.2.2 Developer further acknowledges that such increased costs and loss of revenue, and harm and detriment to Users, would be difficult and impracticable to measure and prove, because, among other things, the costs of Oversight prior to increases in the level thereof will be variable and extremely difficult to quantify, the nature and level of increased Oversight will be variable depending on the circumstances, and the variety of factors that influence use of and demand for the Terminal Improvements make it difficult to sort out causation and quantify the precise revenue loss attributable to the matters that will trigger these liquidated damages. 8.4.2.3 Subject to any other remedy expressly provided in this Agreement, any monetary deduction assessed in accordance with this Agreement shall constitute the Owner’s sole remedy in respect of the delay, breach or failure, as applicable, for which such monetary deduction is assessed.
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Related to Basis for Deductions

  • Dues Deductions Prior to the preparation of the first payroll of the school year, the Association shall indicate to the District, in writing, the dollar amounts of individual dues and assessments of the Southside Education Association, National Education Association, Washington Education Association and Olympic UniServ Council, to be deducted during the school year to follow. These total deductions shall remain unchanged during the school year. The deductions, as indicated above, shall be deducted in twelve (12) equal amounts in paychecks to begin in September and continue through August; provided that the District has received a written authorization form from any such employee who desires to make said deductions; teachers who work less than a full year shall have their deductions pro-rated at one- twelfth (1/12th), of the total amount, for each month they are employed. Amounts may be prorated by the amount of FTE worked as agreed upon and presented in writing by the Southside Education Association. The District shall promptly remit all monies so collected directly to the Washington Education Association with a list of teachers from whom deductions have been made. The District shall notify the Association of any changes in said list due to teachers entering or leaving the employment of the District; such notification shall be before the monthly pay period. If the Association receives an amount for a teacher in excess of the proper amount to be deducted, the Association shall reimburse that teacher for any overcharge in dues. The Association will indemnify, defend and hold the District harmless against any claims, suits, orders, and/or judgments against the District on account of any check-off of Association dues. This dues deduction system is only for the collection of dues and shall not be used for the collection of any Association imposed fines, penalties, or assessments, nor will it be used for the collection of initiation fees or any other type of Association collection of monies. Employees who wish to revoke this deduction authorization may do so upon written notice to the District and the Association. The employee shall provide written notice to the Association and to the District of his/her wish to no longer have dues withheld from his/her paycheck. Teachers who decide to join the Association and currently have no deductions for dues may do so by signing and delivering, by the fifteenth of any month, a payroll deduction or revocation authorization form to the District office. This form shall authorize deduction of membership dues of the Associations (including NEA and WEA) and shall continue in force from year to year unless the teacher submits a written revocation to the District and the Association.

  • No Deductions All amounts due from the Borrower under a Finance Document shall be paid: (a) without any form of set-off, cross-claim or condition; and (b) free and clear of any tax deduction except a tax deduction which the Borrower is required by law to make.

  • Withholdings; Deductions The Company may withhold and deduct from any benefits and payments made or to be made pursuant to this Agreement (a) all federal, state, local and other taxes as may be required pursuant to any law or governmental regulation or ruling and (b) any deductions consented to in writing by Employee.

  • Union Deductions All employees who are covered by the certification with the Union shall, as a condition of continuing employment, authorize a deduction from their pay cheques of the amount of the dues, levies and assessments payable to the Union by a member of the Union. The Employer shall provide a copy of the authorization form, which has been forwarded by the Union, to each new employee. Upon receipt of written notice from the Union, the Employer shall terminate the services of any employee who does not authorize the deduction as above. The Employer agrees to deduct the amount of the Union dues, levies and assessments payable to the Union by an employee in the Union’s bargaining unit. The Union shall inform the Employer in writing of the amount to be deducted from each employee. The Union shall advise the Employer in writing sixty (60) calendar days in advance of any change in the amount to be deducted. The Employer shall remit such dues, levies and assessments to the Union within twenty-eight (28) calendar days from the date of deduction, together with a written statement containing the names of the employees for whom the deductions were made and the amount of each deduction. The Employer shall supply each employee, without charge, a receipt for income tax purposes shown on the T4 slip in the amount of the deductions paid to the Union by the employee in the previous year. Such receipts shall be provided to the employee prior to March 1 of the succeeding year. Deductions for levies and assessments shall be a percentage of wages.

  • Other Deductions Voluntary payroll deductions made to the Union for employee benefits will be submitted at the same time as regular dues deductions. No later than the fifteenth (15th) of each month, the Union shall receive a benefit register for each benefit listing each employee, the amount deducted, and the purpose of the deduction.

  • Union Dues Deductions It shall be a condition of employment for all Nurses in the Bargaining Unit, that dues be deducted from their bi-weekly salary in the amount determined by the Union. The deductions for newly employed Nurses shall be in the first pay period of employment. The dues shall be submitted monthly to the Union together with a list of the Nurses from whom the deductions were made.

  • Tax Deductions With respect to the Equity Compensation held by individuals who are CVC Employees or CVC Directors at the time the Equity Compensation becomes taxable and individuals who are Former CVC Employees at such time, CVC shall claim any federal, state and/or local tax deductions after the Distribution Date, and MSG shall not claim such deductions. With respect to the Equity Compensation held by individuals who are employees of the MSG Group at the time the Equity Compensation becomes taxable and individuals who are Former MSG Employees at such time, MSG shall claim any federal, state and/or local tax deductions after the Distribution Date, and CVC shall not claim such deductions. If either CVC or MSG determines in its reasonable judgment that there is a substantial likelihood that a tax deduction that was assigned to CVC or MSG pursuant to this Section 7.3 will instead be available only to the other party (whether as a result of a determination by the IRS, a change in the Code or the regulations or guidance thereunder, or otherwise), it will notify the other party and both parties will negotiate in good faith to resolve the issue in accordance with the following principle: the party entitled to the deduction shall pay to the other party an amount that places the other party in a financial position equivalent to the financial position the party would have been in had the party received the deduction as intended under this Section 7.3. Such amount shall be paid within 90 days of filing the last tax return necessary to make the determination described in the preceding sentence.

  • Dues Deduction 22.01 The Company will deduct on the payroll for each period, from wages due and payable to each Employee coming within the scope of this Collective Agreement, an amount equivalent to the dues of the Union subject to the conditions set forth herein. 22.02 The amount to be deducted shall be equivalent to the regular dues payment of the Union and shall include assessments or initiation fees applicable to new hires. The amount to be deducted shall not be changed during the term of the Agreement except to conform with a change in the amount of regular dues to the Union in accordance with its constitutional provisions. 22.03 Deductions will commence on the payroll for the first pay period of the calendar month following the first date of employment in a position covered by this Agreement. 22.04 If the wages of an Employee payable for any period are insufficient to permit a full deduction, no such deduction will be made from the wages of such Employee by the Company on that payroll. The Company will not, because the Employee did not have sufficient wages on any payroll, carry forward and deduct from any subsequent wages the amount not deducted on an earlier payroll. 22.05 Only payroll deductions now or hereafter required by law and deductions of monies due or owing the Company shall be made from wages prior to the deduction of dues. 22.06 The amount so deducted from wages, accompanied by a statement of deductions from individuals, will be remitted by the Company to the Union, as may be mutually agreed by the Company and the Union not later than thirty (30) calendar days following the pay period in which the deductions are made. 22.07 The Company shall not be responsible for arrears. 22.08 The Company shall not be responsible financially, either to the Union or to any Employee, for any failure to make deductions or for making improper or inaccurate deductions or remittances. However, in any instance in which an error occurs in the amount of any deduction pursuant to this Article from an Employee's wages, the Company shall adjust it directly with the Employee. In the event of any mistake by the Company in the amount of its remittance to the Union, the Company shall adjust the amount in a subsequent remittance. The Company's liability for any and all amounts deducted pursuant to the provision of this Article shall terminate at the time it remits the amounts payable to the Union. 22.09 In the event of any action at law against the parties hereto resulting from any deduction or deductions made from payrolls or to be made by the Company pursuant to the first paragraph of this Article, both parties shall cooperate fully in the defense of such action. Each party shall bear its own cost of such defense, except that, if at the request of the Union, counsel fees are incurred, these shall be borne by the Union. Save as aforesaid, the Union shall indemnify and save harmless the Company from any losses, damages, costs, liability or expenses suffered or sustained by the Company as a result of any such deduction or deductions from payrolls. 22.10 Employees shall be provided with a T4 slip indicating the amount of Union dues deducted.

  • Salary Deductions Salaried employees (E-level classifications) who are permanently assigned to full-time job classifications are paid on a bi-weekly salary basis. Salaried employees are paid a bi-weekly salary based on a minimum of two (2) forty (40) hour workweeks. The bi-weekly salary received by salaried employees will not be reduced regardless of the number of hours the salaried employee actually works in any week in which the salaried employee performs any work except for the following deductions: (A) Deductions from a salaried employee's salary may be made for any workweek in which the salaried employee performs no work. (B) Deductions from a salaried employee's salary may be made when the employee absents himself from work for a full day or days for personal reasons, other than sickness or accident. This provision shall not prevent appropriate deductions from being made from any employee's vacation leave balance pursuant to Article 11 of this Agreement for absences of less than a day for personal reasons, other than sickness or accident. (C) Deductions from an employee's salary may be made when a salaried employee absents himself from work for a day (or days) for sickness or accident disability in accordance with the provisions of Articles 13 and 14 of this Agreement. (D) Deduction in a salaried employee's salary may be made for the initial or terminal week of the salaried employee if the salaried employee fails to work the entire workweek.

  • Employee Deductions A. Upon receipt of a written authorization voluntarily executed by an employee, the County will deduct monthly Association dues, if any, from the salary of an employee who so requests, and transmit said monies to the Association. The parties shall agree upon the form of the written authorization. B. The Association shall indemnify and hold the County harmless against any and all claims, demands, costs (including attorneys’ fees), suits, and all forms of liability and damages (including, but not limited to, compensatory, consequential and punitive damages) which arise or may arise out of or by reason of any action taken or not taken by the County pursuant to paragraph A above.

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