Capital Recovery Sample Clauses

Capital Recovery. CAYUCOS and MORRO BAY shall consider establishment of a capital outlay fund for eventual replacement of the reconstructed wastewater treatment plant. If required by law to have such a fund, each party agrees to establish and maintain such a fund.
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Capital Recovery. Basis (using the Origin Point and Destination Point to determine the distance of a Forecast Movement and the Forecast of Annual Throughput or Adjusted Forecast of Annual Throughput (as applicable) to determine volume of a Forecast Movement); and a portion of the Total Shared Expenses (Terminal) equivalent to the MW Terminal Proportion shall be allocated to Montreal West and shall thereafter be allocated to each Forecast Movement in Montreal West on a Segment Volume Basis (using the Forecast of Annual Throughput or Adjusted Forecast of Annual Throughput (as applicable) to determine volume of a Forecast Movement)
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Capital Recovery. No Capital Recovery fee is charged to the JV since the value of the LVT facilities are donated as part of the agreement.
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Capital Recovery. The Capital Recovery Amount shall be paid by Buyer to Supplier based on a ten (10) year straight line amortization schedule that shall be updated annually to reflect the prime rate of interest in effect as of the date on which a Production Year during the ten (10) year period commencing on the Base Volume Production Date begins. At the beginning of each Production Year, the Capital Recovery Amount will be set on a per pound basis for such Production Year based upon the volume of Products produced during the immediately preceding Production Year. Actual payments of the Capital Recovery Amount shall be paid by Buyer to Supplier on a per SKU by weight basis as a charge included in the Price of the Products. Depending on the volume of the Products ordered by Buyer through the end of each Production Year, Supplier and Buyer agree to reconcile any underpayment or overpayment of the Capital Recovery Amount for such Production Year. If the volume set for a Production Year is not reached in that Production Year, the unamortized Capital Recovery Amount shall be promptly paid within thirty (30) days to Supplier. If the volume set for a Production Year is exceeded in that Production Year, the Supplier shall promptly, within thirty (30) days, provide a credit to the Buyer in the amount of the overpayment of the Capital Recovery Amount for such Production Year to be applied in the following Production Year.
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Related to Capital Recovery

  • Fee Recovery The Adviser shall be entitled to recover from the Fund, subject to approval by the Board of Trustees of the Trust, amounts waived or reimbursed by the Adviser with respect to the Fund pursuant to this Agreement for a period of up to three (3) years from the year in which the Adviser reduced its compensation and/or assumed expenses for the Fund.

  • Limit on Recovery Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.

  • Allocation of Recovery In the event an actual pecuniary loss is suffered by any two or more of the Insureds under circumstances covered by the terms of the Bond, any recovery under the Bond shall be allocated among such Insureds as follows:

  • No Circular Recovery Each Seller Party hereby agrees, and each of the Sellers by executing such Seller’s Letter of Transmittal agrees, that it will not make any claim for indemnification, contribution or advancement of expenses against any of the Buyer Parties or any Group Company by reason of the fact that such Seller was a controlling person, director, employee or Representative of a Group Company or was serving as such for another Person at the request of a Group Company (whether such claim is for Losses of any kind or otherwise and whether such claim is pursuant to any Legal Requirement, organizational document, Contract or otherwise) with respect to any claim brought by an Indemnified Person against any Seller under this Agreement or the facts and circumstances underlying any such claim brought by an Indemnified Party or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactions. With respect to any claim brought by an Indemnified Person against any Seller under this Agreement or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactions, each Seller expressly waives any right of subrogation, contribution, advancement, indemnification or other claim against any Group Company with respect to any amounts owed by such Seller pursuant to this Article 10 or otherwise.

  • Disaster Recovery PFPC shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provisions for emergency use of electronic data processing equipment to the extent appropriate equipment is available. In the event of equipment failures, PFPC shall, at no additional expense to the Fund, take reasonable steps to minimize service interruptions. PFPC shall have no liability with respect to the loss of data or service interruptions caused by equipment failure, provided such loss or interruption is not caused by PFPC's own willful misfeasance, bad faith, gross negligence or reckless disregard of its duties or obligations under this Agreement.

  • Liquidation etc As long as the Class B Distribution and Service Plan is in effect, the Series shall not change the manner in which the Distribution Fee is computed (except as may be required by a change in applicable law after the date hereof) or adopt a plan of liquidation without the consent of the Distributor (or any designee or transferee of the Distributor's rights to receive payment hereunder in respect of Class B shares) except in circumstances where a surviving entity or transferee of the Series' assets adopts the Class B Distribution and Service Plan and assumes the obligations of the Series to make payments to the Distributor (or its transferee) hereunder in respect of Class B shares.

  • Allocation of Recoveries (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.

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