Determination of penalties and of the Payback Obligation Sample Clauses

Determination of penalties and of the Payback Obligation. 5.2.1. Financial Penalties determined during the Pre-delivery Period
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Determination of penalties and of the Payback Obligation. 5.2.1. Financial Penalties determined during the Pre-delivery Period 5.2.1.1. In accordance with Chapter 8 of the Functioning Rules, when XXXX identifies a Missing Volume (MW) per Contracted Capacity, XXXX applies Financial Penalties to the CAPACITY PROVIDER as set out in paragraph 5.3.1 and Article 6 and within the limits of section 8.4.3 of the Functioning Rules. 5.2.2. Unavailability Penalties determined during the Delivery Period 5.2.2.1. In accordance with Chapter 9 of the Functioning Rules, when XXXX determines a Missing Capacity (MW) for the CMU for one month of the Transaction included in Annex A.1, Xxxx applies Unavailability Penalties to the CAPACITY PROVIDER for the month in question, in accordance with paragraph 5.3.2 and Article 6. 5.2.2.2. The total amount of the Unavailability Penalties that the CAPACITY PROVIDER may be charged for the CMU, both monthly and annually, for its Transaction(s) on the Primary Market or for its Transaction(s) resulting from the Secondary Market, for which the Transaction Period covers one (or more) full Delivery Period(s), is limited in accordance with section 9.6.2 of the Functioning Rules. 5.2.3. Payback Obligation determined during the Delivery Period and Stop-Loss 5.2.3.1. In accordance with section 12.4 of the Functioning Rules, the Payback Obligation(s) linked to a Transaction is applied by XXXX to the CAPACITY PROVIDER as set out in paragraph 5.3.2 and in Article 6. 5.2.3.2. For a Transaction for which the Transaction Period corresponds to one (or more) full Delivery Period(s), the total of the Payback Obligations applied by XXXX for this Transaction to the CAPACITY PROVIDER cannot exceed, over a Delivery Period, the Stop-Loss Amount for that Transaction, as defined in the Functioning Rules, section 12.3.3.
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Related to Determination of penalties and of the Payback Obligation

  • Payment of Stipulated Penalties EPA may send Purchaser a demand for stipulated penalties. The demand will include a description of the noncompliance and will specify the amount of the stipulated penalties owed. Purchaser may initiate dispute resolution under Section XIII regarding the demand. Purchaser shall pay the amount demanded or, if Purchaser initiates dispute resolution, the uncontested portion of the amount demanded, within 30 days after receipt of the demand. Purchaser shall pay the contested portion of the penalties determined to be owed, if any, within 30 days after the resolution of the dispute. Each payment for: (a) the uncontested penalty demand or uncontested portion, if late, and; (b) the contested portion of the penalty demand determined to be owed, if any, must include an additional amount for Interest accrued from the date of receipt of the demand through the date of payment. Purchaser shall make payment at xxxxx://xxx.xxx.xxx using the link for “EPA Miscellaneous Payments Cincinnati Finance Center,” including a reference to the CERCLA docket number and Site/Spill ID number listed in ¶ 92, and the purpose of the payment. Purchaser shall send a notice of this payment to DOJ and EPA. The payment of stipulated penalties and Interest, if any, does not alter any obligation by Purchaser under this Settlement. Nothing in this Settlement limits the authority of the United States: (a) to seek any remedy otherwise provided by law for Purchaser’s failure to pay stipulated penalties or interest; or (b) to seek any other remedies or sanctions available by virtue of Purchaser’s noncompliance with this Settlement or of the statutes and regulations upon which it is based including penalties under section 106(b) of CERCLA provided, however, that the United States may not seek civil penalties under section 106(b) for any noncompliance for which a stipulated penalty is provided herein, except in the case of a willful noncompliance with this Settlement or in the event that EPA assumes performance of a portion or all of the Work pursuant to ¶ 30 (Work Takeover). Notwithstanding any other provision of this Section, the United States may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued under this Settlement.

  • DETERMINATION OF DISPUTES Any dispute arising under this Section 2.6 shall be resolved pursuant to the dispute resolution procedures of Article 7.

  • Requesting Reimbursement Requests for reimbursements must be submitted via the ASAP system. Requests for reimbursement should coincide with normal billing patterns. Each request must be limited to the amount of disbursements made for the Federal share of direct project costs and the proportionate share of allowable indirect costs incurred during that billing period.

  • Deviation from Grievance Procedure The Employer agrees that, after a grievance has been discussed at Step 2 of the grievance procedure the Employer or his representatives shall not initiate any discussion or negotiations with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the xxxxxxx or the Union.

  • Prepayment Penalties 4. Any provisions in your consumer credit contract, loan, security, or account agreements that are determined to be inconsistent with or contradictory to these disclosures or the MLA (as they may be changed or amended from time to time) are inapplicable with regard to this loan. However, all other terms and conditions of the consumer credit contract shall remain in full force and effect.

  • ADVANCE PAYMENT PROHIBITED Except as authorized by law, Contractor shall not request or receive advance payment for any Goods and/or Services furnished by Contractor pursuant to this Contract.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.d, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that GSK has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

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