Common use of Distribution of Damages Clause in Contracts

Distribution of Damages. Where a Member’s breach causes one or more other Members to harvest less than their Harvest Share, damages awarded to the Sector under this provision shall first be distributed pro rata among the Members whose harvest was reduced, with each Member receiving a fraction of such funds, the numerator of which is the amount by which such Member’s catch was less than such Member’s allocation or apportionment, and the denominator of which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result of the breach. Any damages awarded to the Sector in excess of those distributed to other Members under this Section, and any damages awarded in connection with a breach which does not cause any other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 17 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 18 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 19 Member receiving a fraction of such funds, the numerator of which is the amount by which such 20 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 21 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 22 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 23 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 24 under this Section, and any damages awarded in connection with a breach which does not cause any 25 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 26 to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 10 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 11 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 12 Member receiving a fraction of such funds, the numerator of which is the amount by which such 13 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 14 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 15 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 16 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 17 under this Section, and any damages awarded in connection with a breach which does not cause any 18 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 19 to the costs of Sector operations.

Distribution of Damages. Where a Membermember’s breach causes one or more other Members members to 45 harvest less than their Harvest Shareharvest share, damages awarded to the Sector sector under this provision shall first 46 be distributed pro rata among the Members members whose harvest was reduced, with each Member member 47 receiving a fraction of such funds, the numerator of which is the amount by which such Membermember’s 1 catch was less than such Membermember’s allocation or apportionment, and the denominator of which is 2 the sum of the aggregate amount of by which all Membersmembers’ allocations or apportionments were 3 reduced as a result of the breach, up to the amount of loss suffered by each such Member member as the 4 result of the breach. Any damages awarded to the Sector sector in excess of those distributed to other Members 5 members under this Sectionsection, and any damages awarded in connection with a breach which does 6 not cause any other Membermember’s allocation or apportionment to be reduced, shall be retained by the Sector 7 sector and applied to the costs of Sector sector operations.

Distribution of Damages. Where a Member’s breach causes one or more other 2 Members to harvest less than their Harvest Share, damages awarded to the Sector under this provision 3 shall first be distributed pro rata among the Members whose harvest was reduced, with each Member 4 receiving a fraction of such funds, the numerator of which is the amount by which such Member’s catch 5 was less than such Member’s allocation or apportionment, and the denominator of which is the sum of 6 the aggregate amount of by which all Members’ allocations or apportionments were reduced as a result 7 of the breach, up to the amount of loss suffered by each such Member as the result of the breach. Any 8 damages awarded to the Sector in excess of those distributed to other Members under this Section, and 9 any damages awarded in connection with a breach which does not cause any other Member’s allocation 10 or apportionment to be reduced, shall be retained by the Sector and applied to the costs of Sector 11 operations.

Distribution of Damages. Where a Member’s breach causes one or more 12 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 13 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 14 Member receiving a fraction of such funds, the numerator of which is the amount by which such 15 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 16 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 17 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 18 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 19 under this Section, and any damages awarded in connection with a breach which does not cause any 20 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 21 to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 13 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 14 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 15 Member receiving a fraction of such funds, the numerator of which is the amount by which such 16 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 17 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 18 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 19 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 20 under this Section, and any damages awarded in connection with a breach which does not cause any 21 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 22 to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 2 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 3 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 4 Member receiving a fraction of such funds, the numerator of which is the amount by which such 5 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 6 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 7 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 8 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 9 under this Section, and any damages awarded in connection with a breach which does not cause any 10 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 11 to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 23 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 24 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 25 Member receiving a fraction of such funds, the numerator of which is the amount by which such 26 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 27 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 28 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 29 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 30 under this Section, and any damages awarded in connection with a breach which does not cause any 1 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 2 to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 8 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 9 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 10 Member receiving a fraction of such funds, the numerator of which is the amount by which such 11 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 12 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 13 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 14 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 15 under this Section, and any damages awarded in connection with a breach which does not cause any 16 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 17 to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 4 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 5 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 6 Member receiving a fraction of such funds, the numerator of which is the amount by which such 7 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 8 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 9 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 10 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 11 under this Section, and any damages awarded in connection with a breach which does not cause any 12 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 13 to the costs of Sector operations.

Distribution of Damages. Where a Member’s breach causes one or more other 30 Members to harvest less than their Harvest Share, damages awarded to the Sector under this provision 31 shall first be distributed pro rata among the Members whose harvest was reduced, with each Member 1 receiving a fraction of such funds, the numerator of which is the amount by which such Member’s catch 2 was less than such Member’s allocation or apportionment, and the denominator of which is the sum of 3 the aggregate amount of by which all Members’ allocations or apportionments were reduced as a result 4 of the breach, up to the amount of loss suffered by each such Member as the result of the breach. Any 5 damages awarded to the Sector in excess of those distributed to other Members under this Section, and 6 any damages awarded in connection with a breach which does not cause any other Member’s allocation 7 or apportionment to be reduced, shall be retained by the Sector and applied to the costs of Sector Xxxxxx 0 operations.

Distribution of Damages. Where a Membermember’s breach causes one or more other Members members to 42 harvest less than their Harvest Shareharvest share, damages awarded to the Sector sector under this provision shall first 43 be distributed pro rata among the Members members whose harvest was reduced, with each Member member 44 receiving a fraction of such funds, the numerator of which is the amount by which such Membermember’s 45 catch was less than such Membermember’s allocation or apportionment, and the denominator of which is 46 the sum of the aggregate amount of by which all Membersmembers’ allocations or apportionments were 47 reduced as a result of the breach, up to the amount of loss suffered by each such Member member as the 1 result of the breach. Any damages awarded to the Sector sector in excess of those distributed to other Members 2 members under this Sectionsection, and any damages awarded in connection with a breach which does 3 not cause any other Membermember’s allocation or apportionment to be reduced, shall be retained by the Sector 4 sector and applied to the costs of Sector sector operations.

Distribution of Damages. Where a Member’s breach causes one or more 16 other Members to harvest less than their Harvest Share, damages awarded to the Sector under this 17 provision shall first be distributed pro rata among the Members whose harvest was reduced, with each 18 Member receiving a fraction of such funds, the numerator of which is the amount by which such 19 Member’s catch was less than such Member’s allocation or apportionment, and the denominator of 20 which is the sum of the aggregate amount of by which all Members’ allocations or apportionments were 21 reduced as a result of the breach, up to the amount of loss suffered by each such Member as the result 22 of the breach. Any damages awarded to the Sector in excess of those distributed to other Members 23 under this Section, and any damages awarded in connection with a breach which does not cause any 24 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 25 to the costs of Sector operations.

Distribution of Damages. Where a Membermember’s breach causes one or more other Members members to harvest less than their Harvest Shareharvest share, damages awarded to the Sector sector under this provision shall first be distributed pro rata among the Members members whose harvest was reduced, with each Member member receiving a fraction of such funds, the numerator of which is the amount by which such Membermember’s catch was less than such Membermember’s allocation or apportionment, and the denominator of which is the sum of the aggregate amount of by which all Membersmembers’ allocations or apportionments were reduced as a result of the breach, up to the amount of loss suffered by each such Member member as the result of the breach. Any damages awarded to the Sector sector in excess of those distributed to other Members members under this Sectionsection, and any damages awarded in connection with a breach which does not cause any other Membermember’s allocation or apportionment to be reduced, shall be retained by the Sector sector and applied to the costs of Sector sector operations.