Common use of Distribution of Damages Clause in Contracts

Distribution of Damages. Where a member’s breach causes one or more other members to 42 harvest less than their harvest share, damages awarded to the sector under this provision shall first 43 be distributed pro rata among the members whose harvest was reduced, with each member 44 receiving a fraction of such funds, the numerator of which is the amount by which such member’s 45 catch was less than such member’s allocation or apportionment, and the denominator of which is 46 the sum of the aggregate amount of by which all members’ allocations or apportionments were 47 reduced as a result of the breach, up to the amount of loss suffered by each such member as the 1 result of the breach. Any damages awarded to the sector in excess of those distributed to other 2 members under this section, and any damages awarded in connection with a breach which does

Distribution of Damages. Where a memberMember’s breach causes one or more 21 other members Members to 42 harvest less than their harvest shareHarvest Share, damages awarded to the sector Sector under this 22 provision shall first 43 be distributed pro rata among the members Members whose harvest was reduced, with each member 44 23 Member receiving a fraction of such funds, the numerator of which is the amount by which such member24 Member’s 45 catch was less than such memberMember’s allocation or apportionment, and the denominator of 25 which is 46 the sum of the aggregate amount of by which all membersMembers’ allocations or apportionments were 47 26 reduced as a result of the breach, up to the amount of loss suffered by each such member Member as the 1 result 27 of the breach. Any damages awarded to the sector Sector in excess of those distributed to other 2 members Members 28 under this sectionSection, and any damages awarded in connection with a breach which doesdoes not cause any 29 other Member’s allocation or apportionment to be reduced, shall be retained by the Sector and applied 30 to the costs of Sector operations.

Distribution of Damages. Where a memberMember’s breach causes one or more 2 other members Members to 42 harvest less than their harvest shareHarvest Share, damages awarded to the sector Sector under this 3 provision shall first 43 be distributed pro rata among the members Members whose harvest was reduced, with each member 44 4 Member receiving a fraction of such funds, the numerator of which is the amount by which such memberMember’s 45 5 catch was less than such memberMember’s allocation or apportionment, and the denominator of which is 46 the 6 sum of the aggregate amount of by which all membersMembers’ allocations or apportionments were 47 reduced as a 7 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 in excess of those distributed to other 2 members under this section, and any damages awarded in connection with a breach which does.

Distribution of Damages. Where a memberMember’s breach causes one or more 21 other members Members to 42 harvest less than their harvest shareHarvest Share, damages awarded to the sector Sector under this 22 provision shall first 43 be distributed pro rata among the members Members whose harvest was reduced, with each member 44 23 Member receiving a fraction of such funds, the numerator of which is the amount by which such member24 Member’s 45 catch was less than such memberMember’s allocation or apportionment, and the denominator of 25 which is 46 the sum of the aggregate amount of by which all membersMembers’ allocations or apportionments 26 were 47 reduced as a result of the breach, up to the amount of loss suffered by each such member Member as the 1 27 result of the breach. Any damages awarded to the sector Sector in excess of those distributed to other 2 members 28 Members under this sectionSection, and any damages awarded in connection with a breach which doesdoes not 29 cause any other Member’s allocation or apportionment to be reduced, shall be retained by the Sector 30 and applied to the costs of Sector operations.

Distribution of Damages. Where a memberMember’s breach causes one or more 16 other members Members to 42 harvest less than their harvest shareHarvest Share, damages awarded to the sector Sector under this 17 provision shall first 43 be distributed pro rata among the members Members whose harvest was reduced, with each member 44 18 M 19 M 20 w ember receiving a fraction of such funds, the numerator of which is the amount by which such memberember’s 45 catch was less than such memberMember’s allocation or apportionment, and the denominator of which hich is 46 the sum of the aggregate amount of by which all membersMembers’ allocations or apportionments were 47 reduced 21 r educed as a result of the breach, up to the amount of loss suffered by each such member Member as the 1 result 22 of the breach. Any damages awarded to the sector Sector in excess of those distributed to other 2 members Members 23 under this sectionSection, and any damages awarded in connection with a breach which doesdoes 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 member’s breach causes one or more other members to 42 25 harvest less than their harvest share, damages awarded to the sector under this provision shall first 43 26 be distributed pro rata among the members whose harvest was reduced, with each member 44 27 receiving a fraction of such funds, the numerator of which is the amount by which such member’s 45 28 catch was less than such member’s allocation or apportionment, and the denominator of which is 46 29 the sum of the aggregate amount of by which all members’ allocations or apportionments were 47 30 reduced as a result of the breach, up to the amount of loss suffered by each such member as the 1 31 result of the breach. Any damages awarded to the sector in excess of those distributed to other 2 32 members under this section, and any damages awarded in connection with a breach which does