Financial Cap Sample Clauses

Financial Cap. (a) The first full year of this collective agreement shall constitute the base financial year (the “base financial year”).
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Financial Cap. Subject to clauses 12.1 and 12.2, our total aggregate liability to you in respect of any Contract Year in contract, tort (including negligence or breach of statutory duty, misrepresentation, restitution or otherwise), arising from or in connection with the performance or contemplated performance of this Framework and each Agreement (excluding liability under the indemnity in clause 9.3) shall be limited as follows: (a) in aggregate in relation to each Agreement, to the greater of (i) an amount equal to 100% of the total amount payable to us in the previous Contract Year and (ii) £25,000; and (b) in the aggregate under this Framework, to £1,000,000, so that under no circumstances will our total aggregate liability under or in relation to this Framework (including all Agreements) in a Contract Year exceed
Sample 1
Financial Cap. Notwithstanding anything to the contrary in this Agreement, the liability of the Approved Inspector under or in connection with this Agreement whether in contract or in tort [delict], in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed in aggregate the sum of ten times the total fee. If no amount is inserted above, the liability of the Approved Inspector shall not exceed in aggregate a multiple of ten times the total of the fees payable to the Approved Inspector by the Client.
Sample 1
Financial Cap. Subject to clauses 12.1 and 12.2, our total aggregate liability to you in respect of any Contract Year in contract, tort (including negligence or breach of statutory duty, misrepresentation, restitution or otherwise), arising from or in connection with the performance or contemplated performance of this Framework and each Agreement (excluding liability under the indemnity in clause 9.3) shall be limited as follows: (a) in aggregate inrelation to each Agreement, to the greater of (i) an amount equal to 100% of the total amount payable to us in the previous Contract Year and (ii) $25,000; and
Sample 1
Financial Cap. The first full year of this collective agreement shall constitute the base financial year (the “base financial All additional costs incurred by the Corporation as a result of the inclusion of rural and suburban mail carriers as employees shall be limited to twenty-nine million dollars ($29,000,000) in the first year (the “base financial year cap’?. The total cost to the Corporation in each twelve (12) month period following the base financial year, of all terms and conditions of this collective agreement, including as amended either through the Transition Committee, collective bargaining or otherwise, shall not exceed the base financial year cap plus an additional, cumulative amount of fifteen million dollars ($15,000,000) for each twelve (12) month period following the base financial year (the cap’?. The base financial year cap and financial cap shall include all expenses of the Corporation including salaries, costs related to all forms of leave, insurance premiums, employment insurance premiums, workers’ compensation costs, pension plan contributions, vehicle expenses, all amounts payable under this collective agreement and any other amount the parties agree to include. However, it is understood that costs resulting from an increase in mail volumes or point of call growth shall not be included in the financial cap. The financial cap shall bear the impact of a negotiated increase affecting the cost of growth in mail volumes or points of call. In the event the actual costs in any twelve (12) month period exceed the base financial year cap or the financial cap, the fifteen million dollars ($15,000,000) for the following year shall be reduced accordingly such that the financial cap is met. In the event that the costs agreed to by the parties in any twelve (12) month period are lower than the base year financial cap or the financial cap, the fifteen million dollars ($15,000,000) for the following fiscal year shall be upwardly adjusted accordingly.
Sample 1

Related to Financial Cap

  • Financial Capability At the Closing, the Investor shall have available funds necessary to consummate the Closing on the terms and conditions contemplated by this Agreement.

  • Financial Contractor shall provide all financial information requested on Contractor’s Annual Budget attached hereto and incorporated herein by reference as Appendix E and the Contractor’s Semi-Annual Budget Expenditures Report provided by the Board and attached hereto and incorporated herein by reference as Appendix F.

  • Financial Consequences The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor’s non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer’s resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received by the Contract Manager Contractor will timely submit completed MFMP Transaction Fee Reports All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $100 per Calendar Day late/not received by the Contract Manager Failure to timely provide Quarterly Sales Reports, transaction fee reports, or other reports as required will result in the imposition of financial consequences and repeated failures or non- payment of financial consequences owed under this Contract may result in the Contractor being found in default and the termination of the Contract. No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract.

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