FINANCIAL REMEDIES. In addition to any other remedy under law, DFPS reserves the right to implement financial remedies based on monitoring or audit findings related to violations of this Contract’s requirements including recovery of all actual damages DFPS accrues as a result of a Xxxxxxx's noncompliance. As applicable to this Contract, additional financial remedies or liquidated damages may be provided for in this Contract’s Supplemental and Special Conditions.
FINANCIAL REMEDIES. In the event of any default, re-entry, expiration and/or dispossession by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of such re-entry, dispossession or expiration, together with such expenses Landlord may incur for legal expenses, attorneys’ fees, brokerage, and/or putting the Premises in good order; (ii) Landlord may re-let the Premises or any part or parts thereof; and/or (iii) Tenant shall also pay Landlord liquidated damages for his failure to observe and perform the covenants in this Lease. Landlord may, at his sole option, hold Tenant liable for any difference between the Rent payable under this Lease during the balance of the Lease Term, and any rent paid by a successive Tenant if the Premises are re-let. In the event that after default by Tenant Landlord is unable to re-let the Premises during
FINANCIAL REMEDIES. In the event of any default, re-entry, expiration and/or dispossession by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of such re-entry, dispossession or expiration, together with such expenses Landlord may incur for legal expenses, attorneys’ fees, brokerage, and/or putting the Premises in good order; (ii) Landlord may re-let the Premises or any part or parts thereof; and/or (iii) Tenant shall also pay Landlord liquidated damages
FINANCIAL REMEDIES. (a) If (i) the LDC’s FCR Progress is: (A) 35% to 50% during any of the years 2018 through 2020, or (B) less than or equal to 35% at any time during the term, and (ii) the LDC’s Program delivery was not cost effective for the purposes of article 5, then, subject to section 5.4(c), the IESO will accrue financial remedies in accordance with section 5.4(b).
(b) In the years where the IESO is entitled to accrue financial remedies under section 5.4(a), the accrual will be calculated as the dollar amount by which the Eligible Expenses would have to be reduced to result in Program delivery that is cost effective for the purposes of article 5. At the end of the term:
(i) if (A) the LDC’s FCR Progress is less than or equal to 50% of the portion of the CDM Plan Target allocated to Programs that receive full cost recovery funding, and (B) the LDC’s delivery of the full six-year CDM Plan is not cost effective for the purposes of article 5, then the IESO will be entitled to set off all accrued financial remedies against any payments due from the IESO to the LDC at that time under this Agreement, provided that where the accrued financial remedies are greater than the amount of such payments, the LDC will pay the balance of such accrued financial remedies to the IESO.
(ii) if (A) the LDC’s FCR Progress is greater than 50% of the portion of the CDM Plan Target allocated to Programs that receive full cost recovery funding, or (B) the delivery of the full six-year CDM Plan is cost effective for the purposes of article 5, then the IESO will release the LDC of its obligations with respect to all accrued financial remedies.
(c) At the Mid-Term Review, if (i) the average of FCR Progress of the LDC and all other distribution companies is less than 35% for the year 2015 through 2017, or (ii) the average of the LDC and all other distribution companies in the LDC’s planning region is less than 35% for the 2015 through 2017 years of the term, then the LDC may elect to receive Prospective Budget Adjustments in lieu of accruing additional financial remedies under this section 5.4 (to the extent applicable) in respect of the remainder of the term after the Mid-Term Review.
FINANCIAL REMEDIES. 10.2.1.1 Declare all outstanding Loans under all Loan Transaction Confirmations immediately due and payable.
10.2.1.2 Demand immediate repayment of all outstanding Loans under all Loan Transaction Confirmations.
10.2.1.3 Withhold future disbursements of Loan proceeds.
10.2.1.4 Offset any amounts owed by Borrower to Lender against any amounts owed by Xxxxxx to Borrower.
FINANCIAL REMEDIES. Exhibit C contains certain additional remedies for Failed and Defective Batches.
FINANCIAL REMEDIES. In connection with any default by Customer under Section 8.1 (whether or not cured by Customer), Xcel Energy may take any, or all of the following actions:
a) Seize the Resiliency Asset and repurpose it;
b) Seek damages in such amounts and on such basis for the default as authorized by this Agreement;
c) Draw any actual damages and other amounts due from Customer, from the Security Fund.
FINANCIAL REMEDIES. In connection with any default by Xcel Energy (whether or not cured by Xcel Energy), Customer may take any or all of the following actions:
a) Seek damages in such amounts and on such basis for the default as authorized by this Agreement; and/or
b) Offset against any payments due to Xcel Energy, any damages.
FINANCIAL REMEDIES. In the event of any default, expiration and/or dispossession by summary proceedings or otherwise; the Membership Dues up to the time of such re-entry, dispossession or expiration shall become due thereupon, and payable together with such costs Ground Floor may incur for legal expenses, attorney’s fees, brokerage, locksmith costs, and/or putting the Premises in good order.
FINANCIAL REMEDIES. In the event of any default, re-entry, expiration and/or dispossession by summary proceedings or otherwise, (i) the Rent shall become due thereupon and be paid up to the time of such re-entry, dispossession or expiration, together with such expenses Landlord may incur for legal expenses, attorneys' fees, brokerage, and/or putting the Premises in good order, and (ii) Landlord may re-let the Premises or any part or parts thereof. Landlord may, at its sole option, hold Tenant liable for any difference between the Rent payable under this Lease during the balance of the Lease Term, and any rent paid by a successive Tenant if the Premises are re-let. In the event that after default by Tenant Landlord is unable to re•let the Premises during any remaining term of this Lease, Landlord may at its option hold Tenant liable for the balance of the unpaid Rent under the Lease for the remainder of the Lease Term.
