Giving of Relief and Compensation Sample Clauses

Giving of Relief and Compensation. In the event that Developer has complied with its obligations under Section 12.2.2 (Procedure for Relief and Compensation), then: 12.2.3.1 in the case of a delay as demonstrated pursuant to Section 12.2.2: (a) the Construction Commencement Deadline; and/or (b) the D&C Work Completion Deadline or (following the D&C Work Completion Deadline) the Long Stop Deadline, shall be extended by such time as shall be reasonable for such a Compensation Event but only to the extent that Developer demonstrates to the Authority by way of Time Impact Analysis (based on the Project Working Schedule mostly recently agreed pursuant to Section 0.3.2 of the General Conditions) that the relevant Compensation Event will result in an identifiable and measurable disruption to the Work, which will impact a Critical Path activity (i.e. would consume all available float and would extend the time required to achieve commencement of Construction Work, or Substantial Completion, Final Acceptance or D&C Work Completion, as applicable); 12.2.3.2 in the case of: (a) Capital Expenditure incurred by Developer at any time; or (b) any other Change in Costs arising prior to Substantial Completion, then, the Authority shall, within twenty (20) Business Days of its receipt of a written demand by Developer (supported by all relevant information), compensate Developer for the relevant Capital Expenditure or Change in Costs (each as adjusted to reflect the actual costs incurred by Developer or Borrower, as the case may be) that Developer or Borrower, as the case may be, incurs as a direct result of the relevant Compensation Event, provided that if the Authority agrees to make a one-off lump-sum payment in respect of Capital Expenditure to be incurred in the future, such payment shall be equal to the net present value of all future Capital Expenditure, with the then applicable yield on two- year U.S. Treasury bonds to be used as the discount rate; 12.2.3.3 in the case of any Financing Costs incurred by Developer or Borrower, the Authority shall compensate Developer in accordance with Section 12.2.6 (Financing Costs); 12.2.3.4 to the extent that any Noncompliance Event or Closure would, but for the occurrence of the Compensation Event, have not occurred, such Noncompliance Event or Closure shall, for the purposes of this Agreement, be deemed to have not occurred; 12.2.3.5 in the case of any Change in Costs that are not the subject of Section 12.2.3.2, the Authority shall compensate Developer in accorda...
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Giving of Relief and Compensation. In the event that the Contractor has complied with its obligations under clause 15.2 (Procedure for Relief and Compensation), then: 15.3.1 in the case of a delay: 15.3.1.1 the Services Commencement Date; 15.3.1.2 any date specified in a RRAPP Band Deactivation Notice for an increase in the number of any Available Prisoner Places; and/or 15.3.1.3 any date specified in a RRAPP Band Activation Notice for a reduction in the number of any Available Prisoner Places; shall be postponed by such time as shall be reasonable for such a Compensation Event, taking into account the likely effect of the delay; 15.3.2 the period referred to in paragraph (i) of the definition of Contractor Default, shall be extended by such time as shall be reasonable for such a Compensation Event, taking into account the likely effect of delay; 15.3.3 in the case of: 15.3.3.1 an additional cost being incurred by the Contractor as a result of Capital Expenditure being incurred by the Contractor at any time the Authority shall compensate the Contractor for the actual Change in Costs as adjusted to reflect the actual costs reasonably incurred (to the extent they could not reasonably have been mitigated); or 15.3.3.2 a payment of compensation for the Change in Costs that does not result in Capital Expenditure being incurred by the Contractor as referred to in clause 15.3.
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Giving of Relief and Compensation but which reflects a change in the costs being incurred by the Contractor during the Custodial Service Period; the Authority shall compensate the Contractor either (at its sole discretion): (a) by an adjustment to the Contract Price in accordance with (b) on a lump sum basis; and
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Giving of Relief and Compensation. In the event that the Contractor has complied with its obligations under clause 16.6 (Procedure for Relief and Compensation), then:
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Giving of Relief and Compensation. In the event that the Operator Partner has complied with its obligations under Clause 28.2, then:
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Giving of Relief and Compensation. In the event that the Concessionaire has complied with its obligations under clause 12.2.3, then to the extent the relief or compensation could not reasonably have been mitigated and without double counting:
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Giving of Relief and Compensation. In the event that the Contractor has complied with its obligations under clause 16.6 (Procedure for relief and compensation), then: 16.7.1 the relevant Planned Refurbishment Completion Date shall be postponed by such time as shall be reasonable for such a Compensation Event, taking into account the likely effect of delay, 16.7.2 in the case of an additional cost being incurred by the Contractor: a in relation to a Dwelling or Property, on or before the Planned Refurbishment Completion Date for that Dwelling or Property, or b as a result of Capital Expenditure being incurred by the Contractor at any time, the Authority shall compensate the Contractor for the actual Estimated Change in Project Costs as adjusted to reflect the actual costs reasonably incurred within twenty (20) Working Days of its receipt of a written demand by the Contractor supported by all relevant information, 16.7.3 in the case of a payment of compensation for the Estimated Change in Project Costs that does not result in Capital Expenditure being incurred by the Contractor referred to in clause 16.7 (Giving of relief and compensation) but which reflects a change in the costs being incurred by the Contractor after a Planned Refurbishment Completion Date, the Authority shall compensate the Contractor in accordance with clause 16.616.10 (Method of calculating compensation) by an adjustment to the Unitary Charge in accordance with clause 65 (Financial adjustments), and/or 16.7.4 the Authority shall give the Contractor such relief from its obligations under this Agreement as is reasonable for such a Compensation Event.
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Giving of Relief and Compensation. In the event that the Contractor has complied with its obligations under clause 15.2 (Procedure for Relief and Compensation), then: in the case of a delay, the Services Commencement Date shall be postponed by such time as shall be reasonable for such Compensation Event, taking into account the likely effect of the delay;
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Giving of Relief and Compensation. ‌ In the event that the Contractor has complied with its obligations under clause 16.6 (Procedure for Relief and Compensation), then: 16.7.1 in the case of a delay, the Planned Services Commencement Date shall be postponed by such time or the relevant Milestone(s) shall be amended as shall be reasonable for such a Compensation Event, taking into account the likely effect of delay; 16.7.2 in the case of an additional cost being incurred or revenue being lost by the Contractor: 16.7.2.1 in relation to a Dwelling, on or before the Planned Services Commencement Date (as the case may be) for that Dwelling; or 16.7.2.2 as a result of Capital Expenditure being incurred by the Contractor at any time, the City Council shall compensate the Contractor for the actual Estimated Change in Project Costs as adjusted to reflect the actual costs reasonably incurred and without double counting, for revenue actually lost (to the extent it could not reasonably have been mitigated), within twenty (20) Working Days of its receipt of a written demand by the Contractor supported by all relevant information; 16.7.3 in the case of a payment of compensation for the Estimated Change in Project Costs and/or without double counting, loss of revenue that does not result in Capital Expenditure being incurred by the Contractor referred to in clause 16.7 (Giving of Relief and Compensation) but which reflects a change in the costs being incurred by the Contractor after the Planned Services Commencement Date, the City Council shall compensate the Contractor in accordance with clause 16.10 (Method of Calculating Compensation) by an adjustment to the Unitary Charge in accordance with clause 67 (Financial Adjustments); and/or‌ 16.7.4 the City Council shall give the Contractor such relief from its obligations under this Agreement as is reasonable for such a Compensation Event.
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Related to Giving of Relief and Compensation

  • Extra Compensation The Board shall pay no fees, other than described above, to the PA/E unless authorized by the Board as follows: A. If the scope of the Project or site is changed, the Board and the PA/E shall negotiate a reasonable fee based upon the probable estimated construction cost in changing the scope of the work and the approximate percentage of the estimated construction cost which was used to negotiate this Agreement if, and, as such may be applicable. B. If the DOE or Board requires the PA/E to make major or costly changes to the Schematic, Preliminary or Construction Document Phase submittals, which changes are not caused by architectural or engineering error or oversight, the PA/E shall be paid to redesign for additional expenses in an amount agreed to by the parties. Under no circumstances will the principals of the PA/E and the principals of his consultants be paid a fee in excess of $125.00 per hour.

  • COMPENSATION OF ULTIMUS The Trust, on behalf of each Fund, shall pay for the services to be provided by Ultimus under this Agreement in accordance with, and in the manner set forth in, Schedule B attached hereto, as such Schedule may be amended from time to time. If this Agreement becomes effective subsequent to the first day of a month or terminates before the last day of a month, Ultimus’ compensation for that part of the month in which the Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Payment of Ultimus’ compensation for the preceding month shall be made promptly.

  • Employment and Compensation The following terms and conditions will govern the Executive’s employment with the Company throughout the Term.

  • Other Compensation and Fringe Benefits In addition to any executive bonus, pension, deferred compensation and long-term incentive plans which the Company or an affiliate of the Company may from time to time make available to the Employee, the Employee shall be entitled to the following during the Employment Term: (a) the standard Company benefits enjoyed by the Company’s other top executives as a group; (b) medical and other insurance coverage (for the Employee and any covered dependents) provided by the Company to its other top executives as a group; (c) supplemental disability insurance sufficient to provide two-thirds of the Employee’s pre-disability Annual Base Salary; (d) an annual incentive bonus opportunity under the Company’s annual incentive plan (“Annual Bonus Plan”) for each calendar year included in the Employment Term, with such opportunity to be earned based upon attainment of performance objectives established by the Committee (“Annual Bonus”). The Employee’s target Annual Bonus under the Annual Bonus Plan shall be no less than 150% of the Employee’s Annual Base Salary (collectively, the target and maximum are referred to as the “Annual Bonus Opportunity”). The Employee’s Annual Bonus Opportunity may be periodically reviewed and increased (but not decreased without the Employee’s express written consent) at the discretion of the Committee. The Annual Bonus shall be paid no later than the March 15th first following the calendar year to which the Annual Bonus relates. Unless provided otherwise herein or the Board determines otherwise, no Annual Bonus shall be paid to the Employee unless the Employee is employed by the Company, or an affiliate thereof, on the Annual Bonus payment date; and (e) participation in the Company’s equity incentive plans.

  • Other Compensation or Benefits You acknowledge that, except as expressly provided in this Agreement, you will not receive any additional compensation, severance or benefits after the Separation Date.

  • Termination Compensation Termination Compensation equal to two (2) times the Executive's Base Period Income shall be paid to the Executive in a single sum payment in cash on the thirtieth (30th) business day after the later of (a) the Control Change Date and (b) the date of the Executive's employment termination; provided that if at the time of the Executive's termination of employment the Executive is a Specified Employee, then payment of the Termination Compensation to the Executive shall be made on the first day of the seventh (7th) month following the Executive's employment termination.

  • Compensation for Overtime Assigned overtime is designated as those hours over the regular hours of work which are requested of the employee by management. Assigned overtime worked shall be paid at the rate of time and one-half (1 1/2).

  • REFUND OF UNEARNED COMPENSATION The Party of the Second Part agrees to refund the Party of the First Part any compensation received for which no services were rendered. TERMINATION: This contract may be terminated by either party pursuant to law. OTHER CONDITIONS: Any subsequent contracts shall supersede the provisions of this contract. PARTIES: The Fort Xxxxx School District 100, Party of the First Part, and XXXXX XXXXX XXXXX Party of the Second Part, agree as follows:

  • Cash and Incentive Compensation (a) All payments referenced in this Agreement are subject to applicable tax withholdings and authorized or required deductions.

  • Other Compensation and Benefits Except as may be provided under this Agreement, any benefits to which Executive may be entitled through the date of Executive’s termination pursuant to the plans, policies and arrangements referred to in Section 4(d) shall be determined and paid in accordance with the terms of such plans, policies and arrangements, and except as otherwise provided by this Agreement, Executive shall have no right to receive any other compensation, or to participate in any other plan, arrangement or benefit, with respect to future periods after such termination or resignation.

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