Incentive and Damages Sample Clauses

Incentive and Damages. 11.6.1 In the event that the Availability in any month exceeds the Normative Availability, the Supplier shall, in lieu of a Fixed Charge, be entitled to an Incentive which shall be calculated and paid at the rate of 50 % (fifty per cent) of the Fixed Charge for Availability in excess of Normative Availability. Provided, however, that any Incentive hereunder shall be due and payable only to the extent of Despatch of the Power Station. For the avoidance of doubt and by way of illustration, in the event the Availability in any month shall exceed the Normative Availability by 3% (three per cent) of the Contracted Capacity but the Despatch during that month shall exceed 1% (one per cent) of the Contracted Capacity, the Incentive payable hereunder shall be restricted to such 1% (one per cent) only.
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Incentive and Damages. (GST will be applicable as per GST Act and its amendments thereof)
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Incentive and Damages. In the event that the Availability in any month exceeds the Normative Availability, the Concessionaire shall, be entitled to an Incentive which shall be calculated and paid at the rate of 75 % (Seventy Five percent) of the excess Power units generated for Availability in excess of Normative Availability subject to the prior agreement distribution licensee. Provided, however, that any Incentive hereunder shall be due and payable only to the extent of Despatch of the Renewable Hybrid Energy Project Facilities. For the avoidance of doubt and by way of illustration, in the event the Availability in any month shall exceed the Normative Availability by 3% (three per cent) of the Contracted Capacity but the Despatch recorded at metering point during that month shall exceed 1% (one per cent) of the Contracted Capacity; the Incentive payable hereunder shall be restricted to such 1% (one per cent) only.
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Incentive and Damages. 11.3.1 The Aggregator shall be entitled for incentive in the form of discount in tariff for higher off-take of power beyond 55% of the Contracted Capacity on monthly basis. Discount in tariff shall be at the rate of 1% of the tariff for every 5% incremental increase or part thereof in off-take beyond 55% of the Contracted Capacity. For the avoidance of doubt and by way of illustration, in case Utility off-takes 63% of the Contracted Capacity in a month and assuming Tariff payable by the Procurer for the accounting year is Rs. 2.50/kWh, then the Tariff payable by the Procurer for the energy supplied up to 55% of the Contracted Capacity shall be at the rate of Rs. 2.50/kWh, over 55% and up to 60% shall be Rs. 2.475/kWh and for the energy supplied over 60% and up to 63% shall be Rs. 2.475. However, if 65% is achieved, then over 60% and up to 65%, the tariff payable shall be Rs. 2.450/kWh.
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Incentive and Damages. 26.6.1 In the event that the Availability in any month exceeds the Normative Availability, the Concessionaire shall be entitled to an incentive which shall be calculated and paid on a pro rata basis in the same proportion as the Unitary Charge bears to the Normative Availability. For the avoidance of doubt and by way of illustration, the Parties agree that if the pro rata Unitary Charge for 1% (one per cent) of Normative Availability is Rs.x, the incentive payable for Availability of 0.7% (zero point seven per cent) in excess of Normative Availability shall be Rs. 0.7x. The Parties further agree that the incentive shall not be due or payable for more than 2% (two per cent) of the Normative Availability.
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Related to Incentive and Damages

  • Exclusion of Consequential and Related Damages IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that City may have under applicable law.

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

  • Liability and Damages The liability provisions of the Terms shall apply except as explicitly agreed otherwise in this DPA.

  • Excluded Damages To the extent permitted by Law, neither ServiceNow nor Customer will be liable to the other or any third party for lost profits (direct or indirect), for loss of use or data, or for any incidental, consequential, punitive, special, or exemplary damages (including damage to business, reputation or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable.‌

  • Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

  • Mutual Waiver of Consequential Damages In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.

  • Compensation for Damages 4.1 If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent Xxxxxxx Money Deposit/Bid Security.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

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