Liquidated Damages Calculation Sample Clauses

Liquidated Damages Calculation. The liquidated damages amount for each pound by which a Member’s harvest of an Allocated Species exceeds such Member’s Harvest Share for such species shall be the relevant Base Value, multiplied by the relevant liquidated damages multiplier. The liquidated damages amounts for breaches of this Agreement, other than over‐harvest of a Member’s Harvest Share shall be as provided on Exhibit D.
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Liquidated Damages Calculation. The liquidated damages amount for each pound by 33 which a member’s harvest of an allocated species exceeds such member’s harvest share for such 34 species shall be the average inter-sector lease market listing price from two months previous 35 multiplied by a multiplier of three or more as determined by the Enforcement Committee. The
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Liquidated Damages Calculation. I. Equation and Formulas for Calculating RA Deficiency Amount As provided in Section 3.3(e)(ii)(B), the formula for calculating the RA Deficiency Amount in a given RA Shortfall Month is: Where the: A. RA Value shall be $4,010/MW/Month in calendar year 2017 and shall escalate at 2.5% per year for each succeeding calendar year; [PG&E may update to 2020 as base year] and B. Expected Net Qualifying Capacity for projects that selected Full Capacity Deliverability Status shall be the product of the Contract Capacity and the applicable monthly Qualifying Capacity factor in the table below; or C. Expected Net Qualifying Capacity for Projects seeking Partial Capacity Deliverability Status shall be the product of the Partial Capacity Deliverability Status Amount and the applicable monthly Qualifying Capacity factor in the table below.. Jan 0.0% Feb 2.4% March 10.4% April 33.2% May 30.5% June 44.8% July 41.7% Aug 41.0% Sept 33.4% Oct 29.4% Nov 4.1% Dec 0.0%
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Liquidated Damages Calculation. (a) In the event that the sum of (a) the Equivalent Forced Outages Energy plus (b) the Maintenance Outages Energy plus (c) Scheduled Outages Energy, shall exceed X MWh in an Operating Year (where X equals the Average Dependable Capacity for the Operating Year multiplied by seven hundred fifty (750) hours and in the case of an Operating Year in which a Major Overhaul is conducted, one thousand three hundred (1300) hours), the BOT Company shall owe EVN, as liquidated damages, the Capacity Damages Charge multiplied by ((a + b + c) - X) as a refund of Capacity Charges for that Operating Year.
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Liquidated Damages Calculation. 15 (c) NHG'S RIGHTS....................................................15 (d) SECTION'S APPLICATION LIMITATION................................16 (e) PARTIES' INITIALS...............................................16
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Liquidated Damages Calculation. Not Applicable since there will be no‐ 24 active vessels in FY 2018
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Liquidated Damages Calculation. THE PARTIES AGREE THAT IN THE EVENT THAT THE CLOSING FAILS TO OCCUR BY REASON OF A LIQUIDATED DAMAGES EVENT, THE DAMAGES TO NHG WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN, AND THAT THEREFORE, THE LIQUIDATED DAMAGES AMOUNT IS A REASONABLE ESTIMATE OF THE DAMAGES TO NHG, INCLUDING (WITHOUT LIMITATION) COSTS OF NEGOTIATING AND DRAFTING THIS AGREEMENT, DAMAGES TO NHG'S BUSINESS AND EMPLOYEE RELATIONS, COSTS OF SATISFYING CONDITIONS TO CLOSING, OPPORTUNITY COSTS IN KEEPING NHG OUT OF THE MARKETPLACE, AND OTHER COSTS INCURRED IN CONNECTION HEREWITH. THE PARTIES AGREE THAT SAID SUM SHALL BE THE SOLE DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY OF NHG, LEGAL, EQUITABLE OR OTHERWISE, WITH RESPECT TO THE FAILURE OF THE CLOSING TO OCCUR DUE TO A LIQUIDATED DAMAGES EVENT. (P) NHG'S RIGHTS. WITHOUT LIMITING NHG'S RIGHTS TO PURSUE CAPITAL DIRECTLY FOR CASH EQUAL TO THE LIQUIDATED DAMAGES AMOUNT, NHG SHALL BE ENTITLED TO BE PAID, OUT OF THE ACTUAL DEPOSIT HELD AND/OR PREVIOUSLY DISTRIBUTED TO NHG BY THE DEPOSIT ESCROW AGENT, THE LIQUIDATED DAMAGES AMOUNT TO SATISFY CAPITAL'S OBLIGATION TO PAY LIQUIDATED DAMAGES. IF NHG IS ENTITLED TO COLLECT LIQUIDATED DAMAGES FROM CAPITAL AND ELECTS TO DO SO BY OBTAINING THE LIQUIDATED DAMAGES AMOUNT OUT OF THE ACTUAL DEPOSIT, NHG SHALL RETAIN ALL OR ANY PORTION OF THE ACTUAL DEPOSIT PREVIOUSLY DELIVERED TO NHG, AND THE DEPOSIT ESCROW AGENT SHALL DELIVER THE REMAINDER OF THE LIQUIDATED DAMAGES AMOUNT OUT OF THE BALANCE OF THE ACTUAL DEPOSIT THEN HELD BY THE DEPOSIT ESCROW AGENT IN ACCORDANCE WITH THE FOLLOWING PROCEDURE. NO LATER THAN TEN (10) DAYS AFTER THE CLOSING DEADLINE, NHG SHALL DELIVER TO THE DEPOSIT ESCROW AGENT AND CAPITAL NHG'S AFFIDAVIT STATING UNDER PENALTY OF PERJURY THAT THE CLOSING WILL FAIL OR HAS FAILED TO OCCUR BY REASON OF A LIQUIDATED DAMAGES EVENT, AND THAT NHG IS ENTITLED TO THE LIQUIDATED DAMAGES AMOUNT, AND THE DEPOSIT ESCROW AGENT SHALL AUTOMATICALLY, AFTER EXPIRATION OF FIVE (5) DAYS FROM THE DATE OF ITS RECEIPT OF NHG'S AFFIDAVIT, DISBURSE THE BALANCE OF THE LIQUIDATED DAMAGES AMOUNT THEN HELD BY THE DEPOSIT ESCROW AGENT OUT OF THE ACTUAL DEPOSIT TO NHG, UNLESS WITHIN SUCH FIVE (5) DAY PERIOD, CAPITAL DELIVERS TO THE DEPOSIT ESCROW AGENT AND NHG CAPITAL'S AFFIDAVIT STATING UNDER PENALTY OF PERJURY THAT THE CLOSING WILL NOT FAIL OR HAS NOT FAILED TO OCCUR BY REASON OF A LIQUIDATED DAMAGES EVENT, AND THAT NHG IS NOT ENTITLED TO THE LIQUIDATED DAMAGES AMOUNT. IF CAPITAL SO DELIVERS SUCH AFFIDAVIT W...
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Liquidated Damages Calculation. The amounts due under Exhibit 6.2 as the Liquidated Damages are for and in consideration of the damage that all parties acknowledge Parent and Administrator will suffer immediately upon the breach of Exhibit 6.2 and the relevant provisions of this Agreement, the actual amount of which are virtually impossible to determine. The Liquidated Damages are intended to compensate Parent and Administrator for the lost opportunity and for costs associated with this Agreement that they would not have incurred but for the Group Physician Stockholder’s, Full-time Physician Employee’s and the Group’s representations and covenants hereunder. The Liquidated Damages hereunder shall be cumulative and in addition to whatever other remedies Parent or Administrator may possess pursuant to this Agreement. Nothing herein, nor any recovery under Exhibit 6.2, shall preclude Parent or Administrator from (A) obtaining an injunction restraining any future violations of Exhibit 6.2 or this Agreement; or (B) receiving other damages or relief for future injuries that occur and can be determined subsequent to any such violation or breach of Exhibit 6.2 or the Agreement.
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Liquidated Damages Calculation. The liquidated damages amount for each
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Related to Liquidated Damages Calculation

  • Liquidated Damages for Delay In addition to the Contractor bearing the actual cost of correcting any non-compliant work or any other actual damages resulting from Contractor’s breach of this Agreement, the Contractor agrees to pay the Contractor delay damages in the amount of $500.00 per day for every day that the goods and/or services to be provided pursuant to this Agreement have not been timely delivered to the District in compliance with the Scope of Services set forth above, unless the delay has been properly excused by the terms of this Agreement. The parties agree that the District’s actual damages for delay are difficult to estimate and that this $500.00 per day sum is a reasonable pre-estimate of the District’s actual damages for each day of delay and that the is $500.00 per day sum is intended by the parties to be in the nature of liquidated damages, not a penalty. It is not the parties’ intent for this provision to limit either party’s remedies against the other for the breach of this Agreement, except for the District’s money damages for unexcused delays caused by the Contractor.

  • Payment of Liquidated Damages If you supply all or some of your milk to a third party during a Month you must, if required by DFMC, immediately pay to DFMC liquidated damages for that Month calculated as follows: $X = W cents x (Y – Z) Where: $X is the amount payable by you to DFMC for the relevant Month. If $X is a negative amount, no amount is payable by you. Y is the average monthly litres you have supplied to DFMC based on the 12 months immediately preceding the relevant Month (or in the event you have not supplied DFMC for 12 months, the average monthly litres you have supplied to DFMC during the period you have supplied DFMC). Z is the number of litres supplied to DFMC by you for the relevant Month.

  • Liquidated Damages The Company’s obligations to pay any partial liquidated damages or other amounts owing under the Transaction Documents is a continuing obligation of the Company and shall not terminate until all unpaid partial liquidated damages and other amounts have been paid notwithstanding the fact that the instrument or security pursuant to which such partial liquidated damages or other amounts are due and payable shall have been canceled.

  • Notice of Liquidated Damages System Agency will formally notify Grantee in writing when liquidated damages action is imposed, stating the nature of the action, the reasons for imposing, and the method of appealing. Grantee must submit a written appeal, within ten (10) calendar days of receipt of the notice, to the SUD email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of subsection 4.7 of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. If OGS determines that Contractor is liable for liquidated damages and such identified sums have not been withheld by OGS, Contractor shall pay such liquidated damages to OGS within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

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