Liquidated Damages upon Early Termination without Cause Sample Clauses

Liquidated Damages upon Early Termination without Cause. CONTRACTOR has agreed to enter into this Agreement in consideration for the right to operate the Facility for the “life of the Site” and the expected delivery of approximately 42 million tons of Accepted Waste at the Facility after the Effective Date according to CONTRACTOR’S estimates (and without any representation or warranty by either Party as to such tonnage capacity amount). By entering into this Agreement, CONTRACTOR has agreed to reduce its per ton charge for Accepted Waste under the Initial Operation Agreement by an average of $2.00 per ton for the life of the Existing Cell. With remaining tonnage capacity at the Existing Cell of approximately 7.6 million tons, CONTRACTOR therefore asserts that it is giving up the right to receive approximately $15.2 million in revenues that it would have received under the Initial Operation Agreement. The actual or agreed upon amount of such lost revenues pertaining to the Existing Cell and the Initial Operation Agreement shall be based on the actual number of tons of Accepted Waste received after the Effective Date in the Existing Cell by CONTRACTOR up to 8.5 million tons, multiplied by $2.00 per ton, and shall not in any event exceed $17,000,000 (the “Existing Cell Lost Revenues”). CONTRACTOR’S asserted right to the Existing Cell Lost Revenues upon termination by the CITY assumes that the CITY must continue to direct the flow of all Solid Waste to the Facility, which CITY asserts that it is not obligated to do under the Initial Operation Agreement after the payoff of the excess land costs (as described in Section 7.7. and in the Initial Operation Agreement), which will occur in approximately two years after the Effective Date, a position which is disputed by CONTRACTOR. CONTRACTOR has also agreed herein to assume all of the costs of Closure and Post Closure for the Existing Cell under applicable permits and laws, beginning on or after the Effective Date (“Existing Cell Closure Costs”) for which it was not responsible under the Initial Operation Agreement, and CONTRACTOR has also agreed to assume all of the costs of Closure and Post Closure of the Expanded Cell under applicable permits and laws (“Expanded Cell Closure Costs”). The specific amount of the Existing Cell Closure Costs and Expanded Cell Closure Costs are undetermined at this time. While the CITY disagrees with the CONTRACTOR’S asserted right to the Existing Cell Lost Revenues, in consideration for mutual promises herein, the Parties agree that in the...
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Related to Liquidated Damages upon Early Termination without Cause

  • Payment upon Early Termination (a) Within three (3) calendar days after an Early Termination Effective Date, the Corporate Taxpayer shall pay to each TRA Party an amount equal to the Early Termination Payment in respect of such TRA Party. Such payment shall be made by wire transfer of immediately available funds to a bank account or accounts designated by such TRA Party or as otherwise agreed by the Corporate Taxpayer and such TRA Party or, in the absence of such designation or agreement, by check mailed to the last mailing address provided by such TRA Party to the Corporate Taxpayer.

  • Automatic Early Termination provision of Section 6(a) will not apply to Party A and will not apply to Party B.

  • Payment Upon Termination In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. The City shall have no obligation to compensate Consultant for work not verified by logs or timesheets.

  • Vacation Pay Upon Termination When an employee in the bargaining unit is terminated for any reason, he/she shall be entitled to all vacation pay earned and accumulated up to and including the effective date of the termination.

  • Early Termination Fee After this contract goes into effect, if you terminate this contract for any reason, or switch your service to a different electricity generation supplier or default service supplier prior to the end of the contract term, you will be responsible for paying XOOM Energy an early termination fee in the amount of $500. This Early Termination Fee is intended not as a penalty, but simply to offset the cost of selling the unused portion of your electric power to others and estimated lost revenue that XOOM may incur from such a sale, if any, and related expenses.

  • Early Termination In the absence of any material breach of this Agreement, should the Trust elect to terminate this Agreement prior to the end of the term, the Trust agrees to pay the following fees: a. all monthly fees through the life of the contract, including the rebate of any negotiated discounts; b. all fees associated with converting services to successor service provider; c. all fees associated with any record retention and/or tax reporting obligations that may not be eliminated due to the conversion to a successor service provider; d. all out-of-pocket costs associated with a-c above.

  • Early Termination Benefit If Early Termination occurs, the Bank shall distribute to the Executive the benefit described in this Section 2.2 in lieu of any other benefit under this Article.

  • Involuntary Termination Without Cause In the event of the Participant’s involuntary Termination by the Company without Cause, the vested portion of the Option shall remain exercisable until the earlier of (i) ninety (90) days from the date of such Termination, and (ii) the expiration of the stated term of the Option pursuant to Section 3(d) hereof.

  • Termination by Company Without Cause The Company may terminate Employee’s employment without Cause upon thirty (30) days written notice to Employee. If Employee’s employment with the Company is terminated by the Company without Cause, and Employee signs and does not revoke a Release, then Employee shall be entitled to the following: (i) a one-time “lump sum” payment of severance pay (less applicable withholding taxes) in an amount equal to Employee’s annual base salary, as then in effect, to be paid in accordance with the Company’s normal payroll policies no later than the Company’s first regular payroll date following the Termination Date; (ii) a one-time “lump sum” payment of severance pay (less applicable withholding taxes) in an amount equal to 100% of Employee’s annual bonus rate, as then in effect, to be paid in accordance with the Company’s normal payroll policies no later than the Company’s first regular payroll date following the Termination Date; and (iii) the same level of health (i.e., medical, vision and dental) coverage and benefits as in effect for the Employee on the day immediately preceding the Termination Date; provided, however, that (A) the Employee constitutes a qualified beneficiary, as defined in Section 4980B(g)(1) of the Internal Revenue Code of 1986, as amended; and (B) Employee elects continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), within the time period prescribed pursuant to COBRA. The Company shall continue to provide Employee with Company-paid health coverage until the earlier of (y) the date Employee is no longer eligible to receive continuation coverage pursuant to COBRA, or (z) twelve (12) months from the Termination Date. (iv) Fifty percent (50%) of the Employee’s then unvested stock options shall immediately vest and become exercisable and Employee shall have twelve (12) months following the Termination Date to exercise such vested shares; provided, however, that in the event of a conflict between the terms and conditions of any such stock option agreement and this Agreement, the terms and conditions of this Agreement shall prevail unless the conflicting provision(s) in any such stock option agreement shall be more favorable to Employee in which case the provision(s) more favorable to Employee shall govern; provided further, however, that notwithstanding the foregoing in no event shall the extended twelve (12) month exercise period specified in this Section 6(b)(iv) modify or extend the Expiration Date of any stock option as set forth in such stock option agreement.

  • Early Termination of Services Termination at any time upon 90 days’ prior written notice. Following the written notice period and coinciding with the early termination by the Recipient of any Service(s) in this Schedule, Early Termination Fees equal to 75% of the monthly cost of such terminated Services shall be charged to Recipient monthly until the earlier of (i) three (3) months after termination or (ii) the expiration of the Term of this Schedule. Recipient: Mead Johnson Nutrition (Spain) S.L. Provider: Bristol-Myers Squibb S.A. Point of Contact, Recipient: Leanne Metz Point of Contact, Provider: Loic Senechal Payment Terms: All payments due within thirty (30) days of receipt of invoice by Recipient.

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