Lost Production Sample Clauses

Lost Production. Where due to poor weather conditions, machinery or equipment breakdown, or for any other reason which prevents the continuance of normal work, employees shall be provided with alternative productive work or training. By mutual agreement, where no alternative productive work is available and no training can be arranged, the employee shall have the choice of either: - taking annual leave. - using accrued R.D.O’s. - taking leave without pay. - utilising spread of hours.(eg. Not working on Monday and Tuesday, and making up time on the rest of the cycle.) In the case of inclement weather, consideration will be given to ensuring that a safe workplace is provided and safe systems of work are used.
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Lost Production. Lost Production" means for any period the quantity, if any, of Energy and E nvironmental A ttributes that S xxxxx coul d have m ade av ailable t o Purchaser at t he D elivery Point dur ing s uch p eriod but t hat w as not s o made available as a result of a Compensated Backdown. The Lost Production shall be calculated by S xxxxx using d ata f rom t he S CADA System and based on act ual wind speed measurements dur ing t he appl icable t ime as r ecorded by th e W ind Project's w ind s peed m easurement i nstrumentation. U pon P urchaser's r equest, Seller shall provide to Purchaser relevant data and supporting documentation so that Purchaser can verify the calculation of Lost Production, as contemplated by the pr eceding s entence. P urchaser s hall p ay t o S xxxxx on a m onthly b asis, as liquidated damages in respect of any Lost Production, the amount determined in accordance with the following formula ("Lost Production Liquidated Damages"): Where:
Lost Production. To the extent an interruption, or reduction pursuant to Section 5.6 results from Uncontrollable Circumstances as contemplated in Section 13.3 or from an Electric System Emergency as contemplated in Section 8.5.3 (the “Lost Production”) Seller may, for the sole purpose of meeting their annual Electric Energy production obligation under Section 5.8.2 and with written approval from PPUC, add the net Lost Production for that Contract Year to the Annual Electric Energy Delivered in that Contract Year. Lost Production shall be calculated using the same method used to establish Curtailments as set forth in Section 5.7. Without limiting the provisions of Clause 5 or Clause 6 seller shall not invoice or be paid by PPUC for such Lost Production.
Lost Production. LESSEE agrees to and shall release LESSOR, its officers, agents and employees, from and against any and all claims by LESSEE for forfeiture of an oil, gas or mineral lease, for damage to a producing reservoir or lease operations or for lost production, arising from or in connection with the failure of the operation of the Equipment for any reason whatsoever, or losses or damages related thereto. Such release shall apply where the claims, losses, damages, causes of action, suits or liabilities arise in whole or in part from the sole or concurrent negligence of LESSOR in the defectiveness of the Equipment. Furthermore, if such claims, losses and damages arise in whole or in part from the defectiveness of the equipment, such release shall apply whether such defect and failure of the equipment result in whole or in part from the design, manufacture, marketing or distribution of the Equipment or from the failure of LESSOR to warn any person of any such defect.
Lost Production. NorthWestern shall compensate Seller for Lost Production in accordance with Section 6.7.3 of this Agreement.

Related to Lost Production

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Business Interruption Lessee shall obtain and maintain loss of income and extra expense insurance in amounts as will reimburse Lessee for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the Premises as a result of such perils.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • Lost Items The Credit Union, in receiving items from you for withdrawal or deposit, acts only as your agent and reserves the right to reverse the credit for any deposited items or to charge your account for the items should they become lost in the collection process.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • No Punitive Damages If any dispute arises regarding the application, interpretation or enforcement of any provision of this Agreement, including fraud in the inducement, the parties hereby waive their right to seek punitive damages in connection with said dispute.

  • Direct Damages A PARTY’S DAMAGES RESULTING FROM A BREACH OR VIOLATION OF ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT OR CONDITION CONTAINED IN THIS AGREEMENT OR ANY ACT OR OMISSION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES AND SHALL NOT INCLUDE ANY OTHER LOSS OR DAMAGE, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PRODUCTION, OR REVENUES, AND EACH PARTY RELEASES THE OTHER PARTY FROM ALL SUCH CLAIMS FOR LOSS OR DAMAGE OTHER THAN ACTUAL DIRECT DAMAGES; PROVIDED THAT THIS LIMITATION TO DIRECT DAMAGES SHALL NOT LIMIT THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER Section 3.5(c), Section 7.3, AND Article 15.

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