Minimum Liability Amount Clause Samples

Minimum Liability Amount. The Enforcement Policy requires that the minimum liability amount imposed not to be below a Discharger’s economic benefit plus 10 percent. The proposed liability is substantially more than Cal Water’s economic benefit plus 10 percent. The mandatory minimum penalty statute does not apply to this discharge because it is unauthorized.

Minimum Liability Amount. US$* or any higher amount as may be required by law wherever the aircraft is operating.

Minimum Liability Amount. The portion of this Exhibit appearing below this text is intentionally deleted from the FAA filing counterpart as the parties hereto deem it to contain confidential information. The Minimum Liability Amount shall be $1,000,000,000 per occurrence (or such other minimum amount as may be reasonably requested by Lessor from time to time in the event Lessee no longer obtains airline liability insurance coverage as part of the Lessor’s airline aviation liability insurance placement).

Minimum Liability Amount. The Enforcement Policy requires the Regional Board to recover, at a minimum, 10% more than the economic benefit. Because the economic benefit is negligible, so is the minimum liability amount.

Minimum Liability Amount. The portion of this Exhibit appearing below this text is intentionally deleted from the FAA filing counterpart as the parties hereto deem it to contain confidential information. The Minimum Liability Amount shall be $*** per occurrence (or such other minimum amount as may be reasonably requested by Sublessor from time to time in the event Sublessee no longer obtains airline liability insurance coverage as part of the Sublessor’s airline aviation liability insurance placement). SECTION 1. Definitions SECTION 2. Acceptance and Lease SECTION 3. Term and Rent SECTION 4. Lessor’s Representations and Warranties SECTION 5. Return of the Engine SECTION 6. Liens SECTION 7. Maintenance and Operation; Possession; Insignia. SECTION 8. Replacement and Pooling of Parts; Alterations, Modifications and Additions SECTION 9. Voluntary Termination SECTION 10. Loss, Destruction, Requisition, etc. of Engine SECTION 11. Insurance SECTION 12. Inspection SECTION 13. Assignment SECTION 14. Events of Default SECTION 15. Remedies; Automatic Termination SECTION 16. Lessee’s Cooperation Concerning Certain Matters SECTION 17. Notices SECTION 18. No Set-Off, Counterclaim, etc SECTION 19. No Renewal SECTION 20. Maintenance Program SECTION 21. Lessor’s Right to Perform for Lessee SECTION 22. [Intentionally Omitted]. SECTION 23. Service of Process SECTION 24. Miscellaneous SECTION 25. [Intentionally Omitted.] SECTION 26. Covenant of Quiet Enjoyment SECTION 27. Federal Bankruptcy Code SECTION 28. Use of Funds SECTION 29. Lessee’s Representations, Warranties and Indemnities SECTION 30. Certain Representations, Warranties and Covenants SECTION 31. Covenants of Lessee SECTION 32. Consent to Jurisdiction SECTION 33. Owner for Federal Tax Purposes EXHIBIT A - Form of Lease Supplement EXHIBIT B - Basic Rent EXHIBIT C - Stipulated Loss Value Schedule EXHIBIT D - Return Conditions EXHIBIT E - Minimum Liability Amount EXHIBIT F - Headlease Variations EXHIBIT G - Quick Engine Change Kit Specifications This ENGINE LEASE AGREEMENT [NW 2005 ], dated as of [ ], 2005, between NORTHWEST AIRLINES, INC., a corporation organized and existing pursuant to the laws of the State of Minnesota (“Lessor”), and MESABA AVIATION, INC., a corporation organized and existing pursuant to the laws of the State of Minnesota (“Lessee”);

Minimum Liability Amount. The Enforcement Policy requires that the minimum liability amount imposed not to be below a discharger’s economic benefit plus 10 percent. Since there is no significant economic benefit, the proposed liability satisfies this condition.

Minimum Liability Amount. Water Code section 13385(e) requires that when pursuing civil liability under section 13385, "at a minimum, liability shall be assessed at a level that recovers the economic benefit, if any, derived from the acts that constitute the violation." The Enforcement Policy requires that the adjusted Total Base Liability Amount be at least ten percent (10%) higher than the Economic Benefit. As noted in Step 7, the Discharger did not receive an economic benefit by delaying stormwater diversion to the effluent flumes. However, in consideration of the mandatory minimum penalties the Discharger would have been subjected pursuant to Water Code sections 13385(h) and (i), for the effluent limit violations listed in Exhibit 1 during the alleged violation period ($162,000), the Prosecution Team determines it is appropriate to use the mandatory minimum penalties in lieu of the economic benefit to calculate the minimum liability amount. Therefore, the Minimum Liability Amount that should be assessed for this violation is (1.1 x $162,000) = $178,200. The final penalty reached through settlement and fair application of the Enforcement Policy factors is $674,306, which falls between the minimum and maximum penalty range.

Minimum Liability Amount. The Enforcement Policy requires the Regional Water Board to recover, at a minimum, 10% more than the economic benefit. The minimum liability that may be imposed is the economic benefit ($17,503) plus 10%, which is $19,253. The final liability amount for the violation is $47,310, which is higher than the minimum liability amount.