No Liquidated Damages. The Agent, the Lessor and each Lender acknowledge and agree that none of them has any right to recover final liquidated damages as provided in Section 17.5 of the Lease Agreement with respect to any Lease Event of Default that has been waived hereunder, solely to the extent of such waiver.
No Liquidated Damages. Any reference to Liquidated Damages is deleted in its entirety and replaced with the following: The County shall not be assessed liquidated damages as a penalty for breach of this contract by either party
No Liquidated Damages. If the Net Total Capacity Factor for a --------------------- Contract Year is less than eighty percent (80%), Operator shall not be subject to any additional liquidated damages under the foregoing Section 3.0 if such liquidated damages result from any of the following:
(i) Any act or omission that is committed or omitted, as the case may be, solely upon the recommendation of the Owner, its employees, agents, or operators (other than the Operator under this Agreement, its employees, agents or subcontractors).
(ii) The reduction, curtailment or termination of electricity production below the Facility's rated capacity as a result of equipment failure, loss attributable to items under warranty or demonstrated system design deficiencies; unless such reduction, curtanent or termination due to equipment failure or loss attributable to items under warranty was caused by the negligence or willful misconduct of the Operator.
(iii) Planned Outages which reduce the Net Total Capacity Factor to less than 75%.
(iv) The Owner's reduction, curtailment or termination of electricity production below the Facility's rated capacity for any reason whatsoever, including the failure of Penelec to accept electricity for any reason other than reasons due to the negligence or willful misconduct of Operator.
(v) The occurrence of a Force Majeure event.
(vi) The Owner's failure to supply Acceptable Fuel or Acceptable Limestone to the Facility in sufficient quantities to operate the Facility; provided, however, that (x) Operator advised Owner in a timely manner of the need to supply such Acceptable Fuel or Acceptable Limestone and (y) the lack of sufficient quantities of such Acceptable Fuel or Acceptable Limestone is not the result of Operator's failure to operate and maintain the Facility in accordance with the terms and conditions of this Agreement.
(vii) Lack of spare parts which Operator has recommended in accordance with the standards set forth in Section 13.2 of this Agreement but which Owner declined to purchase and which caused a reduction in the Net Total Capacity Factor.
No Liquidated Damages. If the rate provided in the Key Details in relation to clause 13.5 is specified as "nil", "N/A", "not applicable", "$0" or words to similar effect:
(a) clauses 13.5, 13.6 and 13.7 will not apply; and
(b) the Contractor will be liable to pay unliquidated damages at law for the breach for which liquidated damages under clause 13.5 would have been payable if a rate for liquidated damages had been specified.
No Liquidated Damages. No part of any liquidated damages that may be collected from the construction contracts shall inur to the benefit of the A/E or will be taken into consideration in determining the A/E's fee.
No Liquidated Damages. Purchasers acknowledge and agree that notwithstanding anything contained in the PST Document GTC to the contrary under no circumstance whatsoever shall the Company be obligated or required to pay to Purchasers any Liquidated Damages. Accordingly, the Parties agree that:
(i) The last sentence of Section 4.7(a) (Public Information) of PST Document GTC is hereby deleted. Such Section 4.7(a) shall be further amended to insert the words “use its best efforts to” between the words “shall” and “timely” in the first sentence thereof.
(ii) Section 4.15(c) is deleted in its entirety.
(iii) The first sentence of Section 5.2(d) (Failure to Deliver Shares) of PST Document GTC is hereby deleted.
(iv) The last two sentences of Section 5.5 are deleted.
(v) The last sentence of Section 6.6 (Listing) of PST Document GTC is hereby deleted.
(vi) In the second sentence of Section 7.17(a) (Remedies) of PST Document GTC, the clause “Liquidated Damages and” shall be deleted and the following proviso shall be added to the end of such sentence: “provided, however, that to the extent any Purchaser is entitled and elects to receive Liquidated Damages as a remedy for any breach of any Transaction Document, such Liquidated Damages shall be such Purchaser’s sole remedy for such breach.”
(vii) The third sentence of Section 7.17(c) (Liquidated Damages Payments) of PST Document GTC is hereby deleted.
No Liquidated Damages. Section 5.6(a) of the Agreement is hereby amended by deleting the clause “subject to the payment of any liquidated damages which may accrue pursuant to Section 5.2(b)(iv),” in the first sentence of Section 5.6(a).
No Liquidated Damages. Service Level Credits shall not constitute liquidated damages for the corresponding failure to perform, and Customer shall be free to pursue any and all remedies available under the Agreement with respect thereto, provided, that any such credits actually paid by Service Provider to Customer shall be offset against any damages awarded to Customer for claims arising from the corresponding failure to perform.
No Liquidated Damages. The parties hereto agree that no liquidated damages or other damages (and no default interest on such liquidated or other damages) have accrued in connection with the Company’s failure to register the Shares except to the extent waived as of the date hereof, and no such damages or default interest are outstanding and owing as a result of or related to the Company’s failure to register the Shares. The Investors further waive any and all events of default under any of the Financing Documents, whether or not declared, perfected or asserted, that relate solely to the failure of the Company to so register such Shares.
No Liquidated Damages. These rebates are a reduction in the price of the service provided by the Partner that does not meet the minimum service levels committed (‘quanti minoris’).
