Performance Damages. (a) If the aggregate amount of Net Output delivered to PacifiCorp during any Contract Year is equal to or greater than the Guaranteed Amount for such Contract Year, then Seller shall not be liable to PacifiCorp for any Performance Damages in respect of such Contract Year.
Performance Damages. (a) If the Measurement Period Net Output during any Measurement Period is equal to or greater than the Measurement Period Guaranteed Amount for such Measurement Period, then Seller shall not be liable to PacifiCorp for any Performance Damages in respect of such Measurement Period.
Performance Damages. You may reduce the minimum numbers of pre-booked bedroom accommodation, pre-booked delegate requirements, pre-booked meeting room hire and/or pre-booked F&B without liability or cost to you at any time 180 days or more prior to the Arrival Date. If the reductions result in more than a 50% reduction in the Total Anticipated Revenue for the Event, then we reserve the right to cancel the Event without further liability to either party. In addition, the following performance damages will apply in case of a reduction in numbers: The percentages below are not applicable on a cumulative basis. Days before Arrival Date Reduction in numbers allowed without performance damages 179 days to 90 days in advance of Event 30% of original Total Anticipated Revenue for the Event 89 days to 45 days in advance of Event 15% of original Total Anticipated Revenue for the Event 44 days to 7 days in advance of Event 5% of original Total Anticipated Revenue for the Event 6 days or less in advance of Event 0% of original Total Anticipated Revenue for the Event If you do not exercise the option to reduce pre-booked bedroom accommodation, pre-booked delegate requirements, and pre-booked room hire and/or pre-booked F&B as described above, then the option is waived. Any bedrooms, delegate packages, meeting rooms and/or F&B added after Event Agreement signing will automatically be subject to this Event Agreement’s terms and conditions, including, but not limited to, full cancellation and performance/reduction in numbers policies. If the Event is held, but we do not realize the Total Anticipated Revenue (as adjusted, if any, pursuant to this clause) from your Event, you agree to pay liquidated damages for lack of performance. The performance damages owed will be the amount necessary for us to receive no less than 100% of each minimum revenue guarantee listed in the summary table above, plus applicable national and local taxes; provided, however, that if you properly reduced your pre-booked commitments in accordance with this clause, each applicable minimum revenue guarantee listed in the summary table above shall be reduced in a corresponding manner. Full Cancellation Damages Date of Hotel’s Receipt of Cancellation Notice Percentage of Total Anticipated Revenue Owed for bookings up to 300 Pax and/or 100 bedrooms Percentage of Total Anticipated Revenue Owed for bookings more than 300 Pax and/or more than 100 bedrooms 61 days or more prior to arrival No charge No charge 60-45 days prior to ...
Performance Damages. (a) If Seller fails to achieve Construction Start by the Milestone Date therefor (the “Construction Start Deadline”), Seller shall pay liquidated damages to Buyer in an amount, per day, equal to the Construction Start DLD Amount for each day intervening between the Construction Start Deadline and the earlier of (x) the date Construction Start is achieved, and
Performance Damages. If the Event is held, but the Hotel does not realize the Total Anticipated Revenue from your Event, you agree to pay the Hotel an amount equal to 100% of the charges (including labor, gratuities, and service charges, rentals and applicable taxes) for the final guarantee or contracted number of guests, whichever is h igher.
Performance Damages. If Seller fails to achieve the Commercial Operation Date by i July 31, 2017 (subject to day-for-day extension for Excusable Delays), Seller shall pay liquidated damages to Buyer in an amount equal to $260 per day per MW, up to a maximum of $180,000 per MW of the Facility in the aggregate, for each day intervening between July 31, 2017, and the earlier of (x) the date the Commercial Operation Date is achieved, and (y) the date, if any, on which this Agreement is terminated by Buyer pursuant to Section 2.4. Notwithstanding the foregoing, in addition to any liquidated damages previously payable to Buyer before any termination permitted pursuant to Section 2.4(f). Seller shall pay additional liquidated damages to Buyer upon such termination equal to the difference, if any, between Seller’s Performance Security and the liquidated damages already payable to Buyer.
Performance Damages. (a) If Seller fails to achieve the Commercial Operation Date by March 31, 2009, except to the extent due to a Force Majeure event, Seller shall pay liquidated damages to Buyer in an amount equal to $40,000/day for each day of delay thereafter, provided, however, that the maximum liability of Seller under this Section 11.3(a) during the Agreement Term shall not exceed $7.2 million.
Performance Damages. Claims under this Section 15 shall be time-barred 7 years after the Closing Date. Section 9 shall apply with the exception of Sections 9.4.1and 9.5. For the purposes of Sections 15.1 and 15.4, "Loss" or "Losses" shall include consequential or indirect damages (Folgeschaden, mittelbare Schaden) and loss of profits (entgangener Gewinn). The limitations pursuant to Section 9.1, second to last and last sentence, shall apply.
Performance Damages. Any performance damage payment in an amount greater than $1,000,000 made to any Noble Entity for or on account of any permanent diminution in the performance of any of the Projects, including liquidated damages for failing to achieve the Power Curve Guarantee (as defined in the Turbine Supply Agreement), shall be applied to the prepayment of the Loans and other Obligations as provided in Section 2.4(g) of the Financing Agreement (pursuant to an Executed Withdrawal/Transfer Certificate executed and delivered to Depositary solely by Administrative Agent).
Performance Damages. Damages for deficient performances of the Turbines are limited to the damages set forth in Article 7.
