Predictability. PTC’s liability shall be limited to the typical, foreseeable damage: (i) if PTC breaches material contractual obligations (cardinal obligations) with slight negligence, or (ii) if employees or agents of PTC who are not officers or executive staff have breached other obligations by gross negligence, or (iii) if PTC has assumed a guarantee, unless such guarantee is expressly designated as guarantee as to condition (Beschaffenheitsgarantie).
Predictability. In order to create a predictable environment, after the Starter Group Phase, groups should be closed groups until all members agree to additional members or the group multiplies.
Predictability. The building utility consumption must be predictable based on independent variables as determined by PSE. The variables may include weather, occupancy hours, production units, etc. PARTICIPANT must provide the independent variable data other than weather (occupied hours, production units, etc.) per the required resolution (monthly, daily, etc.) to PSE on an annual basis as outlined in Attachment B. Performance Targets The baseline period for this incentive agreement is January-22 through December-22. Based on the total facility portfolio listed in Attachment B, the consumption of PSE supplied energy during the base period was 0 kWh and 145,211 therms. This equates to incentives and resource needs based on a 0% personnel level for electricity and a 7% personnel level for natural gas per PSE defined funding levels based on consumption (20,000,000 kWh for electricity, 2,000,000 therms for natural gas). The performance target will be 3 percent reduction in total portfolio consumption each year. The following table presents the targets for the three years: Table 5: Savings Targets Performance Period Date Range Savings Target kWh Therms Year 1 Performance 01/01/2024 to 12/31/2024 0 4,356 Year 2 Performance 01/01/2025 to 12/31/2025 0 4,356 Year 3 Performance 01/01/2026 to 12/31/2026 0 4,356 Total 0 13,068 PSE Savings Calculations PSE will calculate the savings of the performance period against the baseline period on an annual basis for PARTICIPANT. The baseline period consumption will be adjusted based on the independent variables that impact consumption, which may include weather, occupancy hours, production units, etc. PSE has identified the likely independent variables in Attachment B, but reserves the right to change the independent variables used. PARTICIPANT shall submit any information that would support adjustments to the baseline or the performance year energy usage. This may include changes to the building area, changes in occupancy, significant addition of plug loads (greater than 1% of annual consumption), etc. PSE will quantify two types of savings for the incentive. The first calculation will be known as “Total Savings” and includes all savings associated with SEM activities and PSE-incentivized projects. The second calculation will be known as “SEM Savings” and is equal to the “Total Savings” minus savings associated with other PSE- incentivized projects. Participants are encouraged to participate in other PSE incentive programs but this participat...
Predictability. Time Project time variance expressed as a percentage of Tender Programme for design and for con- struction.
Predictability. With stability and predictability, investment is encouraged, jobs are created and consumers can fully enjoy the benefits of competition — choice and lower prices. The multilateral trading system is an attempt by governments to make the business environment stable and predictable. In the WTO, when countries agree to open their markets for goods or services, they “bind” their commitments. For goods, these bindings amount to ceilings on customs tariff rates. Sometimes countries tax imports at rates that are lower than the bound rates. Frequently this is the case in developing countries. In developed countries the rates actually charged and the bound rates tend to be the same.
Predictability. Subject to our obligations under the Non-Excludable Terms, and to the maximum extent permitted by law, we are not liable to you in tort, contract or otherwise for any loss of profits, data, goodwill, pure economic loss, or expectation loss, or other indirect, consequential, special, punitive or exemplary loss or damage, even if such loss or damage was reasonably foreseeable, arose naturally or was contemplated by the parties.
