Recovery Period. 5 Years.
Recovery Period. (i) If at the end of the Term there is any Make Up Gas remaining that has not been taken by Buyer during the Term, this Agreement shall be extended for the Recovery Period to allow Make Up Gas to be taken at a daily rate of up to the DCQ in effect immediately prior to the end of the Term, provided that there shall be no Recovery Period if this Agreement is terminated by Sellers pursuant to Clauses 15(f)(ii), 19 or 25. Buyer shall have no further rights to take Gas during the Recovery Period after it has taken such remaining Make Up Gas, and after such remaining Make Up Gas has been delivered, the Recovery Period shall be deemed to have expired.
(ii) All Gas supplied during the Recovery Period shall be Make Up Gas. There shall be no contract quantity or supply quantity during the Recovery Period and Sellers shall not be liable for any shortfall or Buyer for take-or-pay obligations and the provisions of Clauses 10(b), 10(c) and 11 shall not apply to the supply of Gas during such period.
(iii) The Gas Price that shall apply to all Gas delivered during the Recovery Period shall be the relevant Gas Price as in effect at the time of Gas delivery. During the Recovery Period, Buyer shall pay for all Gas, pursuant to Fortnightly invoices, at the relevant Gas Price and shall pay all other amounts payable under this Agreement in respect of Gas deliveries. Buyer shall receive a credit against each Fortnightly invoice for Gas taken as Make Up Gas during the Recovery Period for an amount equal to the Make Up Gas taken during that Fortnight multiplied by the lower of:
(A) the Gas Price applicable during such Fortnight; and
(B) the Weighted Average Gas Price previously paid in respect of the Quarterly Deficiency Quantity that gave rise to the Make Up Gas right. For such Make Up Gas delivered, Buyer shall have no rights to any amount previously paid in respect of the Quarterly Deficiency Quantity above the Gas Price prevailing at the time the Make Up Gas is delivered. The order in which the credit for such Make Up Gas shall be applied shall be the same order in which the Make Up Gas was accrued.
(iv) If Buyer fails to nominate any Make Up Gas or Make Up Gas has been scheduled by Sellers during the Recovery Period and such quantity has not been taken by the Buyer, then the Sellers shall have no further obligations whatsoever towards such Make Up Gas quantity and Sellers shall not be required to deliver such Make Up Gas or make any payment, credit, refund or other adjustment...
Recovery Period. The provisions of Clauses 10(b) to 10(c) shall not apply in respect of the Recovery Period.
Recovery Period. The term of thirty (30) years, counted as from the Startup of Commercial Operation.
Recovery Period. If the Remaining Shareholders or the Company purchase the Financially Distressed Shareholder’s Common Stock pursuant to this Section 9, the Financially Distressed Shareholder shall have the option, if such Shareholder has recovered financially, during the period that ends three (3) years after such Shareholder’s Withdrawal Date, to repurchase such Shareholder’s Common Stock for the same price such Shareholder sold such Shareholder’s Common Stock pursuant to Section 9, which payment shall be made in cash.
Recovery Period. Definitions
1. Recovery Period is defined as the period of time required for an employee to be away from work to ensure that he/she is eligible to work overtime or be eligible to be on-call. Recovery time is calculated on an hour for hour basis for time worked after 12:00 midnight to a maximum of eight (8) hours. (i.e. for every hour worked after 12:00 midnight the employee is entitled to one (1) hour of recovery time to a maximum of eight (8) hours.) Payment for recovery time is outlined in Item #4 below in this document.
2. On-call schedule is defined as the list which management schedules the on- call requirements for the on-call personnel.
Recovery Period. Decades 7. Recovery Ability: Limited, would require decades. 8. Public Health and Safety: Not applicable.
Recovery Period. (a) The Incentive-Based Compensation subject to recovery is the Incentive-Based Compensation Received during the three (3) completed fiscal years immediately preceding the date that the Company is required to prepare an accounting restatement as described in Section 2 above, provided that the person served as an Executive Officer at any time during the performance period applicable to the Incentive-Based Compensation in question. The date that the Company is required to prepare an accounting restatement shall be determined pursuant to the Listing Rule.
(b) Notwithstanding the foregoing, this Policy shall only apply if the Incentive-Based Compensation is Received (i) while the Company has a class of securities listed on Nasdaq and (ii) on or after October 2, 2023.
(c) The provisions of the Listing Rule shall apply with respect to Incentive-Based Compensation received during a transition period arising due to a change in the Company’s fiscal year.
Recovery Period. Considering the high risk, high cost and long term nature of an FTAA mining operation, the Contractor shall be given an opportunity to recover the expenses incurred during its pre-operating period. After this period, the Government shall receive its rightful share from the national patrimony. Recovery Period, as used in this Order, shall be a maximum of five (5) years or at a date when the aggregate of the Net Cash Flows from the mining operations is equal to the aggregate of its Pre-Operating Expenses, reckoned from the Date of Commencement of Commercial Production, whichever comes first. For this purpose, the above Net Cash Flows and Pre-Operating Expenses refer to the actual Net Cash Flows from mining operations and the actual Pre- Operating Expenses incurred by the Contractor, respectively, converted into its United States dollar equivalent at the time the expenditure was incurred. In case the project incurs very large investments with high production rate and extensive mine life, as determined by the Bureau, the Recovery Period may be extended upon negotiation with the Negotiating Panel and subject to approval by the Secretary.
Recovery Period. “Recovery Period” means the period from May 7, 2014, through January 31, 2022.
