Risk Sharing. For so long as the Employee shall remain an employee of the Company, the following provisions shall apply with respect to the Shares:
(i) The Employee shall be solely responsible for one hundred percent (100%) of any losses occurring with respect to the sale or transfer by the Employee of any of the Shares prior to the third anniversary of the Effective Date.
(ii) The Employee shall be entitled to fifty percent (50%) of any gains (with the Company being entitled to the other fifty percent (50%) of any such gains), occurring with respect to the sale or transfer by the Employee of any of the Shares prior to the third anniversary of the Effective Date.
(iii) The Employee shall be entitled to one hundred percent (100%) of any gains occurring with respect to the sale or transfer by the Employee of any of the Shares on or following the third anniversary of the Effective Date, but on or prior to the fifth anniversary of the Effective Date.
(iv) The principal amount of the Note shall be reduced by fifty percent (50%) of any losses occurring with respect to the sale or transfer by the Employee of any of the Shares on or following the third anniversary of the Effective Date, but on or prior to the fifth anniversary of the Effective Date.
Risk Sharing. The Party A I, Party A II, Party B should share the contingent liabilities found after the settlement if Party A I, Party A II, Party B misstated, whether out of deliberation or negligence.
Risk Sharing. 1. During the exhibition or event, exhibitors shall assign personnel in monitoring their own exhibits, materials, decorations and construction equipment. Exhibitors should also purchase insurance policies depending on their needs. If items are lost or damaged, TAITRA shall not be held responsible.
2. If due to improper installation, operation, maintenance or management during the exhibition or event (including set up before the exhibition and dismantling after the exhibition), a booth's facilities, objects, or exhibits cause injury, death, or financial loss to the exhibitor's personnel or a third party, the exhibitor and its decoration contractor shall be held fully liable for all compensation and legal responsibility. TAITRA shall not be held accountable. The exhibitor and the decoration contractor are responsible for the strengthening all safety measures and the purchase of suitable insurance policies.
3. In order to maintain the safety of the exhibits, leaseholders shall install security cameras at the exhibition hall, and exhibitors shall take care of their own exhibits and valuable properties. If necessary, exhibitors may install security cameras at their booths. If exhibits or properties are damaged or lost, TAITRA will not be held responsible.
4. If an exhibition hall's facilities are damaged during construction or transportation, the damage shall be repaired or compensation shall be made. If property damage, injury, or death has occurred as a result of a construction accident, the leaseholder shall be held fully responsible for handling the situation and shall bear the relevant legal responsibility.
Risk Sharing. A fundamental premise of this Agreement is that the Signatories will not actively seek to undermine, or encourage others to undermine, the Signatories’ respective interests and resources that have been committed, compromised, dedicated, or otherwise addressed in this Agreement. For purposes of this paragraph, “Adverse Action” means an action of a legislature, court, administrative agency, regulatory body or other governmental entity that would cause a material adverse impact to a Signatory’s interests or resources that have been committed, compromised or otherwise addressed in this Agreement. In the event that an Adverse Action is proposed or is likely to occur, the Signatory whose interests or resources would suffer a material adverse impact will notify the other Signatories. The Signatories will meet and discuss in good faith the potential detrimental effect of such Adverse Action, with the goal of determining whether any action by one or more Signatories could avoid the Adverse Action or mitigate its impact on the affected Signatory. Each party agrees to evaluate in good faith whether it can implement changes in its operations or undertake other efforts that would achieve this goal, and to implement any such efforts as may be agreed to by the Signatories.
Risk Sharing. As part of the underwriting and claims handling process, the Company may transfer personal information to other insurance companies, including reinsurance companies which share in the risk. This would include situations where the Customer has made a fraudulent application for, or renewal of, a policy of insurance.
Risk Sharing. In connection with the evaluation of Phase 2, Liberty may propose for Commission consideration and approval a symmetrical mechanism through which it would share with its customers in the financial risks associated with the need to predict monthly ISO-NE coincident system peak hourly load so as to dispatch the battery output to reduce that peak hour load. Such risk-sharing may apply to those batteries installed in both Phase 1 and Phase 2, and may consist of upward and downward adjustments to the return on equity (XXX) associated with Liberty’s investment in the batteries and related equipment, including meters, based on Liberty’s ability to accurately forecast ISO-NE coincident system peak hours and dispatch installed battery output to reduce that peak hour load. The Settling Parties stipulate and agree that such a risk-sharing mechanism may be considered by the Commission consistent with RSA 374-G:5, IV, which provision authorizes the Commission to “add an incentive to the return on equity component as it deems appropriate to encourage investments in distributed energy resources.”
Risk Sharing. In each Arrangement Year that is equivalent to a calendar year, the PH-MCO is responsible for the first $15,000 (Threshold Amount) in paid amounts of Covered Services provided to each Member as identified in Section II above. The Department will reimburse the PH-MCO 75.0 percent (75.0%) of Covered Services (net of third party liability/other insurance) submitted by the PH-MCO that are greater than $15,000. If the Arrangement Year begins after January 31, the Department will provide the PH-MCO with a Threshold Amount that will apply in lieu of $15,000. The Department will provide documentation that its actuarial consultant has determined that the Threshold Amount is actuarially appropriate for the terms of the Home Nursing Risk Sharing Agreement inclusive of the applicable Withhold Amounts.
Risk Sharing. PSNH agrees to share in the risk of recovery of unsecuritized stranded costs. Specifically, PSNH shall forego the right to recover all such costs that remain unrecovered as of September 30, 2007 (the "Recovery End Date"). The Recovery End Date is based on the load growth and other data and assumptions contained in the June 4, 1999 financial scenario that supports this MOU including the assumed wholesale market prices for the sale of the output of generating assets and entitlements prior to divestiture, Rate Recovery Bonds costing 7.25%, an assumed $100 million price for Seabrook, an assumed $360 million price for the fossil/hydro assets and the Transition Service prices contained in Section 10. The only adjustments to the Recovery End Date shall be made within 30 days following the sale of the fossil/hydro assets, shall be for the period until September 30, 2007 and shall be for the actual sales price for the fossil/hydro assets, the actual cost of Transition Service, a price of less than 7.25% for the Rate Reduction Bonds, and the difference between the assumed wholesale market prices and a proxy for the wholesale price for the sale of the output of nuclear and IPP entitlements and the actual revenue from the sale of the output for the fossil/hydro units prior to divestiture. For nuclear and IPP entitlements, the proxy wholesale price shall be determined based on the average price realized from the auction of CL&P's and WMECO's shares of Millstone 2, Millstone 3 and Seabrook, adjusted for differences in capacity factors. After the Transition Period, the proxy prices will be escalated 3% per year. After the Recovery End Date, all unrecovered stranded costs remaining in Part 3 of the SCRC shall be borne by PSNH, and the SCRC shall be reduced accordingly. It is the parties' best estimate that upon the Recovery End Date, the SCRC will drop from 3.79 cents per kWh to under 2.0 cents, representing substantial additional rate reductions.
Risk Sharing. Recognizing that lead times for acquiring materials to Manufacture forecasted Product may from time-to-time extend beyond the planning horizon of the forecast that Company provides, and that customer demand may fluctuate in such a fashion as to cause excess material inventory being held by Contractor for more than six (6) months, and recognizing that Taiwanese accounting regulations and/or practices require that inventory that is idle for more than six (6) months be written off, Company will, at its own option, elect to reimburse Contractor for fifty percent (50%) of the value of such excess inventory, or to place Orders to Contractor to build finished goods to consume such excess material.
Risk Sharing. The Parties shall share on a 50/50 basis the risks of any losses and damages resulting from failure of the project, in whole or part, due to technical restrictions or difficulties.
