Set-Off on Termination Sample Clauses
Set-Off on Termination. Except where expressly stated otherwise in this Project Agreement, the Authority is not entitled to set off any amount against any Compensation Payment (other than Compensation on Termination for PPP Co. Default) save to the extent that after such an amount has been set off, the termination payment made would be in an amount greater than or equal to the [Base Senior Debt Termination Amount or the Revised Senior Debt Termination Amount, as the case may be at that time].
Set-Off on Termination. Notwithstanding any other provision of this Contract, the Councils are not entitled to set off any amount against any payment of termination compensation under clause 50 (Compensation on Council Default), clause 55 (Compensation on Termination for Force Majeure), clause 57.1 (Compensation on Termination on Corrupt Gifts or Fraud), clause 57.2 (Compensation on Termination for Breach of the Refinancing Provisions), clause 59 (Compensation on Voluntary Termination), save to the extent that after such an amount has been set off, the termination payment made would be in an amount greater than or equal to the Senior Debt at that time.
Set-Off on Termination. Except where expressly stated otherwise in this Project Agreement, the Authority is not entitled to set off any amount against any Compensation Payment (other than Compensation on Termination for PPP Co. Default) save to the extent that after such an amount has been set off, the termination payment made would be in an amount greater than or equal to the [Base Senior Debt Termination Amount or the Revised Senior Debt Termination Amount, as the case may be at that time]. Where the Service Commencement Date is not the first day of a calendar month the Unitary Charge for the period between the Service Commencement Date and the end of the month in which the Service Commencement Date falls will be equal to the Unitary Charge pro-rated according to the number of days in that month falling on or after the Service Commencement Date. Where the Termination Date or Expiry Date does not occur on the final day of any month, the Unitary Charge for the period between the first day of the month in which the date of Termination or Expiry will be equal to the Unitary Charge pro-rated according to the number of days in that month occurring before the Termination or Expiry of the Term. 25MARKET TESTING AND BENCHMARKING19 PPP Co. will undertake the Benchmarking Exercise at its own cost six (6) months before any Market Testing Review Date in relation to the Testable Services. If PPP Co. does not think that it is possible to carry out a Benchmarking Exercise, it must inform the Authority [ ] months before any Market Testing Review Date. If the Authority disagrees, the matter may be referred by either party to the Dispute Resolution Procedure. Each Benchmarking Exercise will be undertaken to ascertain the relative quality, cost and competitiveness of the Testable Services in question as against Comparable Services and will be undertaken in good faith by PPP Co. or on its behalf by O&M Co. With a view to agreeing with the Authority the appropriate adjustments to the Unitary Charge on the basis set out in Clause 25.5 (Adjustments to Unitary Charge), PPP Co. will make the results of any Benchmarking Exercise available to the Authority by the date occurring three (3) months before the relevant Market Testing Review Date. The results will indicate the extent to which (if at all) the costs of such Comparable Services after having been adjusted to take account of the Adjustment Factors (“Market Costs”) differ (in percentage terms) from the element within the Financial Model as the cost...
Set-Off on Termination. 3.1 Except where expressly stated otherwise, the Scottish Ministers are not entitled to set off any amount against any payment of termination compensation (whether payable as a lump sum or in instalments) under Part 1 of this Schedule 11 (Termination on Scottish Ministers Default or Voluntary Termination by the Scottish Ministers), Part 2 of this Schedule 11 (Termination for Force Majeure), Part 3 of this Schedule 11 (Termination for Corrupt Gifts and Fraud, Breach of Refinancing or Breach of NPD Requirements), save to the extent that after such an amount has been set off, the termination payment made would be in an amount greater than or equal to the Base Senior Debt Termination Amount or the Revised Senior Debt Termination Amount, as the case may be, at that time.
Set-Off on Termination. Except where expressly stated otherwise, the Authority is not entitled to set off any amount against any payment of termination compensation under clauses 38 (Compensation on Termination for Force Majeure), 36 (Compensation on Termination for Corrupt Gifts and Fraud) and 35 (Compensation on Termination for Authority Default/Voluntary Termination), save to the extent that after such an amount has been set off, the termination payment made would be an amount greater than or equal to the Base Senior Debt Termination Amount or the Revised Senior Debt Termination Amount, as the case may be at that time.
Set-Off on Termination. Except where expressly stated otherwise, the Authority is not entitled to set-off any amount against any payment of termination compensation (whether payable as a lump sum or in instalments) under Clauses 44 (Force Majeure Compensation), 46 (
Set-Off on Termination. The Authority is not entitled to set off any amount against the Authority Termination Sum or the Extended Force Majeure Termination Sum if the effect of exercising such right of set off would be to reduce the amount payable to Developer to less than an amount equal to the Lenders’ Liabilities.