Settlement of Damages for Non Sample Clauses

Settlement of Damages for Non. Compliance with the Health, Safety and Environmental Requirements Established by this Contract A) US$650 (six hundred and fifty dollars) in the event of a serious breach. B) US$1,300 (one thousand three hundred dollars) in the event of very serious breach. In the event that the breach expressed in points A), B) and the “extremely serious” cases should cause injury to workers, ENEL, at its sole discretion, shall be entitled to demand the settlement of damages for up to 2% of all the amount of the Contract, and in no case less than US$1,300.00 (one thousand three hundred dollars). Along with the settlement of damages expressed above, ENEL, at its exclusive discretion, has the authority to: 1. Stop the execution of the activities under the Contract for a number of days that may vary depending on the degree of importance of the breach and, in any case, until an adjustment or improvement has been made to correct said non-compliance; and without the Supplier having the right as a result to extend the deadline set to finish the works or to demand compensation for damages. 2. Require the Supplier to make its employees - the people to whom the breach can be attributed - receive additional training consisting of a 16-hour course on safety and environmental issues. 3. Withhold 10% of the payment to the Supplier from the moment in which the breach is verified until it is confirmed that an adjustment or improvement has been made to remedy said breach. The application of penalties shall be done in accordance with local tax laws. ENEL shall donate the amount of the penalties to a fund set up to finance information and training on safety and the environment to be given to the Suppliers.
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Settlement of Damages for Non. Compliance with the Health, Safety and Environmental Requirements Established by this Contract A) US$650 (six hundred and fifty dollars) in the event of a serious breach. B) US$1,300 (one thousand three hundred dollars) in the event of very serious breach. In the event that the breach expressed in points A), B) and the “extremely serious” cases should cause injury to workers, ENEL, at its sole discretion, shall be entitled to demand the settlement of damages for up to 2% of all the amount of the Contract, and in no case less than US$1,300.00 (one thousand three hundred dollars). Along with the settlement of damages expressed above, ENEL, at its exclusive discretion, has the authority to:
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Settlement of Damages for Non. Compliance with the Health, Safety and Environmental Requirements Established by this Contract A) US$650 (six hundred and fifty dollars) in the event of a serious non-compliance. B) US$1,300 (one thousand three hundred dollars) in the event of very serious non-compliance. In the event that the non-compliance expressed in points A), B) and the “extremely serious” cases should cause injury to workers, ENEL, at its sole discretion, shall be entitled to demand the settlement of damages for up to 2% of all the amount of the Contract, and in no case less than US$1300.00 (one thousand three hundred dollars). Along with the settlement of damages expressed above, ENEL, at its exclusive discretion, has the authority to: Stop the execution of the activities under the Contract for a number of days that may vary depending on the degree of importance of the non-compliance and, in any case, until an adjustment or improvement has been made to correct said non-compliance; and without the Supplier having the right as a result to extend the deadline set to finish the works or to demand compensation for damages. Require the Supplier to make its employees – the people to whom the non-compliance can be attributed – receive additional training consisting of a 16-hour course on safety and environmental issues. Withhold 10% of the payment to the Supplier from the moment in which the non-compliance is verified until it is confirmed that an adjustment or improvement has been made to remedy said non-compliance. If the number of non-compliances is such that the amount of the damage settlement reaches 5% of the contractual amount, ENEL shall be authorised to terminate the Contract, notifying the Supplier in advance of its decision. The application of the penalties shall affect the rating of the Supplier. Penalties shall be applied in accordance with local tax laws. ENEL shall donate the amount of the penalties to a fund set up to finance information and training on safety and the environment to be given to the Suppliers. The Company ................................................................................................... in the person of its legal representative.............................................................. Acknowledges that:  The ENEL Group has adopted a Code of Ethics and approved the Zero Tolerance Plan against Corruption;  These documents express the commitments and ethical responsibility of the ENEL Group in the management of its business and in the man...
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Related to Settlement of Damages for Non

  • Payment of Damages The indemnification required hereunder shall be made by periodic payments of the amount thereof during the course of the investigation or defense, within 10 days as and when reasonably specific bills are received or loss, liability, claim, damage or expense is incurred and reasonable evidence thereof is delivered. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all reimbursements (including, without limitation, insurance proceeds) credited to or received by the other party related to the Damages.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • Damages for delay Subject to the provisions of Clause 12.4, if COD does not occur prior to the 91st day after the Scheduled Completion Date, unless the delay is on account of reasons solely attributable to the Authority or due to Force Majeure, the Concessionaire shall pay Damages to the Authority in a sum calculated at the rate of 0.1% (zero point one per cent) of the amount of Performance Security for delay of each day until COD is achieved.

  • INDEMNIFICATION AND PAYMENT OF DAMAGES BY BUYER Buyer will indemnify and hold harmless Sellers, and will pay to Sellers the amount of any Damages arising, directly or indirectly, from or in connection with (a) any Breach of any representation or warranty made by Buyer in this Agreement or in any certificate delivered by Buyer pursuant to this Agreement, (b) any Breach by Buyer of any covenant or obligation of Buyer in this Agreement, or (c) any claim by any Person for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by such Person with Buyer (or any Person acting on its behalf) in connection with any of the Contemplated Transactions.

  • No Damages for Delay The Contractor has no claim for monetary damages for delay or hindrances to the Work from any cause, including without limitation any act or omission of the Owner.

  • Calculation of Damages (a) The amount of any Damages payable under Section 9.02 by the Indemnifying Party shall be net of any amounts recovered or recoverable by the Indemnified Party under applicable insurance policies from any other third party with indemnification obligations or from any other Person alleged to be responsible therefor. If the Indemnified Party receives any amounts under applicable insurance policies, from any other third party with indemnification obligations or from any other Person alleged to be responsible for any Damages, subsequent to an indemnification payment by the Indemnifying Party, then such Indemnified Party shall promptly reimburse the Indemnifying Party for any payment made or expense incurred by such Indemnifying Party in connection with providing such indemnification payment up to the amount received by the Indemnified Party, net of any expenses incurred by such Indemnified Party in collecting such amount. (b) The Indemnifying Party shall not be liable under Section 9.02 for any (i) Damages relating to any matter to the extent that there is included in the Preliminary Balance Sheet a specific liability or reserve relating to such matter, (ii) consequential or punitive Damages or (iii) Damages for lost profits. (c) Notwithstanding any other provision of this Agreement to the contrary, if on the Closing Date the Indemnified Party has actual knowledge of any information that would cause one or more of the representations and warranties made by the Indemnifying Party to be inaccurate as of the date made, the Indemnified Party shall have no right or remedy after the Closing with respect to such inaccuracy and shall be deemed to have waived its rights to indemnification in respect thereof.

  • INDEMNIFICATION AND PAYMENT OF DAMAGES BY SELLERS Sellers, jointly and severally, will indemnify and hold harmless Buyer, the Company, and their respective representatives, stockholders, controlling persons, and affiliates (collectively, the "Indemnified Persons") for, and will pay to the Indemnified Persons the amount of, any loss, liability, claim, damage (including incidental and consequential damages), expense (including costs of investigation and defense and reasonable attorneys' fees) or diminution of value, whether or not involving a third-party claim (collectively, "Damages"), arising, directly or indirectly, from or in connection with: (a) any and all loss, liability or damage suffered or incurred by Buyer in respect of any debt, obligation or liability of the Company or of Seller not disclosed in this Agreement, any of the Exhibits attached hereto, or in writing to Buyer prior to the Closing Date; (b) any breach of any representation or warranty made by Sellers in this Agreement, the Exhibits attached hereto, or any other certificate or document delivered by Sellers pursuant to this Agreement; (c) any breach of any representation or warranty made by Sellers in this Agreement as if such representation or warranty were made on and as of the Closing Date; (d) any Breach by either Seller of any covenant or obligation of such Seller in this Agreement; (e) any claim by any Person for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by any such Person with either Seller or the Company (or any person acting on their behalf) in connection with any of the transactions contemplated hereby. The remedies provided in this Section 9.2 will not be exclusive of or limit any other remedies that may be available to Buyer or the other Indemnified Persons.

  • Limitation of Damages THE LIABILITY OF THE SELLER SHALL NOT EXTEND TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFIT, DELAY OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE FAILURE OF ANY SHEET TO CONFORM TO THE PROVISIONS OF THIS LIMITED WARRANTY. SHEFFIELD SHALL NOT IN ANY EVENT BE LIABLE FOR THE COST OF LABOR EXPENDED BY OTHERS ON ANY DEFECTIVE PANEL OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE TO ANYONE BY REASON OF THE FACT THAT SUCH PANELS SHALL HAVE BEEN DEFECTIVE. THIS WARRANTY IS GIVEN AS THE EXCLUSIVE WARRANTY AND EXCLUSIVE REMEDY, AND NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR PURPOSES, ARE MADE, AND ANY SUCH OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED IN THIS INSTRUMENT. CUSTOMER WAIVES THE BENEFIT OF ANY RULE THAT THE DISCLAIMERS OF WARRANTY SHALL BE CONSTRUED AGAINST THE SELLER, AND AGREES THAT THE DISCLAIMERS IN THIS INSTRUMENT SHALL BE CONSTRUED LIBERALLY IN FAVOR OF SHEFFIELD. SHEFFIELD SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SHEFFIELD HEREBY DISCLAIMS ALL LIABILITIES FOR DAMAGES BASED ON THEORIES OF NEGLIGENCE AND STRICT PRODUCT LIABILITY.

  • Mitigation of Damages The Executive will not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise. Except as otherwise specifically provided in this Agreement, the amount of any payment provided for under this Agreement will not be reduced by any compensation earned by the Executive as the result of self-employment or employment by another employer or otherwise.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation. By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

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