Termination Amount Clause Samples

Termination Amount. Notwithstanding any provision hereof to the contrary, in the event the aggregate adjustments for Title Defects pursuant to this Article 10 and for Environmental Defects pursuant to Article 11 amount to twenty percent (20%) or more of the Adjusted Purchase Price (the "Termination Amount"), either Party shall have the option to terminate this Agreement, without any liability, upon written notice to the other Party.

Termination Amount. The Terminating Party shall calculate an amount (the "Termination Amount") to be paid in accordance with § 10.3 (Termination for Material Reasons) and § 10.4 (Automatic Termination) by calculating the sum (whether positive or negative) of all Settlement Amounts for all Individual Contracts and taking account of any or all other amounts payable between the Parties under or in connection with the Agreement. If the Termination Amount is negative, an amount equal to the absolute value of the Termination Amount shall be payable to the Terminating Party by the other Party. If the Termination Amount is positive, an amount equal to the Termination Amount shall be payable by the Terminating Party to the other Party.

Termination Amount. Where the Buyer is the Terminating Party, the following shall apply to the Buyer: [specify one option] [ ] § 19.2 (Mark-to-Market Termination Amount); or [ ] § 19.4 (Alternative Termination Amount) as follows: Where the Seller is the Terminating Party, the following shall apply to the Seller: [specify one option] [ ] § 19.2 (Mark-to-Market Termination Amount); [ ] § 19.3 (Outstanding Debt Termination Amount); or [ ] § 19.4 (Alternative Termination Amount) as follows:

Termination Amount. ‌ (a) Where this Agreement is terminated as a consequence of your breach, you are liable to pay to Sunwater the Termination Amount (without limiting any other rights of Sunwater under this Agreement or otherwise against you in relation to any such breach). (b) You acknowledge that the Termination Amount is intended to represent a reasonable assessment of the loss of future revenue, increased average operating costs, proportionate share of ongoing fixed costs and decommissioning costs likely to be incurred by Sunwater for the Sunwater Works having regard to the quantities of water supplied and the persons supplied from the Sunwater Works. (c) Sunwater has the right to undertake a formal assessment of the Termination Amount, at your cost.

Termination Amount. (a) The “Termination Amount” shall equal: (i) the Termination Date Purchase Value, which is the aggregate amount payable to ▇▇▇▇ under the Step-Out Inventory Sales Agreement, plus (ii) all unpaid amounts payable hereunder by the Company to ▇▇▇▇ in respect of Crude Oil delivered on or prior to the Termination Date, plus (iii) all Ancillary Costs incurred through the Termination Date that have not yet been paid or reimbursed by the Company, plus (iv) in the case of an agreed early termination, the amount reasonably determined by ▇▇▇▇ as the breakage costs it incurred in connection with the termination, unwinding or redeploying of all Related ▇▇▇▇▇▇ as a result of such early termination, plus (v) the aggregate amount due under Section 10.2(a) hereof, calculated as of the Termination Date with such date being the final day of the last monthly period for which such calculations are to be made under this Agreement; provided that, if such amount under Section 10.2(a) is due to ▇▇▇▇, then such amount will be included in this Termination Amount as a positive number and if such amount under Section 10.2(a) is due to the Company, then such amount will be included in this Termination Amount as a negative number; (vi) any FIFO Balance Final Settlement that is determined to be due pursuant to Schedule N hereto; provided that, if such FIFO Balance Final Settlement is due to ▇▇▇▇, then such amount will be included in this Termination Amount as a positive number and if such amount under Section 10.2(a) would be due to the Company, then such amount will be included in this Termination Amount as a negative number; (vii) all unpaid amounts payable hereunder by ▇▇▇▇ to the Company in respect of Product delivered on or prior to the Termination Date, minus (viii) all amounts due from ▇▇▇▇ to the Company under the Marketing and Sales Agreement for services provided up to the Termination Date, minus (ix) the amount of the Deferred Portion. All of the foregoing amounts shall be aggregated or netted to a single liquidated amount owing from one Party to the other. If the Termination Amount is a positive number, it shall be due to ▇▇▇▇ and if it is a negative number, the absolute value thereof shall be due to the Company. (b) The Parties acknowledge that one or more of the components of the Termination Amount will not able to be definitively determined by the Termination Date and therefore agree that ▇▇▇▇ shall, in a commercially reasonable manner, estimate each of such components and...

Termination Amount. (a) The Customer acknowledges that the Termination Amount: (i) is intended to represent a genuine and reasonable assessment of the loss of future profit, increased average operating costs, proportionate share of ongoing fixed costs and decommissioning costs likely to be incurred by the Scheme Owner for the Distribution Network having regard to the quantities of water supplied and the persons supplied from the Distribution Network; and (ii) protects a legitimate commercial interest of the Scheme Owner for the occurrence of the circumstances in which the Termination Amount becomes payable. (b) The Scheme Owner reserves the right to undertake a formal assessment of the Termination Amount, at the cost of the Customer.

Termination Amount. (1) Despite any other provision in this Agreement relating to the payment of fees and expenses, including the payment of brokerage fees if a Company Termination Amount Event occurs, the Company shall pay to the Purchaser the Termination Amount in accordance with Section 8.2(2) as proceeds of disposition of the Purchaser’s rights under this Agreement. For the purposes of this Agreement:

Termination Amount. 3.1 The Termination Amount shall be the sum (in pounds sterling (£)) calculated as the annual amount of the Annual Capacity Charge (in £) specified in paragraph 4.1 of Schedule 4 [or Schedule 4A (as applicable)] multiplied by three (3). 3.2 The Parties agree that the calculation of the Termination Amount is commercially justifiable in light of anticipated harm and difficulty of estimation or calculation of actual damages. SCHEDULE 2- COMMISSIONING CARGOS 1.1 In this Schedule 2, the following terms shall have the following meanings:

Termination Amount. The Customer acknowledges that the Termination Amount is intended to represent a reasonable assessment of the loss of future profit, increased average operating costs, proportionate share of ongoing fixed costs and decommissioning costs likely to be incurred by SunWater for the SunWater Works having regard to the quantities of water supplied and the persons supplied from the SunWater Works. SunWater reserves the right to undertake a formal assessment of the Termination Amount, at the cost of the Customer.