Availability Liquidated Damages definition

Availability Liquidated Damages or “ALD” has the meaning set forth in paragraph (b) of Section 1 (Facility Availability) of Appendix P (Performance Guarantees).
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Availability Liquidated Damages means the liquidated damages payable by the Concessionaire to the Authority for a failure of the WtE Facility to achieve the Availability Guarantee, which are to be calculated in accordance with Schedule [●]. Average Per Ton Gross Revenue has the meaning ascribed to it in Clause 18.7(b). Bid Due Date means the last date of submission of the Bids as set out in the RFP. Bid Process means the [single-stage bidding process, with two sub-stages] / [two- stage bidding process]10, undertaken by the Authority to award the Project to the Selected Bidder on the terms and conditions set out in the RFP. The Bid Process commenced with the issuance of the RFP and ends on the Execution Date. Bid Security means the unconditional, irrevocable bank guarantee submitted by the Concessionaire to the Authority during the Bid Process. Bids means the bids submitted in response to the RFP for qualification and award of the Project.
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Availability Liquidated Damages means the amount equal to the percentage of the Contract Price set out in the Key Information Table for each percentage of shortfall between the Measured Availability and the Minimum Guaranteed Availability. "Availability Liquidated Damages Cap" is defined in the Key Information Table, Indexed.
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Examples of Availability Liquidated Damages in a sentence

  • In the event that, at the end of any such Contract Year, the Annual Storage Availability is less than the Guaranteed Storage Availability, Seller shall pay to Buyer the Storage Availability Liquidated Damages, as calculated pursuant to Schedule 6.3.

  • Without prejudice to Clause 8.12(a)(iv), if the Availability on any given day is less than the Guaranteed Availability, if the Availability of any Facility on any given day is less than the Guaranteed Availability, then the Concessionaire shall pay the liquidated damages set out in Schedule 7 (the Availability Liquidated Damages).

  • The aggregate Availability Liquidated Damages payable by the Concessionaire in any quarter of the O&M Period will be deducted from the O&M Payments due to the Concessionaire for such quarter.

  • The maximum amount payable by the O&M Contractor in respect of such Availability Liquidated Damages or pursuant to this Clause 9.10 will not exceed the Availability Liquidated Damages Cap.

  • Subject to Clauses 11.1(b) and 11.2 (Exclusions), the total liability of the O&M Contractor in respect of any claim arising in any Contract Year and arising out of or in connection with this Agreement (including Availability Liquidated Damages) will not exceed in aggregate, the Maximum Annual O&M Contractor Liability.

  • If for any Availability Test Period the average Measured Availability is less than the Minimum Guaranteed Availability, the O&M Contractor shall pay to the Project Company the Availability Liquidated Damages .

  • No later than ten (10) Business Days following notification from the Project Company that Availability Liquidated Damages are payable, the O&M Contractor shall pay the same to the Project Company, which may (irrespective of any default of payment by the O&M Contractor) be recovered by the Project Company as a debt or setoff against any payment of the Price or any other payment due from the Project Company to the O&M Contractor.

  • The Availability Liquidated Damages shall be the only damages due from the O&M Contractor in respect of a failure to meet the Minimum Guaranteed Availability, other than in the event of termination under this Agreement.

  • Setoff The Project Company may at any time with notice to the O&M Contractor, set off any liability of the O&M Contractor to the Project Company (howsoever arising and whether any such liability is present or future, liquidated or unliquidated and irrespective of the currency of its denomination), including Availability Liquidated Damages and Response Time Price Adjustment against any sum or sums that would otherwise be due to the O&M Contractor under this Agreement.

  • At the end of each Availability Test Period, the O&M Contractor shall calculate the amount of Availability Liquidated Damages or Availability Bonus payable in respect of that Availability Test Period and must notify the same to the Project Company as soon as reasonably practicable but no later than ten (10) Business Days following the end of that Availability Test Period.


More Definitions of Availability Liquidated Damages

Availability Liquidated Damages means the liquidated damages payable by the Concessionaire to the [Name of the Project Executive agency]Executive Agency for failure to achieve the Guaranteed Availability, in accordance with Clause 8.12(a)(v).
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Availability Liquidated Damages has the meaning ascribed thereto in Article 5.2 of Part C of the Agreement. "Kara Umowna Dotycząca Dostępności " ma znaczenie przypisane w art. 5.2 Części C Umowy.
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Availability Liquidated Damages means the compensation payable by the Concessionaire to the KMC for failure to achieve the Guaranteed Availability, in accordance with Article 8.12(a)(v).
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Availability Liquidated Damages shall have the meaning ascribed to such term in Section 10.6.
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Availability Liquidated Damages shall have the meaning set forth in Section 3.1.
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Availability Liquidated Damages has the meaning set forth in Section 3.2.1(a). “Back-Up Metering” – has the meaning set forth in Section 5.5.2.
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Related to Availability Liquidated Damages

  • Delay Liquidated Damages has the meaning set forth in Section 13.1.

  • Performance Liquidated Damages means any liquidated damages resulting from the Project’s performance which are required to be paid by the EPC Contractor or any other Material Project Party for or on account of any diminution to the performance of the Project.

  • SPECIAL LIQUIDATED DAMAGES means the amount payable by the Transport Supplier in case of default arising out of Non-availability of vehicle(s)/crew when the Company's operations are normal and also Non-availability of services due to unauthorized / lightening strike by Transport Supplier or his/her crew for any reason whatsoever. The period of non-availability of services will be treated as shutdown and shall attract Special Liquidated damage at the rate of twice the pro- rata fixed charge per day. Special L.D. shall be levied irrespective of whether such default resulted in a shutdown for the whole day or part thereof.

  • Liquidated Damages shall have the meaning set forth in Section 2(e) hereof.

  • Liquidated Damages Multiplier means, with respect to a particular Purchaser, (i) the product of the Common Unit Price multiplied by (ii) the number of Purchased Units purchased by such Purchaser that may not be disposed of without restriction and without the need for current public information pursuant to any section of Rule 144 (or any similar provision then in effect) under the Securities Act.

  • Liquidated Damages Amount has the meaning set forth in Section 2(e) hereof.

  • Availability Date means the day after the end of the fourth fiscal quarter following the fiscal quarter that includes such Effective Time on which the Company is required to file its Form 10-Q for such fiscal quarter except that, if such fourth fiscal quarter is the last quarter of the Company’s fiscal year, “Availability Date” means the day after the end of such fourth fiscal quarter on which the Company is required to file its Form 10-K.

  • Availability Payment means the payment to Owner described in Section 8.1 for Condition 1 and 8.2 for Condition 2.

  • Daily Failure Amount means the product of (x) .005 multiplied by (y) the Closing Sale Price of the Common Stock on the applicable Share Delivery Date.

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Utilization Fee shall have the meaning assigned to such term in Section 2.06(b).

  • Availability Amount is (a) the lesser of (i) the Revolving Line or (ii) the amount available under the Borrowing Base minus (b) the outstanding principal balance of any Advances.

  • Extra Premium means an additional amount charged by Us, as per Our Underwriting Policy, which is determined on the basis of disclosures made by You in the Proposal Form or any other information received by Us including medical examination report of the Life Insured.

  • Applicable Utilization Fee means, as of any date that the aggregate Advances exceed 33% of the aggregate Commitments, a percentage per annum determined by reference to the Public Debt Rating in effect on such date as set forth below: -------------------------------- ----------------------------- Public Debt Rating Applicable S&P/Moody's Utilization Fee -------------------------------- ----------------------------- Level 1 BBB+ or Baa1 or above 0.125% -------------------------------- ----------------------------- Level 2 BBB or Baa2 0.250% -------------------------------- ----------------------------- Level 3 BBB- and Baa3 0.000% -------------------------------- ----------------------------- Level 4 BBB- or Baa3 0.000% -------------------------------- ----------------------------- Level 5 BB+ and Ba1 0.000% -------------------------------- ----------------------------- Level 6 Lower than Level 5 0.000% -------------------------------- -----------------------------

  • Damages Payment Date With respect to the Series A Notes, each Interest Payment Date.

  • Scheduled Unavailability Date has the meaning specified in Section 3.03(c).

  • Maximum Face Amount means, with respect to any outstanding Letter of Credit, the face amount of such Letter of Credit including all automatic increases provided for in such Letter of Credit, whether or not any such automatic increase has become effective.

  • Total Amount means the total amount of the Grant as set out in the Grant Schedule.

  • Final Availability Date means the earlier of the Revolving Termination Date and one (1) Business Day prior to the date specified in clause (a) of the definition of Revolving Termination Date.

  • default value means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in this Directive, be used in place of an actual value;’;

  • Daily Maximum Cash Amount means, with respect to the conversion of any Note, the quotient obtained by dividing (A) the Specified Dollar Amount applicable to such conversion by (B) forty (40).

  • Aggregate Amounts Due as defined in Section 2.17.

  • Default Fee means with respect to any amount due and payable by Seller in respect of any Aggregate Unpaids, an amount equal to the greater of (i) $1000 and (ii) interest on any such unpaid Aggregate Unpaids at a rate per annum equal to 3.50% above the Alternate Base Rate.

  • Aggregate Amount means the aggregate amount by which the resolution authority has assessed that eligible liabilities are to be written down or converted, in accordance with Article 46(1);