Availability Liquidated Damages definition

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.

Availability Liquidated Damages or “ALD” has the meaning set forth in paragraph (b) of Section 1 (Facility Availability) of Appendix P (Performance Guarantees).

Availability Liquidated Damages means the liquidated damages payable by the Concessionaire to the Authority for a failure of the WtC 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]7, 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 7 Drafting Note: To be deleted if the bidding process is structured as a single stage bidding process with two sub-stages. qualification and award of the Project.

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.

• The Parties agree that the damages Buyer would incur due to Seller’s failure to meet the Guaranteed Storage Availability would be difficult or impossible to predict with certainty and the Storage Availability Liquidated Damages amount is a reasonable approximation of such damages.

• Any disputes regarding the calculation of the Annual Storage Availability or Storage Availability Liquidated Damages shall be resolved pursuant to Article 18.

• The Storage Availability Liquidated Damages, if any, shall be reflected as a credit to Buyer on the Monthly Invoice issued with respect to the last month of the applicable Contract Year.

• 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.

More Definitions of Availability Liquidated Damages

Availability Liquidated Damages has the meaning set forth in Appendix J.

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).

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).

Availability Liquidated Damages shall have the meaning set forth in Section 3.1.

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.

Availability Liquidated Damages shall have the meaning ascribed to such term in Section 10.6.

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.