CA Compensation Event definition

CA Compensation Event has the meaning given to the term “Compensation Event” as defined in the Comprehensive Agreement.
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CA Compensation Event means any of the following specified events that constitutes a “Compensation Event” under the Comprehensive Agreement and that entitles Contractor to claim a Scope Change pursuant to Section 12.6 hereof (which Scope Change may include an adjustment to the Contract Sum and other appropriate changes to the Contract Documents), but only if and to the extent (i) Contractor has used Commercially Reasonable Efforts in order to prevent or avoid such event and mitigate the effect of such event on its ability to perform its obligations under this Agreement and which by the exercise of reasonable due diligence Contractor could not reasonably have been expected to avoid and which by the exercise of reasonable due diligence it has been unable to overcome and (ii) such event is not the result of the negligence or misconduct of a Contractor Party or any act or omission of a Contractor Party in breach of the provisions of this Agreement:
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Examples of CA Compensation Event in a sentence

  • Contractor will take all steps reasonably necessary to mitigate the amount of the Contract Sum Adjustment attributable to, and other consequences of, any CA Compensation Event, including all steps that would generally be taken in accordance with Good Industry Practice, including filing a timely claim for insurance and pursuing such claims.

  • The costs to Contractor attributable to the CA Compensation Event described in this Section 12.6.4.1 for which the Department bears responsibility pursuant to Section 14.01(f)(ii) of the Comprehensive Agreement are to be paid by the Department to Concessionaire, which in turn shall promptly pay over the amount received to Contractor.

  • To the best of Contractor’s knowledge after diligent inquiry, no event which, with the passage of time or the giving of notice, would constitute a CA Delay Event or a CA Compensation Event under this Agreement has occurred.

  • Without limiting Contractor’s rights with respect to non-monetary relief for CA Delay Events in accordance with Section 12.5, the Contract Sum Adjustment as expressly provided in this Agreement will represent the sole right to compensation and damages for the adverse effects of a CA Compensation Event.

  • If Contractor is affected by a CA Compensation Event, it will give written notice to Concessionaire within fifteen (15) days following the date on which Contractor first became aware (or should have become aware using all reasonable due diligence) that an event has occurred and that it is or will become a CA Compensation Event (a “CA Compensation Event Notice”).

  • Concessionaire shall submit a “Compensation Event Notice” to the Department under Section 14.01(a)(i) of the Comprehensive Agreement based on the CA Compensation Event Notice submitted by Contractor and such other information provided by Contractor pursuant to this Section 12.6.1.1 and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Compensation Event claimed by Contractor.

  • If, for any reason, Contractor fails to deliver such CA Compensation Event Notice within such fifteen (15) day period, Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to an adjustment to the Contract Sum or other adverse effects on costs, expenses and liabilities attributable to such CA Compensation Event.

  • The Contract Sum shall be adjusted only in an amount necessary to compensate Contractor for all reasonable, unavoidable costs and expenses (including additional Taxes) attributable to the CA Compensation Event and mitigate or avoid the effects of the CA Compensation Event (net of any savings incurred by Contractor as a result of the CA Compensation Event) (the “Contract Sum Adjustment”).

  • She leaves with great respect from her colleagues, both at HOC and the County, and the residents and community at large.• Earthquake Damage:o Strathmore Court Apartments suffered damage resulting when supply lines to the water heaters broke and created a flooding situation affecting 81 units.

  • If the Department has not notified the Concessionaire of such approval or disapproval within 15 Days after such Concessionaire notice, and if the delay is not a result of a DB Contractor Party’s action or inaction, then such delay will constitute a CA Compensation Event and the provisions of Section 14.01 shall apply.

Related to CA Compensation Event

  • Compensation Event means any of the following events or circumstances if and to the extent that it interferes adversely with, or causes a failure of, the carrying out of the Design, the Construction or the Services, causes an Unavailability Event or causes Direct Losses to Project Co or any Project Co Person:

  • Clawback Eligible Incentive Compensation means all Incentive-based Compensation Received by an Executive Officer (i) on or after the effective date of the applicable Nasdaq rules, (ii) after beginning service as an Executive Officer, (iii) who served as an Executive Officer at any time during the applicable performance period relating to any Incentive-based Compensation (whether or not such Executive Officer is serving at the time the Erroneously Awarded Compensation is required to be repaid to the Company), (iv) while the Company has a class of securities listed on a national securities exchange or a national securities association, and (v) during the applicable Clawback Period (as defined below).

  • Termination Compensation means a monthly cash amount equal to one-twelfth ( 1/12th) of the highest amount of the annual cash compensation (including cash bonuses and other cash-based compensation, including for these purposes amounts earned or payable whether or not deferred) received by Executive during any one of the three (3) calendar years immediately preceding the calendar year in which Executive’s Termination Date occurs; provided, that if the cash compensation received by Executive during the Termination Year exceeds the highest amount of the annual cash compensation received by Executive during any one of the immediately preceding three (3) consecutive calendar years, the cash compensation received by Executive during the Termination Year shall be deemed to be Executive’s highest amount of annual cash compensation. In no event shall Executive’s Termination Compensation include equity-based compensation (e.g., income realized as a result of Executive’s exercise of non-qualified stock options or other stock based benefits).

  • Additional Compensation has the meaning set out in Section 13.3(1).

  • ERISA Termination Event means (i) a “Reportable Event” described in Section 4043 of ERISA and the regulations issued thereunder (other than a “Reportable Event” not subject to the provision for 30-day notice to the PBGC under such regulations), or (ii) the withdrawal of a Borrower or any of its ERISA Affiliates from a “single employer” Plan during a plan year in which it was a “substantial employer”, both of such terms as defined in Section 4001(a) of ERISA, or (iii) the filing of a notice of intent to terminate a Plan or the treatment of a Plan amendment as a termination under Section 4041 of ERISA, or (iv) the institution of proceedings to terminate a Plan by the PBGC or (v) any other event or condition which might constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a trustee to administer, any Plan or (vi) the partial or complete withdrawal of a Borrower or any ERISA Affiliate of such Borrower from a “multiemployer plan” as defined in Section 4001(a) of ERISA.

  • Special compensation means payment to an adult foster care facility to ensure the provision of a specialized program in addition to the basic payment for adult foster care. Special compensation does not include payment received directly from the Medicaid program for personal care services for a resident, or payment received under the supplemental security income program.

  • Swap Termination Event means any event defined as a “Swap Termination Event” in the Interest Rate Swap Agreement.

  • Additional Termination Event has the meaning specified in Section 5(b).

  • Contingent Compensation Payment means any payment (or benefit) in the nature of compensation that is made or made available (under this Agreement or otherwise) to a “disqualified individual” (as defined in Section 280G(c) of the Code) and that is contingent (within the meaning of Section 280G(b)(2)(A)(i) of the Code) on a Change in Ownership or Control of the Company.

  • Compensation Period has the meaning specified in Section 2.12(c)(ii).

  • Final compensation of a member means:

  • Company Termination Event has the meaning set forth in Section 10 hereof.

  • Bonus Compensation shall have the meaning set forth in Section 3(b).

  • Potential Termination Event means an event which, with the passage of time or the giving of notice, or both, would constitute a Termination Event.

  • Current Compensation means all regular wage, salary and commission payments paid by the Company to a Participant in accordance with the terms of his or her employment, but excluding annual bonus payments and all other forms of special compensation.

  • Eligible Compensation means (i) for eligible exempt employees, such employee’s base salary at the time the Bonus or Spot Bonus is determined (prorated for time in an eligible position), and (ii) for eligible non-exempt and non-union hourly employees, such employees’ eligible wages for the applicable year as determined by the Company to be required by law.

  • Basic Compensation means Salary and Benefits.

  • Unmatured Termination Event means an event that, with the giving of notice or lapse of time, or both, would constitute a Termination Event.

  • Average Incentive Compensation means the average of the annual incentive compensation under Subparagraph 3(a) received by Executive for the three (3) immediately preceding fiscal years or such fewer number of complete fiscal years as Executive may have been employed by the Company. In no event shall “Average Incentive Compensation” include any sign-on bonus, retention bonus or any other special bonus. Notwithstanding the foregoing, if the Executive breaches any of the provisions contained in Paragraphs 4 and 5 of this Agreement, all payments of the Severance Amount shall immediately cease. Notwithstanding the foregoing, in the event Executive terminates his employment for Good Reason as provided in Subparagraph 6(e), he shall be entitled to the Severance Amount only if he provides the Notice of Termination provided for in Subparagraph 6(f) within thirty (30) days after the occurrence of the event or events which constitute such Good Reason as specified in clauses (A), (B), (C), (D), (E) and (F) of Subparagraph 6(e);

  • Total Compensation means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

  • Compensation Payment means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of an insurer to a complainant to compensate the complainant for a proven or estimated financial loss incurred as a result of the insurer’s contravention, non-compliance, action, failure to act, or unfair treatment forming the basis of the complaint, where the insurer accepts liability for having caused the loss concerned, but excludes any –

  • Cash Compensation means any discount, concession, fee, service fee, commission, sales charge, loan, override, or cash benefit received by a producer in connection with the recommendation or sale of an annuity from an insurer, intermediary, or directly from the consumer.

  • Control Termination Event shall have the meaning given to such term or any one or more analogous terms in the Lead Securitization Servicing Agreement.

  • Equity Compensation means any stock option, stock appreciation, stock purchase, restricted stock, restricted stock unit, long term incentive cash bonus award or any other kind of equity-based plan, program, arrangement or grant regardless of whether the form of distribution is in stock or cash.

  • Annual Compensation means the wages paid to the member during covered employment within the meaning of Section 3401(a) of the Internal Revenue Code, but determined without regard to any rules that limit the remuneration included in wages based upon the nature or location of employment or services performed during the plan year plus amounts excluded under Section 414(h)(2) of the Internal Revenue Code and less reimbursements or other expense allowances, cash, or noncash fringe benefits or both, deferred compensation, and welfare benefits. Annual compensation for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with §5-10D-7 of this code and Section 401(a)(17) of the Internal Revenue Code.

  • Compensation Limit means the compensation limit of Section 401(a)(17) of the Code, as adjusted under Section 401(a)(17)(B) of the Code for increases in the cost of living.