Contractor Breakage Costs definition

Contractor Breakage Costs means: (a) loss of profits limited to an amount equivalent to the Contractor's projected loss of profits for the period from the Termination Date to the earlier of the Expiry Date and the date falling twelve (12) Months after the Termination Notice, as calculated by reference to the Cost Model (and where the termination is of part of this Contract, such profits shall relate only to the element of the Contract that is terminated), but does not include loss of profits relating to sub-contracts with Affiliates of the Contractor; (b) costs that have been or will be reasonably and properly incurred by the Contractor as a direct result of the termination of this Contract, but only to the extent that: (i) the costs are incurred in connection with the Contract, in respect of the provision of the Services and fall within the following categories of costs: (aa) any costs payable for early termination of Sub-Contracts with Sub-Contractors entered into by the Contractor prior to receipt of the Termination Notice (excluding any profit element within such breakage costs); (bb) any unrecovered amortised mobilisation costs; and (cc) statutory redundancy payments (excluding for the avoidance of doubt but without limitation, any sums for notice, accrued holiday, unfair dismissal, damages, pension, interest or costs) payable to Contractor's Staff engaged wholly or mainly in the provision of the Services and arising from their dismissal by reason of redundancy; (ii) the costs are incurred under arrangements and/or agreements that are consistent with terms that have been entered into in the ordinary course of business and on reasonable commercial terms; (iii) the costs are unavoidable, proven, reasonable, and not capable of recovery; (iv) the costs would not have been incurred had this Contract continued until the Expiry Date; and (v) the Contractor has used its reasonable endeavours to mitigate the costs incurred including, in the context of paragraph (cc), using reasonable endeavours to effect any dismissal on grounds of redundancy fairly which shall include using reasonable endeavours to find alternative employment for the relevant Contractor's Staff;
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Contractor Breakage Costs means the amounts that have been or will be reasonably and properly incurred by the Project Company or Financial Loss suffered by the Project Company in relation to its Contracts solely as a direct result of the early termination of this Agreement but only to the extent that:
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Contractor Breakage Costs means Losses that have been or will be reasonably and properly incurred by the Contractor as a direct result of the termination of this Contract, but only to the extent that: (a) the Losses are incurred in connection with the Contract and in respect of the provision of the Service, including: (i) any materials or goods ordered or sub-contracts placed that cannot be cancelled without such Direct Losses being incurred; (ii) any expenditure incurred in anticipation of the provision of Services in the future, including any unrecovered amortised mobilisation costs; (iii) the cost of demobilisation including the cost of any relocation of equipment used in connection with the Contract but for the avoidance of doubt excluding vehicles; and (iv) statutory redundancy payments; (b) the Losses are incurred under arrangements and/or agreements that are consistent with terms that have been entered into in the ordinary course of business and on reasonable commercial terms; (c) loss of profits are limited to an amount equivalent to the Contractor’s projected loss of profits for the period from the Termination Date to the earlier of the Expiry Date and the date falling 12 Months after the Termination Date; and (d) the Contractor has used its reasonable endeavours to mitigate the Losses;
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Examples of Contractor Breakage Costs in a sentence

  • The Force Majeure Termination Sum shall be an amount equivalent to fifty per cent (50%) of the applicable Contractor Breakage Costs provided that for the purposes of the Force Majeure Termination Sum, no loss of profits shall be compensated.

  • In circumstances where reinstatement is not possible, the Employer shall assign the Employee to a similar position consistent with her abilities and/or qualifications, which position may not be the specific position or in the specific area occupied prior to the transfer.

  • On termination under clause 34.1 (Voluntary Termination by the Authority), the Authority shall pay the Contractor the applicable Contractor Breakage Costs in accordance with clauses 38 (Gross Up of Termination Payments) and 39 (Method of Payment).

  • The proposal is contrary to proper and orderly planning and will result in unreasonable visual impacts to a contributory building with the Old Echuca Township Precinct (HO1).

  • The Authority Default Termination Sum shall be the total of the Contractor Breakage Costs.

  • The Force Majeure Termination Sum shall be an amount equivalent to the Contractor Breakage Costs provided that for the purposes of a Force Majeure Termination Sum, no loss of profits shall be compensated.

  • On termination of this Contract under clause 33.1 (Termination on Authority Default), the Authority shall pay to the Contractor the Contractor Breakage Costs in accordance with clause 39 (Method of Payment) on the Termination Date.

  • Contractor Breakage Costs (but excluding therefrom any claims for loss of profit).

Related to Contractor Breakage Costs

  • Breakage Costs shall have the meaning set forth in Section 2.2.3(h) hereof.

  • Start-Up Costs means all fees, costs, and expenses incurred in connection with establishing the State Mitigation Trust and the Indian Tribe Mitigation Trust and setting them up for operation. Start-up costs shall not include the cost of premiums for insurance policies.

  • Hedge Breakage Costs means, with respect to each Hedge Counterparty upon the early termination of any Hedge Transaction with such Hedge Counterparty, the net amount, if any, payable by the Borrower to such Hedge Counterparty for the early termination of that Hedge Transaction or any portion thereof.

  • Cleanup costs means expenses (including but not limited to legal and professional fees) incurred in testing for, monitoring, cleaning up, removing, containing, treating, neutralizing, detoxifying or assessing the effects of Pollutants.

  • Contract feeder means a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person’s remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of product.

  • Contract Charges means charges that accrue during a given month as defined in Article III. “Contract Term” is defined in Article IV.

  • Contract Fee means the price, fee, rent, or royalty payable in a contract under this chapter or

  • Cost-reimbursement contract means a contract under which a contractor is

  • Breakage Fee means (i) for any Interest Period for which Interest is computed by reference to LMIR or Adjusted LIBOR, as applicable, and a reduction of Capital is made for any reason on any day other than a Settlement Date or (ii) to the extent that the Borrower shall for any reason, fail to borrow on the date specified by the Borrower in connection with any request for funding pursuant to Article II of this Agreement, the amount, if any, by which (A) the additional Interest (calculated without taking into account any Breakage Fee or any shortened duration of such Interest Period pursuant to the definition thereof) which would have accrued during such Interest Period on the reductions of Capital relating to such Interest Period had such reductions not been made (or, in the case of clause (ii) above, the amounts so failed to be borrowed or accepted in connection with any such request for funding by the Borrower), exceeds (B) the income, if any, received by the applicable Lender from the investment of the proceeds of such reductions of Capital (or such amounts failed to be borrowed by the Borrower). A certificate as to the amount of any Breakage Fee (including the computation of such amount) shall be submitted by the affected Lender to the Borrower and shall be conclusive and binding for all purposes, absent manifest error.

  • Total Service Charges means all charges, after application of all discounts and credits, incurred by Customer for Services provided under this Agreement, excluding Taxes, Governmental Charges, equipment, Company ILEC, Company Wireless, Document Delivery Fax, non-recurring, goods and services acquired by Company as Customer’s agent, international access that is passed-through (Type 3/PTT) or provided by Company (Type 1), charges for security services provided by a Cybertrust Security Service Provider listed in the Guide, and other charges expressly excluded by this Agreement.

  • Base Monthly Rent means the fixed monthly rent payable by Tenant pursuant to Section 3.1 which is specified in Section K of the Summary.

  • Bond Service Charges means principal, including mandatory sinking fund requirements for retirement of obligations, and interest, and redemption premium, if any, required to be paid by the authority on obligations.

  • Service Charges means the fees levied by the municipality in terms of its tariff policy for any municipal services rendered in respect of an immovable property and includes any penalties, interest or surcharges levied or imposed in terms of this policy.

  • Maintenance Costs means parts and materials, sublet and labour costs of a qualified licensed mechanic for the maintenance of the Revenue Service Vehicles, but shall not include costs associated with interior and exterior transit advertising signs and non-mechanical servicing of Revenue Service Vehicles such as fuelling, clearing fareboxes, cleaning and painting wheel rims, vehicle washing and other work performed by a serviceman; and,

  • Additional Rent means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease;

  • Monthly Base Rent The monthly rent specified in Section 1.01(8).

  • Sublease Payment means any payment required to be made by the District pursuant to Section 7 of the Sublease.

  • Monthly Charges means a finance carrying charge of one and one-half of one percent (1.5%) and a storage and handling charge of one-half of one percent (0.5%), in each case of the Cost of the Inventory and/or Special Inventory and/or of the fees for the Product affected by the reschedule or cancellation (as applicable) per month until such Inventory and/or Special Inventory and/or Product is returned to the vendor, used to manufacture Product or is otherwise purchased by Customer.

  • Training Costs means reasonable costs incurred to upgrade the technological skills of Full-Time Employees in Illinois and includes: curriculum development; training materials (including scrap product cost); trainee domestic travel expenses; instructor costs (including wages, fringe benefits, tuition and domestic travel expenses); rent, purchase or lease of training equipment; and other usual and customary training cots. “Training costs” do not include, except where the Company receives prior written approval of the Department, costs associated with travel outside the United States, wages and fringe benefits of employees during periods of training, administrative costs related to Full-Time Employees of the Taxpayer, or amounts paid to an affiliate of the Company.

  • Routine Patient Costs means all health care services that are otherwise covered under the Group Contract for the treatment of cancer or other Life-threatening Condition that is typically covered for a patient who is not enrolled in an Approved Clinical Trial.

  • Installation Charges means those Charges set out in the Order in relation to installation of the Service and/or any Purchased Equipment, Customer Equipment and/or BT Equipment as applicable.

  • Additional Rents means amounts payable under any Lease for (i) the payment of additional rent based upon a percentage of the Tenant’s business during a specified annual or other period (sometimes referred to as “percentage rent”), (ii) so-called common area maintenance or “CAM” charges, and (iii) so called “escalation rent” or additional rent based upon such tenant’s allocable share of insurance, real estate taxes or operating expenses or labor costs or cost of living or xxxxxx’x wages or otherwise.

  • Monthly Rent means the monthly installment of Minimum Annual Rent plus the monthly installment of estimated Annual Operating Expenses payable by Tenant under this Lease.

  • Unpaid Charges means any charges billed to the Non-Paying Party that the Non-Paying Party did not render full payment to the Billing Party by the Bill Due Date, including where funds were not accessible.

  • Lower tier subcontractor means any party entering into an agreement with the SUBCONTRACTOR or any Lower Tier SUBCONTRACTOR for the furnishing of supplies or services required for performance of this Subcontract.

  • principal contractor means an employer appointed by the client to perform construction work;