Cost to Cover definition

Cost to Cover means the cost, properly mitigated, of procuring Deliverables or services of equivalent capability, function, and performance. The payment obligation in subsection (e)(ii) above will not exceed the limits on Contractor’s liability set forth in the Section entitled “Limitation of Liability.”

Cost to Cover means the cost, properly mitigated, of procuring goods and software of equivalent capability, function, and performance. The payment obligation will not exceed the limits on the Contractor’s liability set forth in the General Provisions – Telecommunications, Section 31, Limitation of Liability. EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION, THE CONTRACTOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Cost to Cover means the cost, properly mitigated, of procuring Deliverables or Services of equivalent capability, function, and performance.

Examples of Cost to Cover in a sentence

• Should the State in its sole discretion consent, refund of all amounts paid by the State for the nonconforming Service Deliverable or service and payment to the State of any additional amounts necessary to equal the State’s Cost to Cover.

• If an Output Shortfall occurs in any given Contract Year, Seller shall pay PacifiCorp liquidated damages equal to the product of (a) the Output Shortfall for that Contract Year, multiplied by (b) PacifiCorp's Cost to Cover for that Contract Year.

• For each month during the Rolling Period where there is a Monthly Output Shortfall, Seller will pay PacifiCorp liquidated damages equal to the product of (a) the Monthly Output Shortfall, multiplied by (b) the Output Shortfall for that Rolling Period divided by the total of all Monthly Output Shortfalls for that Rolling Period, multiplied by (c) PacifiCorp’s Cost to Cover for such month.

• In those instances where Contractor has failed to perform as called for by the contract, the Limitation of Liability provided above shall not limit any right to recover the ‘Cost to Cover.’ 'Cost to Cover' means the cost of procuring a machine or machines of equivalent (not greater) capability, function, and performance, less the Contractor's bid price.

• Should the State in its sole discretion consent, refund of all amounts paid by the State for the nonconforming service deliverable or service and payment to the State of any additional amounts necessary to equal the State’s Cost to Cover.

• Contractor warrants that (i) Deliverables and services furnished hereunder will substantially conform to the requirements of this Contract (including without limitation all descriptions, specifications, and drawings identified in the (ii) should tthe Sttate in its sole discretion consent, refund of all amounts paid by the State for the nonconforming Deliverable or service and payment to the State of any additional amounts necessary to equal the State’s Cost to Cover.

• Notwithstanding anything in this Agreement to the contrary, SELLER shall pay, and indemnify and hold BUYER harmless from and against, the Cost to Cover incurred by BUYER in connection with the procurement of Product from other sources.

• Should the State in its sole discretion consent, refund of all amounts paid by the State for the nonconforming service deliverable or Service and payment to the State of any additional amounts necessary to equal the State’s Cost to Cover.

• If the Output Shortfall is a positive number, then Seller shall pay PacifiCorp liquidated damages (“ Performance Damages”) in respect of such Contract Year equal to the product of (i) the Output Shortfall for such Contract Year, multiplied by (ii) PacifiCorp's Cost to Cover for such Contract Year.

• EXAMPLE CALCULATION OF PACIFICORP’S COST TO COVER Note—Determining Liquidated Damages for Output Shortfall would necessitate a full year of Cost to Cover calculations analogous to the above table.

More Definitions of Cost to Cover

Cost to Cover means the cost, properly mitigated, of procuring Services and Deliverables of equivalent capability, function, and performance. Consultant shall also extend the warranty period for the equivalent period of time that the Deliverables are not in conformance with the County’s requirements.

Cost to Cover means the cost, properly mitigated, of procuring Deliverables or services of equivalent capability, function, and performance.

Cost to Cover means the cost, properly mitigated, of procuring Deliverables or services of equivalent capability, function, and performance. The payment obligation in subsection (e)(ii) above will not exceed the

Cost to Cover means the cost, properly mitigated, of procuring Deliverables or services of equivalent capability, function, and performance. The payment obligation in subsection (e)(ii) above will not exceed the limits on the Contractor’s liability set forth in the Section entitled “Limitation of Liability.” EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED IN THIS SECTION, THE CONTRACTOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Cost to Cover means the cost, properly mitigated, of procuring Deliverables or Services of equivalent capability, function, and performance. Formatted: Indent: Left: 0.55", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" G.g. No less than 60 calendar days before the expiration of the then current warranty period, including the warranty period described in subdivision “a” above, the County may extend the warranty period by notifying the Vendor in writing of the extension. The warranty period may be extended for a maximum 9 months. If the County exercises its option to extend the warranty period as described herein, the Vendor shall charge the County the extended warranty amount set forth in Attachment B.

Cost to Cover means, with respect to any Energy from the Project that Seller was obligated to deliver, but did not deliver, under this Agreement, an amount equal to all costs and losses incurred by Purchaser (or that would be incurred by Purchaser) to replace undelivered Energy (including costs of energy and associated capacity), as a result of such non-delivery, reduced by the amount of payments that Purchaser would have made to Seller if such Energy had been delivered; provided, that the Cost to Cover with respect to any period shall not be less than zero dollars.