Examples of Damage Cap in a sentence
If at any time following COD, Company incurs damages in excess of the Damage Cap that Seller does not pay when billed by Company, Company shall have the right to terminate this PPA upon notice to Seller, without further obligation by either Party except as to costs and balances incurred prior to the effective date of such termination.
In connection with any such termination, Company may collect from Seller (subject to the Damage Cap) all Actual Damages arising from such Event of Default through the Scheduled Termination Date.
Damages under this Section will be subject to the limitation of liability in this Agreement but not the Damage Cap.
Damages under this Section will be subject to the limitation of liability in these Terms and Conditions but not the Damage Cap.
Seller shall replenish the Security Fund to the applicable levels set forth in Section 11.1(B) within fifteen (15) Business Days after Company makes a draw on the Security Fund; provided, following COD such replenishment shall not exceed the amount remaining under the Damage Cap (as provided in Section 12.4(A)).
Once VITA has effected a purchase from an alternate source, the parties agree that Authorized Users may charge-back Supplier, in which case Supplier agrees to reimburse Authorized Users, subject to the Damage Cap defined below, for any difference in cost between the original Contract price and cost to Authorized Users to cover from the alternate source, as measured over a 12 month period.
Within 15 Days following each draw by Company on the Security Fund in respect of damages described in Section 12.4(B), Seller shall replenish the Security Fund by an amount equal to such draw Within 15 Days following any other draw by Company on the Security Fund, Seller shall replenish the Security Fund by the amount of such draw, provided that the aggregate amount of replenishments under this Section 11.2(B) shall not exceed the Damage Cap.
Seller shall replenish the Security Fund to the applicable levels set forth in Section 11.1(B) within 15 Business Days after Company makes a draw on the Security Fund; provided, following COD such replenishment shall not exceed the amount remaining under the Damage Cap (as provided in Section 12.4(A)).
Within 15 Days following any other draw by Company on the Security Fund, Seller shall replenish the Security Fund by the amount of such draw, provided that the aggregate amount of replenishments under this Section 11.2(B) shall not exceed the Damage Cap.
Supplier shall be responsible for and shall reimburse Purchaser within 30 days following issuance of Purchaser’s invoice for all other direct, consequential, and incidental damages incurred by Purchaser as a result of Supplier’s failure to meet the delivery dates or timesup to the Damage Cap, other than by reason of an excusable delay, including the cost of any line shutdown and the cost of obtaining goods from an alternate source.