Damage Funding definition

Damage Funding has the meaning given to it in clause 73.7.1 (Programmed Maintenance Costs);
Damage Funding has the meaning given to it in clause 63.14; Decant Protocol the protocol set out in Schedule 23 to this Agreement identifying the obligations and the responsibilities of the parties in relation to the removal of items from the Existing Schools and their relocation to and installation in the Schools; Deemed New Contract an agreement on the same terms and conditions as this Agreement as at the Termination Date, but with the following amendments: (a) if this Agreement is terminated during the Works Period, then the relevant Planned Services Availability Dates shall be extended by such period as would have been granted to allow a New Contractor to achieve completion of the Works at the Schools in question; (b) any accrued Unavailability Deductions, Service Failure Deductions or warning notices for the purposes of clause 41 (Termination of this Agreement) and warning notices related to Persistent Breaches (pursuant to clause 42 and the definition of the same) only shall be cancelled; and (c) the term of such agreement shall be for a period equal to the term from the Termination Date to the Expiry Date; Default Interest any increased margin that is payable to the Senior Lenders or which accrues as a result of any payment due to the Senior Lenders not being made on the date on which it is due; Design Data all drawings, reports, documents, plans, software, formulae, calculations and other data relating to the design, construction, testing or operation of the Schools; Direct Agreement the direct agreement dated on or about the date of this Agreement and made between the Authority, the Contractor and the agent for the Senior Lenders under the Senior Financing Agreements; Direct Losses all damage, losses, liabilities, claims, actions, costs, expenses (including the cost of legal or professional services, legal costs being on an agent/client, client paying basis), proceedings, demands and charges whether arising under statute, contract or at common law but, to avoid doubt, excluding Indirect Losses; Disclosed Adverse Rights all Adverse Rights that are fully and accurately disclosed in the Title Deeds and any other Adverse Rights (but in respect of any such other Adverse Rights they are only Disclosed Adverse Rights to the extent that they are accurately disclosed in the Title Deeds); Disclosed Data information relating to the Project disclosed to the Contractor and its Shareholders and advisers including: (a) the ITN; (b) the Market Brief issued by the Authority on 1...

Examples of Damage Funding in a sentence

  • At the end of each Academic Year the Contractor shall supply to the Authority an account of any damage and associated Repair Costs and Damage Funding, as well as money spent or saved or to be spent or saved in accordance with the Schedule of Programmed Maintenance.

  • In relation to any Repair Cost which has been funded or partly funded by the Authority or under any Required Insurance (Damage Funding) the Contractor shall take such funding and the timing of such repair or replacement into account in preparing and agreeing with the Authority the Schedule of Programmed Maintenance and any savings shall be offset against any future Estimated Increased Maintenance Costs pursuant to clause 23.4.7 (Schedule of Programmed Maintenance).

  • In relation to any Repair Cost which has been funded or partly funded by the Authority or under any Required Insurance (Damage Funding) the Contractor shall take such Damage Funding and the timing of such repair or replacement into account in preparing and agreeing with the Authority the Cyclical Maintenance and Replacement Programme and the Planned Maintenance Programme (as the case may be) and any savings shall be shared equally between the Contractor and the Authority.

  • At the end of each Contract Year and for each Project Facility, PPP Co. will supply to the Authority an account of any damage and associated Repair Costs and Damage Funding, as well as money spent or saved or to be spent or saved in accordance with the Planned Maintenance Programme.

  • At the end of each Year the Contractor shall supply to the Authority an account of any damage and associated Repair Costs and Damage Funding, as well as money spent or saved or to be spent or saved in accordance with the Cyclical Maintenance and Replacement Programme and the Planned Maintenance Programme (as the case may be).

  • If such account shows that in respect of the preceding five (5) Year period there is a saving in the money spent by the Contractor in complying with its obligations under this Agreement because of the Damage Funding then the Contractor will within thirty (30) Business Days after submission of the account pay to the Authority half of such saving.

Related to Damage Funding

  • Damage Payment means the dollar amount equal to the amount to be posted as Project Development Security pursuant to Section 8.4(a)(i) hereof.

  • Project Funding means the funding for the Services;

  • Purchaser Indemnitees has the meaning set forth in Section 7.02.

  • Indemnity Escrow Account has the meaning set forth in Section 2.3(c).

  • Subsequent Recovery Any amount recovered by a Servicer or the Master Servicer with respect to a Liquidated Mortgage Loan with respect to which a Realized Loss was incurred after the liquidation or disposition of such Mortgage Loan.

  • Damage means actual and/or physical damage to tangible property;

  • Seller Losses shall have the meaning set forth in Section 9.1(b).

  • Subsequent Recoveries As to any Distribution Date, with respect to a Liquidated Mortgage Loan that resulted in a Realized Loss in a prior calendar month, unexpected amounts received by the Master Servicer (net of any related expenses permitted to be reimbursed pursuant to Section 3.08) specifically related to such Liquidated Mortgage Loan.

  • Seller Indemnitees has the meaning set forth in Section 8.03.

  • Buyer Losses shall have the meaning set forth in Section 8.2.

  • Casualty Loss has the meaning set forth in Section 5.06.

  • Loss or Losses means all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.

  • Purchaser Losses shall have the meaning set forth in Section 9.1(a).

  • Required Repair Fund shall have the meaning set forth in Section 7.1.1 hereof.

  • Initial Funding means the funding of the initial Loans or issuance of the initial Letters of Credit pursuant to Section 6.01 hereof.

  • Buyer Indemnitees has the meaning set forth in Section 8.02.

  • Indemnity Escrow Amount means $5,000,000.

  • Purchaser Indemnitee As defined in Section 6(a) hereof.

  • Parent Indemnitees has the meaning set forth in Section 8.02.

  • Indemnity Escrow Fund means the Indemnity Escrow Amount deposited with the Escrow Agent, as such sum may be increased or decreased as provided in this Agreement and the Escrow Agreement, including any remaining interest or other amounts earned thereon.

  • Accidental Damage means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g., dropping the Covered Equipment or through liquid contact) or due to an external event (e.g., extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.

  • Seller Indemnitee has the meaning set forth in Section 9.2(b).

  • Indemnification Escrow Amount has the meaning set forth in Section 2.2(b).

  • Purchaser Indemnified Parties has the meaning set forth in Section 8.2.

  • Allocated Realized Loss Amount With respect to any Distribution Date and any Class of Mezzanine Certificates, the sum of (i) any Realized Losses allocated to such Class of Certificates on such Distribution Date and (ii) the amount of any Allocated Realized Loss Amount for such Class of Certificates remaining unpaid from the previous Distribution Date.

  • Severe property damage means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.