Default Damages means, for the period of time specified in Section 12.2(b)(ii) (Remedies) any direct damages and Costs, calculated in a commercially reasonable manner, that the Non-Defaulting Party incurs with respect to the Specified Percentage as a result of an Event of Default. Direct damages may include, but are not limited to: (i) the positive difference (if any) between the price of Full Requirements Service hereunder and the price at which the Buyer or Seller is able to purchase or sell (as applicable) Full Requirements Service (or any components of Full Requirements Service it is able to purchase or sell) from or to third parties, including PJM; (ii) Emergency Energy charges; and (iii) additional transmission or congestion costs incurred to purchase or sell Full Requirements Service.
Default Damages means direct damages, calculated in a commercially reasonable manner, that the Non-Defaulting Party incurs as a result of an Event of Default by the Defaulting Party. Default Damages may include: (i) the positive difference (if any) between the price of SSO Supply hereunder and the price at which Duke Energy Ohio or the SSO Supplier is able to purchase or sell (as applicable) SSO Supply (or any components of SSO Supply it is able to purchase or sell) from or to third parties including other SSO Suppliers and PJM; (ii) Emergency Energy charges; (iii) additional transmission or congestion charges incurred to purchase or sell SSO Supply; and (iv) Costs.
Default Damages means direct damages, calculated in a commercially reasonable manner, that the Non-Defaulting Party incurs as a result of an Event of Default by the Defaulting Party. Default Damages may include: (i) the positive difference (if any) between the price of XXXX Supply hereunder and the price at which AEP Ohio or the XXXX Supplier is able to purchase or sell (as applicable) XXXX Supply (or any components of XXXX Supply it is able to purchase or sell) from or to third parties including PJM; (ii) Emergency Energy charges; (iii) additional transmission or congestion charges incurred to purchase or sell XXXX Supply; and (iv) Costs.
Examples of Default Damages in a sentence
If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, in whole or in part, the Defaulting Party must, within three (3) Business Days of receipt of the Non-Defaulting Party’s calculation of the Default Damages or Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute.
Neither Party will be liable for Default Damages if this Agreement is terminated by a Governmental Authority.
If the Termination Payment has been retained by Duke Energy Ohio as security for additional amounts that may be determined to be due and owing by the SSO Supplier, and if, upon making a final determination of Default Damages and payment therefor, the Termination Payment, or any portion thereof, is to be made to the SSO Supplier, Duke Energy Ohio will pay interest at the Interest Rate on the Termination Payment amount being made to the SSO Supplier for the period of such retention.
Any dispute under this Section 7.3(e) shall be subject to the dispute resolution procedures in Article 11; provided, however, that if the Default Damages or Termination Payment is due from the Defaulting Party, the Defaulting Party must first provide Performance Assurance to the Non-Defaulting Party in an amount equal to the Default Damages or Termination Payment, as the case may be.
Subject to Section 7.3(e), the Defaulting Party shall pay Default Damages on or before three (3) Business Days after receipt of an invoice therefor.
More Definitions of Default Damages
Default Damages means, for the period of time specified in Section 12.2(b)(ii) (Remedies), any direct damages and Costs, calculated in a commercially reasonable manner, that the Non-Defaulting Party incurs with respect to Block Energy Supply as a result of an Event of Default. Direct damages may include, but are not limited to: (i) the positive difference (if any) between the price of Block Energy Supply hereunder and the price at which the Buyer or Seller is able to purchase or sell (as applicable) Block Energy Supply (or any components of Block Energy Supply it is able to purchase or sell) from or to third parties, including PJM; (ii) Emergency Energy charges; and (iii) additional transmission or congestion costs incurred to purchase or sell Block Energy Supply.
Default Damages means, for the period of time specified in Article 12 (Remedies) any direct damages and Costs, calculated in a commercially reasonable manner, that the Non- Defaulting Party incurs with respect to the Specified Percentage as a result of an Event of Default. Direct damages may include, but are not limited to: (i) the positive difference (if any) between the price of Full Requirements Service hereunder and the price at which the Buyer or Seller is able to purchase or sell (as applicable) Full Requirements Service (or any components of Full Requirements Service it is able to purchase or sell) from or to third parties, including PJM; (ii) Emergency Energy charges; and (iii) additional transmission or congestion costs incurred to purchase or sell Full Requirements Service.
Default Damages means, for the period of time specified in Section 10.2(b)(ii) (Remedies) any direct damages and Costs, calculated in a commercially reasonable manner, that the Non-Defaulting Party incurs with respect to the Specified Amount as a result of an Event of Default. Direct damages may include, but are not limited to: (i) the positive difference (if any) between the price of the Product hereunder and the price at which the Buyer or Seller is able to purchase or sell (as applicable) the Product from or to third parties, or an amount equal to the alternative compliance payment required by the AEPS Act for each AEC not delivered.
Default Damages all actual damages incurred by reason of an Event of Default (as defined in Section 10.2 below), excluding Rent and Reletting Costs, but including, without limitation:
Default Damages all damages incurred by Landlord solely by reason of Tenant's default, including without limitation:
(1) Landlord’s costs of recovering the Leased Premises and removing Xxxxxx's property;
(2) interest on unpaid amounts payable as additional Rent as provided in Section 10.9; and
(3) Landlord's reasonable Indiana attorneys' fees and court costs.
Default Damages means the agreed compensation to the Company by you in the event of termination of the Agreement and/or Arrangement due to your default for an amount equivalent to the total profits received by you within two (2) years period before the date of default occurs or a sum of RM200,000.00 (whichever is higher)
Default Damages means, for the period of time specified in Section 12.2(b)(ii) (Remedies) any direct damages and Costs, calculated in a commercially reasonable manner, that the Non- Defaulting Party incurs with respect to the Specified PercentageAmount as a result of an Event of Default. Direct damages may include, but are not limited to: (i) the positive difference (if any) between the price of Full RequirementsBlock Service hereunder and the price at which the Buyer or Seller is able to purchase or sell (as applicable) Full RequirementsBlock Service (or any components of Full RequirementsBlock Service it is able to purchase or sell) from or to third parties, including PJM; (ii) Emergency Energy charges; and (iii) additional transmission or congestion costs incurred to purchase or sell Full RequirementsBlock Service.