Performance Damages definition

Performance Damages is defined in Exhibit F. “Performance Guarantee” is defined in Exhibit F.

Performance Damages has the meaning set forth in Section B(2)(c) of this Exhibit F.

Performance Damages means all performance liquidated damages (including the proceeds of any drawings under a performance bond in respect of any performance liquidated damages) payable under any Material Project Agreement.

Examples of Performance Damages in a sentence

• If Seller fails to satisfy the Performance Guarantee in accordance with the requirements set forth in Exhibit F, then Seller shall be liable to PacifiCorp for the Performance Damages calculated and paid in accordance with Exhibit F.

• If there is an Output Shortfall, then thirty (30) days after PacifiCorp receives the report and all reasonable supporting documentation regarding all data and calculations provided for above, then PacifiCorp shall deliver to Seller an invoice showing PacifiCorp’s computation of the Performance Damages calculated pursuant to Section B(2)(c) of this Exhibit F.

• Any Performance Damages not paid by Seller when due under this Section B(3) will bear interest at the Contract Interest Rate from the date due until but not including the date paid.

• Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s failure to satisfy the Performance Guarantee is difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Performance Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty.

• Keywords: Disloyal Behavior, Trust, Good Faith, Contract Law, Contradicting One’s Own Act, Due Performance, Damages, Loy- alty.

• The provisions of Section 10.5 shall apply with respect to any dispute Seller may have with respect to PacifiCorp’s invoice of Performance Damages.

• Performance Damages The performance damages owed will be the amount necessary for the Hotel to receive no less than 80% of the Total Anticipated Revenue listed in the summary table above, plus applicable national and local taxes.

• Service Criteria Acceptable Performance Damages Maintain current licensure for services being provided.

• If there is an Output Shortfall, then thirty (30) days after PacifiCorp receives the report and all reasonable supporting documentation regarding all data and calculations provided for above, then PacifiCorp shall deliver to Seller an invoice showing PacifiCorp’s computation of the Performance Damages calculated pursuant to Section B(2)(b) of this Exhibit F.

• Each Party acknowledges and agrees that: (a) the damages PacifiCorp would incur due to Seller’s failure to satisfy the Performance Guarantee are difficult or impossible to predict with certainty; (b) it is impractical and difficult to assess actual damages in these circumstances; and, therefore, (c) Performance Damages as agreed to by the Parties are a fair and reasonable calculation of damages and not a penalty.

More Definitions of Performance Damages

Performance Damages means, collectively, the Capacity Shortfall LDs, Capacity Buydown LDs and Warranty LDs, each as defined in the Construction Annex.

Performance Damages. If the Event is held, but the Hotel does not realize the Total Anticipated Revenue from your Event, you agree to pay the Hotel an amount equal to 100% of the charges (including labor, gratuities, and service charges, rentals and applicable taxes) for the final guarantee or contracted number of guests, whichever is higher.

Performance Damages means, if any, the performance damages set out in the Particular Conditions which in turn refer to the attached Feasibility Study and Financial Model;