Preexisting Damages definition

Preexisting Damages means the damages of Xxxxx and Materials, environmental liabilities and Environmental Damages present in the Contract Area documented by the Contractor during the Transition Stage for Startup or recognized in the Environmental Baseline in accordance with Articles 3.3 and 14.
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Preexisting Damages means the environmental liabilities within the Contract Area in the environmental base line identified in accordance to Articles 3.4 and 14.
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Examples of Preexisting Damages in a sentence

  • During such period of ninety (90) Days following the reception of the report, hearings and attendances may take place between the CNH and the Contractor to resolve in good faith any technical difference that may exist regarding the Preexisting Damages as provided by the Industry Best Practices, the normative previsions established by the Agency and the Applicable Law.

  • During such period of sixty (60) Days hearings and attendances may take place to resolve in good faith any technical difference that may exist regarding the Preexisting Damages as provided by the Industry Best Practices and Applicable Law.

  • Once the CNH and the Agency approve the Preexisting Damages, a record that identifies such approved Preexisting Damages will be presented to the Contractor, as well as the necessary activities of Abandonment in accordance with Article 3.4. In case the Parties do not reach an agreement with respect to the Preexisting Damages, the differences shall be resolved in terms of the processes established in Article 26.2.

  • In the event that the Parties do not reach an agreement regarding the Pre-existing Damages, the disputes will be resolved according to the procedures established on Section X Dispute Resolution Procedures of the Contract.

  • MEM and the Ministry of Environment and Natural Resources may present their objections to the reported Pre-existing Damages within the ninety (90) calendar days following the receipt of the study.

  • The Contractor may only be excused from its environmental liability regarding Preexisting Damages notified on a timely basis pursuant to the terms of this Article 13.4 and of the Applicable Law.

  • The Contractor may only be excused from its environmental liability regarding Preexisting Damages notified on a timely basis pursuant to the terms of this Article 14.3 and the Applicable Laws.

  • Once CNH and the Agency approve the Preexisting Damages, a record that identifies such approved Preexisting Damages as well as the necessary activities of Abandonment will be presented to the Contractor in accordance with Article 3.4. In case that the Parties do not reach an agreement with respect to the Preexisting Damages, the differences shall be resolved in terms of the processes established in Article 25.2.

  • During this period, the Contractor must perform certain social and environmental assessments to establish the baselines for the Contract Area and to identify any Preexisting Damages.

Related to Preexisting Damages

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Direct Damage has the meaning given to it in clause 26.2;

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Special Damages has the meaning specified in Section 11.21.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Consequential Loss means indirect or consequential loss or damage such as, but not limited to, loss of contract, bargain, expectation, opportunity, profit, production, revenue, anticipated cost reduction or interest payable howsoever caused, arising out of or in connection with this Contract.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Noneconomic damages ’ means damages for phys-

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Material Damage and “Materially damaged” means damage (w) resulting in the Property not complying with all legal requirements applicable to the Property, (x) reasonably exceeding $300,000 or (y) that entitles any tenant of the Property to terminate its Lease, or (z) which, in Buyer’s or Seller’s reasonable estimation, will take longer than 120 days to repair.

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Serious damage ’ means any specific defect defined in this section; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects which se- riously detracts from the appearance, or the edible or marketing quality of the fruit. The following specific defects shall be considered as serious damage:

  • Physical Damage means tangible damage to a Property that materially adversely affects the use, marketability, or value of the Property, whether caused by accident or otherwise, including, but not limited to damage caused by reason of fire, destruction of tangible property, defects in construction, land subsidence, earth movement or slippage, flood, earthquake, war, civil insurrection, or riot; and further, Physical Damage includes Environmental Impairment and the destruction or removal of chattel items that are considered part of the Property (see Section I., KK., [Property]) For purposes of this definition "material" shall mean an amount equal to or greater than $1,500.00 such that the estimated cost to repair a Property is $1,500.00 or more before the exclusion set forth in Section III., G., (Physical Damage Exclusion) would apply to exclude coverage for a Loan. The presence of radon gas, lead paint or asbestos in the dwelling on the Property shall not be deemed to be Physical Damage.

  • Property damage means physical injury to, destruction of, or loss of use of tangible property.

  • Maximum Liability has the meaning assigned to such term in Section 10.10.

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, members, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors.