Subcontractor Losses definition
Subcontractor Losses means any amount reasonably and properly payable by the Generator to a Subcontractor under the terms of the relevant subcontract as a direct result of an Optional Termination (including any reasonable commercial breakage fee), provided that such amount shall be reduced to the extent that the Generator or any Subcontractor fails to take commercially reasonable steps to mitigate such amount; and provided further that no account shall be taken of any liabilities and obligations of the Generator to any Subcontractor arising out of:
Subcontractor Losses means, subject to Project Co’s obligations under this Project Agreement to limit any compensation to Subcontractors:
Subcontractor Losses has the meaning given in Section 1.1 [Definitions] of Schedule 27
More Definitions of Subcontractor Losses
Subcontractor Losses has the meaning given in Schedule 20 - Compensation on Termination.
Subcontractor Losses means all amounts payable by the Concessionaire to any subcontractor, including, without limitation, payments to subcontractors on termination of their particular subcontract with the Concessionaire as a direct result of the termination of this Agreement, provided that in the case of any subcontractor which is related to the Concessionaire, such amounts payable by the Concessionaire to such subcontractor represent actual out-of-pocket costs or expenses incurred by such subcontractor which are not paid to a person related to the subcontractor, and which do not include penalties or breakage costs payable by the subcontractor to the Concessionaire or to any person related to the subcontractor.
Subcontractor Losses means, subject to Design-Builder’s obligations under the Agreement to limit any compensation to Subcontractors, the amount reasonably and properly payable by Design-Builder to each Subcontractor under the terms of the Subcontract as a direct result of the termination of the Agreement (including any reasonable commercial breakage fee), provided that such amount shall be reduced to the extent that Design-Builder or the Subcontractor fails to take commercially reasonable steps to mitigate such amount; provided, however, that, no account should be taken of any liabilities and obligations of Design-Builder to the relevant Subcontractor arising out of:
Subcontractor Losses means the amount reasonably and properly payable by the Supplier to a Subcontractor under the terms of the relevant subcontract as a direct result of a Optional Termination (including any reasonable commercial breakage fee), provided that such amount shall be reduced to the extent that the Supplier or any Subcontractor fails to take commercially reasonable steps to mitigate such amount; provided that no account shall be taken of any liabilities and obligations of the Supplier to any Subcontractor arising out of:
Subcontractor Losses means Subcontractor Losses (as defined in Schedule 20 – Compensation on Termination to the Project Agreement, mutatis mutandis) arising as a direct result of terminating this Agreement.
Subcontractor Losses means, subject to DB Co’s obligations under the Project Agreement to limit any compensation to Subcontractors, the amount reasonably and properly payable by DB Co to the Construction Contractor under the terms of the Design and Construction Contract as a direct result of the termination of the Project Agreement (including any reasonable commercial breakage fee), provided that such amount shall be reduced to the extent that DB Co or the Subcontractors fail to take commercially reasonable steps to mitigate such amount; provided that, no account should be taken of any liabilities and obligations of DB Co to the Subcontractors arising out of:
Subcontractor Losses means, subject to Project Co’s obligations under the Agreement to limit any compensation to Subcontractors, the amount reasonably and properly payable by Project Co to each Project Contractor under the terms of the Project Contract as a direct result of the termination of the Agreement (including any reasonable commercial breakage fee, the reasonableness of which fee shall not be determined by or by reference to any arrangement made between Project Co and a Project Contractor), provided that such amount shall be reduced to the extent that Project Co or the Project Contractor fails to take commercially reasonable steps to mitigate such amount; provided, however, that, no account should be taken of any liabilities and obligations of Project Co to the relevant Project Contractor arising out of:
(i) any loss of overhead or profit of such Project Contractor relating to any period or costs after the Termination Date (save to the extent the same are properly included in any reasonable commercial breakage fee set out in any of the Project Contracts);
(ii) agreements or arrangements entered into by Project Co or the Project Contractor to the extent that such agreements or arrangements were not entered into in connection with those parties’ obligations in relation to the Project; or
(iii) agreements or arrangements entered into by Project Co or the Project Contractor other than in the ordinary course of business and on commercial arm’s length terms, save to the extent that amounts would have arisen if such agreements or arrangements had been entered into in the ordinary course of business and on commercial arm’s length terms.