Unavoidable Fixed Costs definition

Unavoidable Fixed Costs means the fixed costs incurred by the Company which first fall due for payment by the Company during the period of indemnity but excluding:
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Unavoidable Fixed Costs means the fixed costs incurred by Project Co which first fall due for payment by Project Co during the period of indemnity but excluding: costs which could have reasonably been mitigated or avoided by Project Co; payments to Project Co’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in Project Co, providers of Subordinated Debt and any other financing costs other than Senior Debt Service Costs indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments Project Co can recover under contract or in respect of which Project Co has a remedy against another person in respect of the same liability; payments to the extent that Project Co has available to it including reserves which Project Co can draw upon without breaching the Senior Financing Agreement; standby or contingent facilities or funds of Senior Debt or equity which Project Co is entitled to have available; payments representing any profits of the Project (to the extent not already excluded in (e) above)
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Unavoidable Fixed Costs means the fixed costs incurred by PPP Co. which first fall due for payment by PPP Co. during the period of indemnity but excluding:- costs which could have reasonably been mitigated or avoided by PPP Co.; payments to PPP Co.’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in PPP Co., Junior Lenders and any other financing costs other than Senior Debt Service Costs; indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments PPP Co. can recover under contract or in respect of which PPP Co. has a remedy against another person in respect of the same liability; payments to the extent that PPP Co. has available to it reserves which PPP Co. can draw upon without breaching the Senior Funding Agreement; standby or contingent facilities or funds of Senior Debt or equity which PPP Co. is entitled to have available;
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More Definitions of Unavoidable Fixed Costs

Unavoidable Fixed Costs means the fixed costs incurred by Sub-hubco which first fall due for payment by Sub-hubco during the period of indemnity but excluding: costs which could have reasonably been mitigated or avoided by Sub-hubco; payments to Sub-hubco’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in Sub-hubco, providers of Subordinated Debt and any other financing costs other than Senior Debt Service Costs indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments Sub-hubco can recover under contract or in respect of which Sub-hubco has a remedy against another person in respect of the same liability; payments to the extent that Sub-hubco has available to it including: reserves which Sub-hubco can draw upon without breaching the Senior Funding Agreements; standby or contingent facilities or funds of Senior Debt or equity which Sub-hubco is entitled to have available; payments representing any profits of the Project (to the extent not already excluded in (e) above);
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Unavoidable Fixed Costs means the liabilities of the Contractor under the Senior Funding Agreements.
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Unavoidable Fixed Costs the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding:- (a) costs which could have reasonably been mitigated or avoided by the Contractor; (b) payments to the Contractor’s Associated Companies; (c) payments which are not entirely at arm’s length; (d) payments to holders of equity in the Contractor, Subordinated Lenders and any other financing costs other than Senior Debt Service Costs; (e) indirect losses suffered or allegedly suffered by any person; (f) fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; (g) payments the Contractor can recover under contract or in respect of which the Contractor has a remedy against another person in respect of the same liability; (h) payments to the extent that the Contractor has available to it:- (i) reserves which the Contractor can draw upon without breaching the Senior Financing Agreement; (ii) standby or contingent facilities or funds of Senior Debt or equity which the Contractor is entitled to have available; (i) payments representing any profits of the Project (to the extent not already excluded in (e) above);
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Unavoidable Fixed Costs should mean the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding: (a) costs which could have reasonably been mitigated or avoided by the Contractor; (b) payments which are not entirely at arm's length; (c) payments to holders of equity in the Contractor, subordinated debt holders and any other financing costs other than Senior Debt Service Costs; (d) Indirect Losses suffered or allegedly suffered by any person; (e) fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; (f) payments the Contractor can recover under contract or in respect of which the Contractor has a remedy against another person in respect of the same liability; (g) payments to the extent that the Contractor has available to it: (i) reserves which the Contractor can draw upon without breaching the Senior Financing Agreement; (ii) standby or contingent facilities or funds of senior debt or equity which the Contractor is entitled to have available; (h) payments representing any profits of the Contractor (to the extent not already excluded in (e) above);
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Unavoidable Fixed Costs means the fixed costs incurred by DBFM Co which first fall due for payment by DBFM Co during the period of indemnity but excluding:
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Related to Unavoidable Fixed Costs

  • Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.

  • Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.

  • Bondable stranded costs means any stranded costs or basic

  • Bondable stranded costs rate order means one or more

  • Routine Patient Costs means all health care services that are otherwise covered under the Group Contract for the treatment of cancer or other Life-threatening Condition that is typically covered for a patient who is not enrolled in an Approved Clinical Trial.

  • Service Interruption means, in relation to the supply of electricity to an ICP the cessation of supply to that ICP for a period exceeding the time allowed for interruptions in the relevant Service Standard, other than in accordance with this agreement;

  • Cleanup costs means expenses (including but not limited to legal and professional fees) incurred in testing for, monitoring, cleaning up, removing, containing, treating, neutralizing, detoxifying or assessing the effects of Pollutants.

  • Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.

  • Interruption of irradiation means the stopping of irradiation with the possibility of continuing irradiation without resetting of operating conditions at the control panel.

  • Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.

  • Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

  • Relevant Force Majeure Event means a Force Majeure Event in relation to which an Affected Party is claiming relief under this Clause 17; and