Consequences of Discriminatory Action Sample Clauses

Consequences of Discriminatory Action. If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer for the amount of the payments otherwise due to the Supplier hereunder that are reduced or precluded as a result of the Discriminatory Action or the increase in the costs that the Supplier would reasonably be expected to incur to satisfy the Must-Offer Obligation as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier.
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Consequences of Discriminatory Action. ‌ If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer for: (a) the amount of the increase in the costs that the Supplier would reasonably be expected to incur in respect of Contracted Facility Operation as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier; and (b) the amount by which (i) the net present value of the net revenues from the Electricity and Related Products in respect of Contracted Facility Operation that are forecast to be earned by the Supplier during the period of time commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, exceeds (ii) the net present value of the net revenues from the Electricity and Related Products in respect of Contracted Facility Operation that are forecast to be earned by the Supplier during the period of time commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending on the expiry of the Term, taking into account the occurrence of the Discriminatory Action and any actions that the Supplier should reasonably be expected to take to mitigate the effect of the Discriminatory Action, such as by mitigating operating expenses and normal capital expenditures of the business of the generation and delivery of the Electricity and Related Products in respect of Contracted Facility Operation.
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Consequences of Discriminatory Action. Draft If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer for the amount of the increase in the costs that the Supplier would reasonably be expected to incur to satisfy the Must-Offer Obligation as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier.
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Consequences of Discriminatory Action. (a) Each time a Discriminatory Action occurs, then without limiting the rights of each Generator pursuant to Article 9, but subject to Section 15.3, each Generator shall have the right to obtain compensation (the “Discriminatory Action Compensation”) from the Counterparty for: (i) the amount of the increase in the costs that the relevant Generator would reasonably be expected to incur under this Agreement, including in respect of the Refurbishment of any of the ▇▇▇▇▇ A Units or in the operation or maintenance of ▇▇▇▇▇ A, ▇▇▇▇▇ B or the Common Facilities, as applicable, or the generation, sale or delivery of the Electricity and Related Products from ▇▇▇▇▇ A, ▇▇▇▇▇ B or the Common Facilities, as applicable, in any of the foregoing cases as a result of the occurrence of such Discriminatory Action, commencing on the first day of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the relevant Generator that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the relevant Generator; (ii) the amount by which (A) the net present value of the net revenues from ▇▇▇▇▇ A, ▇▇▇▇▇ B or the Common Facilities, as applicable, or part thereof, (inclusive of amounts receivable by the relevant Generator pursuant to Article 3 or, if applicable, Section 9.5) that are forecast to be earned by the relevant Generator during the period of time commencing on the first day of the Discriminatory Action and ending at the expiry of the Term had no Discriminatory Action occurred, exceeds (B) the net present value of the net revenues from ▇▇▇▇▇ A, ▇▇▇▇▇ B or the Common Facilities, as applicable, or part thereof, (inclusive of amounts receivable by the relevant Generator pursuant to Article 3 or, if applicable, Section 9.5) that are forecast to be earned by the relevant Generator during the period of time commencing on the first day of the Discriminatory Action and ending on the expiry of the Term, taking into account the occurrence of the Discriminatory Action and any actions that the relevant Generator should reasonably be expected to take to mitigate the effect of the Discriminatory Action, such as by mitigating operating expenses and normal capital expenditures of the business of the generation and delivery of the Electricity and Related Products by ▇▇▇▇▇ A, ▇▇▇▇▇ B or the Common Facilities, as applicable, or part thereof; and (iii) ...
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Consequences of Discriminatory Action. If a Discriminatory Action occurs, the Supplier shall have the right to obtain, without duplication, compensation (the “Discriminatory Action Compensation”) from the Buyer for: (a) the amount of the increase in the costs that the Supplier would reasonably be expected to incur in the delivery of the Electricity and Related Products from the Contract Facility as a result of the occurrence of such Discriminatory Action, commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, but excluding the portion of any costs charged by a Person who does not deal at Arm’s Length with the Supplier that is in excess of the costs that would have been charged had such Person been at Arm’s Length with the Supplier; and (b) the amount by which (i) the net present value of the net revenues from the Contract Facility that are forecast to be earned by the Supplier during the period of time commencing on the first day of the first calendar month following the date of the Discriminatory Action and ending at the expiry of the Term, exceeds
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Consequences of Discriminatory Action. ‌ To the extent that there is a Discriminatory Action, then: (a) the Supplier, upon becoming aware of the consequences of such Discriminatory Action, shall promptly notify the Sponsor; (b) the Parties and, at the Sponsor’s discretion, those Other Suppliers that are required by the Sponsor to participate, shall engage in good faith negotiations to Amend this Agreement and the respective agreements of those Other Suppliers on the basis that such Amendments together with the Discriminatory Action will substantially reflect the Supplier’s Economics and, at the Sponsor’s discretion, those Other Suppliers, prior to the Discriminatory Action; and (c) if the Parties fail to reach agreement on the Amendments described in Subsection 12.1(b), the matter shall be determined by mandatory and binding arbitration, from which there shall be no appeal, with such arbitration(s) to be conducted in accordance with the procedures set out in Exhibit E. However, if the Supplier fails to participate in such arbitration, the Supplier acknowledges that it waives its right to participate in such arbitration, which shall nevertheless proceed, and the Supplier shall be bound by the award of the Arbitration Panel and the subsequent Amendments to this Agreement made by the Sponsor to implement such award of the Arbitration Panel.
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Consequences of Discriminatory Action. If a Discriminatory Action occurs, the Grantor will, subject to Sections 26.4 and 26.5, pay compensation to the Concessionaire equal to the decrease in Concession FMV resulting from the Discriminatory Action (the “Discriminatory Action Compensation”).
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Related to Consequences of Discriminatory Action

  • CONSEQUENCES OF POSITIVE TEST RESULTS For post-Accident or reasonable suspicion, a Covered Employee shall be immediately removed from performing his or her job or, in the alternative, may be temporarily reassigned to work that is not safety-sensitive if such work is available. The Covered Employee shall be subject to disciplinary action, and shall meet with the SAPC, as set forth in Exhibit A, and section 10 below, if the Covered Employee: 1. Is confirmed to have tested positive for alcohol or drugs; 2. Refuses to Submit to testing; or 3. Has submitted a specimen that the testing laboratory report is an Adulterated or Substituted Specimen. a. If the Union disagrees with the proposed disciplinary action, it may use the grievance procedure as set forth in the parties’ MOU, provided, however, that such a grievance must be initiated at the Employee Relations Director step, unless the parties otherwise mutually agree. b. All proposed disciplinary actions imposed because of a positive drug/alcohol test(s) shall be administered pursuant to the disciplinary matrix set forth in Exhibit A. Subject to good cause, the City may impose discipline for conduct in addition to the discipline for a positive drug/alcohol test. The positive test may be a factor in determining good cause for such additional discipline. c. In the event the City proposes disciplinary action, the notice of the proposed discipline shall contain copies of all laboratory reports and any other supporting documentation upon which the City is relying to support the proposed discipline.

  • Consequences of Force Majeure Subject to clauses 24.4, 24.5 and 24.6, if by reason of a Force Majeure Event a Party (Affected Party) is affected in the performance of any obligation or clause under this Agreement: (a) that Party will be excused during the time, and to the extent that, such performance is so affected; and (b) that Party will not, to that extent, be liable to the other Party for any Damage of any kind arising out of, or in any way connected with, that non-performance.

  • Consequences of Breach Without prejudice to Clause 8 (Warranties and Repurchase by the Seller), the Mortgages Trustee, Funding and the Security Trustee severally acknowledge to and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding or the assets comprised in the Funding Security constituted by the Funding Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or Funding or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also been or given rise to an Event of Default or enforcement of the security contributed by the Funding Deed of Charge shall be treated as indirect or consequential loss or damage.