Common use of Acceleration of Performance Clause in Contracts

Acceleration of Performance. Upon the request of the Agency, Developer shall expedite the performance of its obligations under Section 5.2.4 if Developer determines it is reasonably feasible to do so and the Agency agrees to reimburse Developer for the actual costs to Developer resulting from expediting such performance (including without limitation the cost of accelerating capital and other expenditures). Upon the Agency’s request, the Parties shall meet and confer in good faith to determine both the extent to which such obligations can be expedited and the estimated costs thereof. If they are able to agree in writing, Developer shall perform the expedited work and submit monthly bills to the Agency for such costs (together with reasonable backup evidence of the costs). If the Agency fails to pay Developer’s costs as set forth above within thirty (30) days following the receipt of an invoice from Developer, then Developer shall have the right to refuse to continue to perform the expedited work unless and until the Agency makes payment in full.

Acceleration of Performance. Upon the request of the Agency, Developer Xxxxxxxxx shall expedite the performance of its obligations under Section 5.2.4 if Developer determines it is reasonably feasible to do so and the Agency agrees to reimburse Developer for the actual costs to Developer resulting from expediting such performance (including without limitation the cost of accelerating capital and other expenditures). Upon the Agency’s request, the Parties shall meet and confer in good faith to determine both the extent to which such obligations can be expedited and the estimated costs thereof. If they are able to agree in writing, Developer Xxxxxxxxx shall perform the expedited work and submit monthly bills to the Agency for such costs (together with reasonable backup evidence of the costs). If the Agency fails to pay Developer’s costs as set forth above within thirty (30) days following the receipt of an invoice from Developer, then Developer shall have the right to refuse to continue to perform the expedited work unless and until the Agency makes payment in full.