Acceptance Date Disagreement Sample Clauses

Acceptance Date Disagreement. If the Owner determines at any time during such 60-day review period that it does not concur with the Design-Builder’s certification delivered pursuant to subsection 4.3(E) (Test Report), the Owner shall immediately send written notice to the Design-Builder of the basis for its disagreement. In the event of any such non- concurrence by the Owner, either party may elect to initiate dispute resolution procedures in accordance with Section 8.12 (Non-Binding Dispute Resolution Procedures). Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted in a unified and continuous manner as provided in the Acceptance Test Plan and in Appendix 7 (Acceptance Test Requirements and Procedures), demonstrate that all of the Acceptance Standards and Requirements have been met. In the event the Design-Builder, in conducting the Acceptance Tests, does not successfully meet the Acceptance Standards and Requirements, the Design- Builder shall re-test the Design-Build Improvements in accordance with Appendix 7 (Acceptance Test Requirements and Procedures). Nothing in this Section shall prevent the Design-Builder from bringing an action or from repeating any Acceptance Test in order to establish the achievement of Acceptance. The Design-Builder shall provide the Owner with at least three days’ written notice of any re-test of the Acceptance Tests.
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Acceptance Date Disagreement. If SRWA determines at any time during such 30-day review period that it does not concur with the Company’s certification delivered pursuant to subsection 5.3(D) (Test Report), SRWA shall promptly send written notice to the Company of the basis for its disagreement. In the event of any such non-concurrence by SRWA, either party may elect to initiate dispute resolution procedures in accordance with Section 7.10 (Dispute Resolution Procedures). Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted as provided in the Acceptance Test Plan and Appendix 7 (Pre-Acceptance and Acceptance Testing Requirements), demonstrate that all of the Acceptance Test Procedures and Standards have been met. In the event the Company, in conducting the Acceptance Tests, does not successfully meet the Acceptance Test Procedures and Standards, the Company shall re-test the Regional Water Facilities in accordance with Appendix 7 (Pre-Acceptance and Acceptance Testing Requirements). Nothing in this Section shall prevent the Company from repeating any Acceptance Test in order to establish the achievement of Acceptance. The Company shall provide SRWA with at least three days’ written notice of any re-test of the Acceptance Tests.
Sample 1
Acceptance Date Disagreement. If the BWS determines at any time during such 60-day review period that it does not concur with the DBOM Contractor’s certification delivered pursuant to subsection 9.2(E) (Test Report), the BWS shall immediately send written notice to the DBOM Contractor of the basis for its disagreement. In the event of any such non-concurrence by the BWS, the DBOM Contractor may elect to initiate dispute resolution procedures in accordance with Section 16.3 (Authority to Resolve Contract and Breach of Contract Controversies). Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted in a unified and continuous manner as provided in the Full Facility Test and Acceptance Test Plan and in Schedule 9 (Acceptance Testing Requirements), demonstrate that all of the Project Acceptance Criteria have been met. In the event the DBOM Contractor, in conducting the Acceptance Tests, does not successfully meet the Project Acceptance Criteria, the DBOM Contractor shall take all action necessary (including making all capital investments, improvements or modifications, repairs and replacements and Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 9 - Commissioning, Testing, Acceptance and Final Completion ​ operating and management practices changes) in order for the Project to comply with the Project Acceptance Criteria and shall re-test the Project in accordance with Schedule 9 (Acceptance Testing Requirements). The DBOM Contractor shall provide the BWS with at least three days’ written notice of any re-test of the Acceptance Tests. Any capital investment, improvement or modification required to be made pursuant to this subsection, reasonably expected to result in a change to the Design and Construction Requirements, shall be subject to the BWS’s rights under Section 7.2 (Changes to the Design and Construction Requirements at DBOM Contractor Request).
Sample 1
Acceptance Date Disagreement. If WRD determines at any time during such 60-day review period that it does not concur with the DBE’s certification of Provisional Acceptance, WRD shall immediately send written notice to the DBE of the basis for its disagreement. In the event of any such non-concurrence by WRD, either party may elect to refer the dispute to Non-Binding Mediation for resolution pursuant to Section 12.12. The Mediator shall issue a decision within 60 days of the dispute referral unless both parties agree that more time is appropriate. In the event that the Mediator fails to issue a decision within the applicable time period, then either party may initiate judicial proceedings. The parties acknowledge and agree that any decision rendered by the Mediator as to whether Acceptance has occurred shall be non-binding. Acceptance shall not be deemed to have been achieved unless the Acceptance Tests, conducted in a unified and continuous manner as provided in the Acceptance Test plan and in Appendix 8, demonstrate that all of the Acceptance Test Procedures and Standards have been met. In the event the DBE, in conducting the Acceptance Tests, does not successfully meet the Acceptance Test Procedures and Standards, the DBE shall re-test the Facilities in accordance with Appendix 8. Nothing in this Section shall prevent the DBE from bringing an action or from repeating any Acceptance Test in order to establish the achievement of Acceptance. The DBE shall provide WRD with at least three days’ written notice of any re-test of the Acceptance Tests.
Sample 1

Related to Acceptance Date Disagreement

  • Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.

  • Termination Notice If either Party, having become entitled to do so, decides to terminate this Agreement pursuant to the preceding Clause 8.2 (a) (i) or 8.2 (a) (ii), it shall issue Termination Notice setting out:

  • Non-Renewal Termination If the Agreement expires as set forth in Section 6(g) [Non-Renewal Termination], then, subject to Section 22 [Compliance with Section 409A], in addition to all salary, annual bonuses, expense reimbursements, benefits and accrued vacation days earned by the Executive pursuant to Section 4 through the date of the Executive’s termination of employment, the Executive shall be entitled to the compensation set forth in Sections 8(d)(i) through (v), provided that within sixty days following the Executive’s termination of employment (i) the Executive has executed and delivered the Release to the Company, and (ii) the Release has become irrevocable:

  • Notice and Date of Termination (a) Any termination of the Executive’s employment by the Company or by the Executive shall be communicated by a written notice of termination to the other party (the “Notice of Termination”). Where applicable, the Notice of Termination shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive’s employment under the provision so indicated. Unless the Board or a committee thereof, in writing, provides a longer notice period, a Notice of Termination by the Executive alleging a termination for Good Reason must be made within one hundred eighty (180) days of the act or failure to act that the Executive alleges to constitute Good Reason.

  • Notice; Effective Date of Termination (a) Termination of Executive’s employment pursuant to this Agreement shall be effective on the earliest of:

  • Termination Date, Etc “Termination Date” shall mean in the case of the Executive’s death, his date of death, or in all other cases, the date specified in the Notice of Termination subject to the following:

  • Purchase Termination If (i) TRS shall file a petition or commence a Proceeding (A) to take advantage of any Debtor Relief Law or (B) for the appointment of a trustee, conservator, receiver, liquidator, or similar official for or relating to TRS or all or substantially all of its property, (ii) TRS shall consent or fail to object to any such petition filed or Proceeding commenced against or with respect to it or all or substantially all of its property, or any such petition or Proceeding shall not have been dismissed within sixty (60) days of its filing or commencement, or a court, agency, or other supervisory authority with jurisdiction shall have decreed or ordered relief with respect to any such petition or Proceeding, (iii) TRS shall be unable, or shall admit in writing its inability, to pay its debts generally as they become due, (iv) TRS shall make an assignment for the benefit of its creditors or (v) TRS shall voluntarily suspend payment of its obligations (each, an “Insolvency Event”); then TRS shall immediately cease to sell Receivables to RFC VIII and shall promptly give notice to RFC VIII, the Owner Trustee and the Indenture Trustee of such Insolvency Event. Notwithstanding any cessation of the sale to RFC VIII of additional Receivables, Receivables sold to RFC VIII prior to the occurrence of such Insolvency Event and Collections in respect of such Receivables shall continue to be property of RFC VIII available for transfer by RFC VIII to the Trust pursuant to the Transfer Agreement. To the extent that it is not clear to TRS whether collections relate to a Receivable that was sold to RFC VIII or to a receivable that TRS has not sold to RFC VIII, TRS agrees that it shall allocate payments on each Account with respect to the principal balance of such Account first to the oldest principal balance of such Account. [END OF ARTICLE VIII]

  • Termination Giving Rise to a Termination Payment If there is a Covered Termination by the Executive for Good Reason, or by the Company other than by reason of (i) death, (ii) disability pursuant to Section 11, or (iii) Cause, then the Executive shall be entitled to receive, and the Company shall promptly pay, Accrued Benefits and, in lieu of further base salary for periods following the Termination Date, as liquidated damages and additional severance pay and in consideration of the covenant of the Executive set forth in Section 13(a), the Termination Payment pursuant to Section 8(a).

  • Termination of a Material Definitive Agreement Disclosure is required regarding termination of any definitive agreement that is material to the securitization (other than expiration in accordance with its terms), even if depositor is not a party. Examples: servicing agreement, custodial agreement. Depositor

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