Activities and Events Adversely Impacting Savings Sample Clauses

Activities and Events Adversely Impacting Savings. The Owner shall promptly notify ESG of any activities known to the Owner, which adversely impact ESG’s ability to realize the Guaranteed Savings. If this type of situation occurs over the Guarantee Period ESG shall be entitled to reduce its Guaranteed Savings, or make necessary adjustments to the energy baseline in order to quantify the changes in the facility. This will allow ESG and the Owner to recognize and document any such adverse impact to the extent that such adverse impact is beyond ESG’s reasonable control.
Sample 1
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Activities and Events Adversely Impacting Savings. Customer must promptly notify MIDSTATE ENERGY, LLC. of any activities know to Customer, which adversely impacts MIDSTATE ENERGY, LLC.’s ability to realize the Guarantee Savings and MIDSTATE ENERGY, LLC. shall be entitled to reduce the Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is beyond MIDSTATE ENERGY, LLC.’s reasonable control.
Sample 1
Activities and Events Adversely Impacting Savings. OWNER shall promptly notify CONTRACTOR of any activities known to OWNER which adversely impact CONTRACTOR’S ability to realize the Guaranteed Savings and CONTRACTOR shall be entitled to reduce its Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is beyond CONTRACTOR’S reasonable control. XXX.XX0XXX.XXX | 215.322.8400 | 000 Xxxxxxxx Xx. Xxxx Xxxxxxxxxx, XX 00000 XXX.XX0XXX.XXX | 215.322.8400 | 000 Xxxxxxxx Xx. Xxxx Xxxxxxxxxx, XX 00000 XXX.XX0XXX.XXX | 215.322.8400 | 000 Xxxxxxxx Xx. Xxxx Xxxxxxxxxx, XX 00000 The Prevailing Wage Determination for this project is Serial No. 22‐07554. XXX.XX0XXX.XXX | 215.322.8400 | 000 Xxxxxxxx Xx. Xxxx Xxxxxxxxxx, XX 00000 & - . - & & %! ) ) 0 "/ ' ! 1 ) 1 . 34 >5 6A7?:?@B;7B6C>58 56 489:7385:7; !" %%'"())* + ,#%$#%"%% <8=> D6<E 57E6C :?7@<6 F_GKWHGHXNGVILJNK`LMaNbOcGdPbeQdKeIeIRSMTLIUL VQLKfWKLXgNHGPKIhNGPYLZGX[\I]^RNXS H9 =E#$(((&%/F-&.1$/>1'(0.$2()& 112 $*G?+ @$ (, >- . X' >/ ( & + 1 Aa0 / . Y(Y-B 12*_ X+&[ $1$' _/Z`', ' b/ (+ [.\ -B Y. Y + C bZD / +c(1[ Y \Z]d 35 4 Z 5 4 ]6 ^ 7 " 56 6<5 [Y_Y" ` ] c
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Activities and Events Adversely Impacting Savings. CUSTOMER shall promptly notify CTS of any activities known to CUSTOMER which adversely impact: CTS's ability to realize the Guaranteed Savings and CTS shall be entitled to reduce its Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is beyond CTS's reasonable control.
Sample 1
Activities and Events Adversely Impacting Savings. Customer shall promptly notify Honeywell of any activities known to Customer which adversely impact Honeywell’s ability to realize the Guaranteed Savings and Honeywell shall be entitled to reduce its Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is beyond Honeywell’s reasonable control. 3.4.3.1 If for any reason any facility and/or utility meter covered under this Contract is materially unoccupied, closed, or discontinued, the Customer shall promptly notify Honeywell within fifteen (15) days of this change. The savings will be deemed realized for such facilities or meters and the Guarantee will be adjusted accordingly. Honeywell will provide written notice of such adjustment to the Customer.
Sample 1
Activities and Events Adversely Impacting Savings. CUSTOMER shall notify HONEYWELL within fifteen (15) business days of occurrence of any significant changes to a Facility that could adversely impact HONEYWELL’s ability to achieve Guaranteed Savings. Honeywell shall document the impact of such events including calculations to support any adjustment in the Annual Guaranteed Savings Reconciliation Report for Customer’s review and approval. Further, if for any reason any facility and/or utility meter covered under this Agreement is materially unoccupied, closed, or discontinued, the CUSTOMER shall notify HONEYWELL within fifteen (15) business days of this change. The savings will be deemed realized for such facilities or meters and the Guarantee will be adjusted accordingly. HONEYWELL will provide written notice of such adjustment to the CUSTOMER.
Sample 1
Activities and Events Adversely Impacting Savings. The CLIENT shall promptly notify ESG of any activities known to the CLIENT, which adversely impact ESG’s ability to realize the Guaranteed Savings. If this type of situation occurs over the Guarantee Period ESG shall be entitled to reduce its Guaranteed Savings, or make necessary adjustments to the energy baseline in order to quantify the changes in the facility. This will allow ESG and the CLIENT to recognize and document any such adverse impact to the extent that such adverse impact is beyond ESG’s reasonable control. ESG guarantees that the Work will result in the following sum of Total Guaranteed Year Savings over the Term as outlined in Table A on the following page: Table A – Guaranteed Savings Construction $ 48,000 $ - $ - $ - $ 48,000 1 $ - $ - $ 371,910 $ 110,703 $ 5,600 $ 488,213 2 $ - $ - $ 383,067 $ 114,024 $ 5,768 $ 502,860 3 $ - $ - $ 394,559 $ 117,445 $ 5,941 $ 517,945 4 $ - $ - $ 406,396 $ 120,968 $ 6,119 $ 533,484 5 $ - $ - $ 418,588 $ 124,598 $ 6,303 $ 549,488 6 $ - $ - $ 431,146 $ 128,335 $ 6,492 $ 565,973 7 $ - $ - $ 444,080 $ 132,185 $ 6,687 $ 582,952 8 $ - $ - $ 457,402 $ 136,151 $ 6,887 $ 600,441 9 $ - $ - $ 471,124 $ 140,236 $ 7,094 $ 618,454 10 $ - $ - $ 485,258 $ 144,443 $ 7,307 $ 637,008 11 $ - $ - $ 499,816 $ 148,776 $ 7,526 $ 656,118 12 $ - $ - $ 514,810 $ 153,239 $ 7,752 $ 675,801 13 $ - $ - $ 530,255 $ 157,836 $ 7,984 $ 696,075 14a $ - $ - $ 546,162 $ 81,286 $ 4,112 $ 631,560 Totals $ 48,000 $ - $ 6,354,574 $ 1,810,226 $ 91,572 $ 8,304,372 a Only half year values shown The annual escalation rates listed in the following table are stipulated as part of guaranteed energy and operational savings listed in Table A and for M&V and O&M costs listed in the financial section of the project. ESG and the CLIENT agree to the escalation rates listed below: The actual escalation of calculated savings that will be applied in the M&V Report will be the
Sample 1
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Activities and Events Adversely Impacting Savings. CUSTOMER shall promptly notify HONEYWELL of any activities known to CUSTOMER which adversely impact HONEYWELL’s ability to realize the Guaranteed Savings and HONEYWELL shall be entitled to reduce its Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is beyond HONEYWELL’s reasonable control. 3.4.3.1 If for any reason any facility and/or utility meter covered under this Agreement is materially unoccupied, closed, or discontinued, the CUSTOMER shall promptly notify HONEYWELL within fifteen (15) days of this change. The savings will be deemed realized for such facilities or meters and the Guarantee will be adjusted accordingly. HONEYWELL will provide written notice of such adjustment to the CUSTOMER.
Sample 1

Related to Activities and Events Adversely Impacting Savings

  • Professional Development; Adverse Consequences of School Exclusion; Student Behavior The Board President or Superintendent, or their designees, will make reasonable efforts to provide ongoing professional development to Board members about the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates, i.e., Senate Bill 100 training topics. The Board will conduct periodic self-evaluations with the goal of continuous improvement. New Board Member Orientation The orientation process for newly elected or appointed Board members includes:

  • Material Changes; Undisclosed Events, Liabilities or Developments Since the date of the latest audited financial statements included within the SEC Reports, except as set forth on Schedule 3.1(i), (i) there has been no event, occurrence or development that has had or that could reasonably be expected to result in a Material Adverse Effect, (ii) the Company has not incurred any liabilities (contingent or otherwise) other than (A) trade payables and accrued expenses incurred in the ordinary course of business consistent with past practice and (B) liabilities not required to be reflected in the Company’s financial statements pursuant to GAAP or disclosed in filings made with the Commission, (iii) the Company has not altered its method of accounting, (iv) the Company has not declared or made any dividend or distribution of cash or other property to its stockholders or purchased, redeemed or made any agreements to purchase or redeem any shares of its capital stock and (v) the Company has not issued any equity securities to any officer, director or Affiliate, except pursuant to existing Company stock option plans. The Company does not have pending before the Commission any request for confidential treatment of information. Except for the issuance of the Securities contemplated by this Agreement or as set forth on Schedule 3.1(i), no event, liability, fact, circumstance, occurrence or development has occurred or exists or is reasonably expected to occur or exist with respect to the Company or its Subsidiaries or their respective businesses, prospects, properties, operations, assets or financial condition that would be required to be disclosed by the Company under applicable securities laws at the time this representation is made or deemed made that has not been publicly disclosed at least 1 Trading Day prior to the date that this representation is made.

  • Technical and Organisational Measures (1) Before the commencement of processing, the Supplier shall document the execution of the necessary Technical and Organisational Measures, set out in advance of the awarding of the Order or Contract, specifically with regard to the detailed execution of the contract, and shall present these documented measures to the Client for inspection. Upon acceptance by the Client, the documented measures become the foundation of the contract. Insofar as the inspection/audit by the Client shows the need for amendments, such amendments shall be implemented by mutual agreement. (2) The Supplier shall establish the security in accordance with Article 28 Paragraph 3 Point c, and Article 32 GDPR in particular in conjunction with Article 5 Paragraph 1, and Paragraph 2 GDPR. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. The state of the art, implementation costs, the nature, scope and purposes of processing as well as the probability of occurrence and the severity of the risk to the rights and freedoms of natural persons within the meaning of Article 32 Paragraph 1 GDPR must be taken into account. [Details in Appendix 1] (3) The Technical and Organisational Measures are subject to technical progress and further development. In this respect, it is permissible for the Supplier to implement alternative adequate measures. In so doing, the security level of the defined measures must not be reduced. Substantial changes must be documented.

  • Technical and Organizational Measures The following sections define SAP’s current technical and organizational measures. SAP may change these at any time without notice so long as it maintains a comparable or better level of security. Individual measures may be replaced by new measures that serve the same purpose without diminishing the security level protecting Personal Data.

  • Financial Statements; No Material Adverse Effect; No Internal Control Event (a) (i) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of Borrower and its Consolidated Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness. (b) The unaudited consolidated balance sheets of Borrower and its Consolidated Subsidiaries dated August 31, 2006, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for the fiscal quarter ended on that date (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein, and (ii) fairly present the financial condition of Borrower and its Consolidated Subsidiaries as of the date thereof and their results of operations for the period covered thereby, subject, in the case of clauses (i) and (ii), to the absence of footnotes and to normal year-end audit adjustments. (c) Since the date of the Audited Financial Statements, there has been no event or circumstance, either individually or in the aggregate, that has had or could reasonably be expected to have a Material Adverse Effect. (d) To the best knowledge of Borrower, no Internal Control Event exists or has occurred since the date of the Audited Financial Statements that has resulted in or could reasonably be expected to result in a misstatement in any material respect, in any financial information delivered or to be delivered to Agent or Lenders, of (i) covenant compliance calculations provided hereunder or (ii) the assets, liabilities, financial condition or results of operations of Borrower and its Subsidiaries on a consolidated basis. (e) The forecasted balance sheet and statements of income and cash flows of Borrower and its Consolidated Subsidiaries delivered pursuant to Section 6.01(c) were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair in light of the conditions existing at the time of delivery of such forecasts, and represented, at the time of delivery, Borrower’s best estimate of its future financial condition and performance.

  • FLORIDA CONVICTED/SUSPENDED/DISCRIMINATORY COMPLAINTS By submission of an offer, the respondent affirms that it is not currently listed in the Florida Department of Management Services Convicted/Suspended/Discriminatory Complaint Vendor List.

  • No Undisclosed Events, Liabilities, Developments or Circumstances No event, liability, development or circumstance has occurred or exists, or is reasonably expected to exist or occur with respect to the Company, any of its Subsidiaries or any of their respective businesses, properties, liabilities, prospects, operations (including results thereof) or condition (financial or otherwise), that (i) would be required to be disclosed by the Company under applicable securities laws on a registration statement on Form S-1 filed with the SEC relating to an issuance and sale by the Company of its Common Stock and which has not been publicly announced, (ii) could have a material adverse effect on any Buyer’s investment hereunder or (iii) could have a Material Adverse Effect.

  • Accidents and Dangerous Occurrences The Hirer must report all accidents involving injury to the public to a member of the Village Hall management committee as soon as possible and complete the relevant section in the Village Hall’s accident book. Any failure of equipment belonging to the Village Hall or brought in by the Hirer must also be reported as soon as possible. Certain types of accident or injury must be reported on a special form to the local authority. The Hall Secretary will give assistance in completing this form. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

  • Financial Condition; No Adverse Change The Borrower has furnished to the Lender its audited financial statements for its fiscal year ended June 30, 2001 and unaudited financial statements for the fiscal-year-to-date period ended March 31, 2002, and those statements fairly present the Borrower's financial condition on the dates thereof and the results of its operations and cash flows for the periods then ended and were prepared in accordance with generally accepted accounting principles. Since the date of the most recent financial statements, there has been no change in the Borrower's business, properties or condition (financial or otherwise) which has had a Material Adverse Effect.

  • Reports of unusual occurrence The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Highway relating to the safety and security of the Users and Project Highway. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Highway shall include: (a) accident, death or severe injury to any person; (b) damaged or dislodged fixed equipment; (c) flooding of Project Highway; and (d) any other unusual occurrence.

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