AppropriationofPerformanceSecurity Sample Clauses

AppropriationofPerformanceSecurity. HPGCLshall,withoutprejudicetoitsotherrightsandremedieshereunder,inlawor equity, have the unqualified right to encash and appropriate the PerformanceSecurityinpartorinfull,intheeventofafailureordefaultoftheMineDeveloper and Operator to comply with its obligations, including a Mine Developer and OperatorDefault, the Mine Developer and Operator's failure to meet any Condition Precedent,or the Mine Developer and Operator's failure to pay any sums (including Damages)due hereunder, failure to achieve Efficiency parameters/ guaranteed coal productionasperAllotmentAgreement.TheMineDeveloperandOperatorshall,within15(fi fteen) days from such encashment and appropriation of the Performance SecuritybyHPGCL,(i)incaseofapartialand / or appropriation,restorethevalueofthePerformance Security to the value as is required to be maintained pursuant to Clause9.1.1; and 9.1.2, provide a fresh PerformanceSecurity in accordance with the requirements of Clause 9.1.1 and 9.1.2, failing whichHPGCLshallbeentitledtoterminatethisAgreementinaccordancewithArticle43.
Sample 1
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AppropriationofPerformanceSecurity. (i) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to itsother rights and remedies hereunder or in law, be entitled to encash and appropriate there levant amounts from the Performance Security as Damages for such Contractor’s Default.
Sample 1
AppropriationofPerformanceSecurity. Upon occurrence of a Concessionaire Default or failure to meet any Condition Precedent, the Authorityshall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash andappropriate the relevant amounts from the Performance Security as Damages for such ConcessionaireDefault or for failure to meet any Conditions Precedent. Upon such encashment and appropriation fromthe Performance Security, the Concessionaire shall, within 30 (thirty) days thereof, replenish, in case ofpartial appropriation, to its original level the Performance Security, and in case of appropriation of theentirePerformanceSecurity provideafreshPerformanceSecurity,asthecasemaybe,andtheConcessionaire shall, within the time so granted, replenish or furnish fresh Performance Security asaforesaid failing which the Authority shall be entitled to terminate this Agreement in accordance withArticle 36. Upon replenishment or furnishing of a fresh Performance Security, as the case may be, asaforesaid, the Concessionaire shall be entitled to an additional Cure Period of 90 (ninety) days forremedying the Concessionaire Default, and in the event of the Concessionaire not curing its defaultwithin such Cure Period, the Authority shall be entitled to encash and appropriate such PerformanceSecurityasDamages, andtoterminatethisAgreementinaccordancewithArticle36.
Sample 1

Related to AppropriationofPerformanceSecurity

  • Where No Appropriation If, as provided for in section 4.3, the LHIN does not receive the necessary funding from the MOHLTC, the LHIN may terminate this Agreement immediately by giving Notice to the HSP.

  • Non-Appropriation If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or otherwise upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is funded in whole or in part by Federal funds, and in the event Federal funds become unavailable or reduced, the State may suspend or cancel this Grant immediately, and the State shall have no obligation to pay Subrecipient from State revenues.

  • CONTRACTOR PERFORMANCE Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office.

  • Industrial Accident Leave 5.8.1 Unit Members will be entitled to industrial accident leave according to the provision in Education Code Section 87787 for personal injury which has qualified for Worker's Compensation under the provisions of the State Compensation Insurance Fund.

  • Appropriations Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, each Finance Party (or any trustee or agent on its behalf) may:

  • Personal Accident On payment of a Claim under Benefit II (a): Death or Permanent Total Disablement, the cover will cease in respect of that Insured Person.

  • Management of Special and Technical Environment Each certificated support person demonstrates an acceptable level of performance in managing and organizing the special materials, equipment and environment essential to the specialized programs.

  • Annual Appropriation Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature.

  • Infrastructure Vulnerability Scanning Supplier will scan its internal environments (e.g., servers, network devices, etc.) related to Deliverables monthly and external environments related to Deliverables weekly. Supplier will have a defined process to address any findings but will ensure that any high-risk vulnerabilities are addressed within 30 days.

  • Fiscal Appropriations This Contract is subject to and contingent upon available local, state, and/or federal funds and applicable budgetary appropriations being approved by the County of Orange Board of Supervisors for each fiscal year during the term of this Contract. If such appropriations are not approved, the Contract will be terminated, without penalty to the County.

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