Biennial Delivery Requirement Sample Clauses

Biennial Delivery Requirement. The Seller shall be obligated to Deliver to Buyer Energy and associated RECs in an amount equal to at least fifty percent (50%) of the energy and associated RECs set forth in the Delivery Schedule for any two consecutive Contract Years, which required volume for each two-year period is set forth in the Delivery Schedule, and the Seller’s failure to Deliver such volume of Energy and RECs over any two consecutive Contract Years shall constitute a “
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Biennial Delivery Requirement. The Seller shall be obligated to Deliver to Buyer at least fifty percent (50%) of the Energy and associated RECs set forth in the Delivery Schedule for any two consecutive Contract Years, and the Seller’s failure to Deliver such volume of Energy and RECs over any two consecutive Contract Years shall constitute a “Delivery Deficiency.” The Delivery Deficiency shall be calculated as the positive difference between (i) fifty percent (50%) of the aggregate Energy and the associated RECs set forth in the Delivery Schedule during the two consecutive Contract Years at issue and (ii) the aggregate Energy and RECs Delivered during those two consecutive Contract Years; provided, however, that any hours in which (w) Seller is excused from Delivering Energy and RECs under this Agreement (including Sections 4.2(a), 9.3(a)(ii), and 10.1(b)), (x) Buyer fails to accept Energy and RECs in breach of its obligations hereunder, (y) a Catastrophic Failure resulting in the Facility not producing Energy for up to the Catastrophic Failure Period, or (z) Buyer does not accept Energy and RECs under Section 4.4 due to a Reliability Curtailment will not be included in either clause (i) or clause (ii) of any calculation of a Biennial Delivery Deficiency. Seller shall pay Buyer an amount for such Delivery Deficiency (measured in MWh and/or RECs) equal to the Delivery Deficiency Damages for such Delivery Deficiency. Such payment shall be due no later than the date for Buyer’s first payment in the Contract Year immediately succeeding the two Contract Year period in which the Delivery Deficiency occurred, as set forth in Section 5.2 hereof. Each Party agrees and acknowledges that (i) the damages that Buyer would incur due to a Delivery Deficiency would be difficult or impossible to predict with certainty, and (ii) it is impractical and difficult to assess actual damages in the circumstances stated, and therefore the Delivery Deficiency Damages as agreed to by the Parties and set forth herein is a fair and reasonable calculation of such damages.

Related to Biennial Delivery Requirement

  • DELIVERY REQUIREMENTS Contractor must ensure that delivery of goods and/or services will be made as required by this Master Contract, the Purchase Order used by Purchasers, or as otherwise mutually agreed in writing between the Purchaser and Contractor. The following apply to all deliveries:

  • Service Delivery Requirements All services provided by the Vendor under the terms and conditions of this Contract shall be delivered in accordance with:

  • W-9 Requirement Alongside a signed copy of this Agreement, Grantee will provide Florida Housing with a properly completed Internal Revenue Service (“IRS”) Form W-9. The purpose of the W-9 form is to document the SS# or FEIN# per the IRS. Note: W-9s submitted for any other entity name other than the Grantee’s will not be accepted.

  • Notification Requirement Through and up to the conclusion of the Non-Competition Period, Executive shall give notice to the Company of each new business activity he plans to undertake, at least seven (7) days prior to beginning any such activity. Such notice shall state the name and address of the Person for whom such activity is undertaken and the nature of Executive’s business relationship(s) and position(s) with such Person.

  • Foreign Language Requirement Where a product sign or label used to provide a warning includes consumer information in a language other than English, the warning shall also be provided in such language.

  • Training Delivery Type Code -- Code Short Description Long Description (If Applicable) 01 Traditional Classroom (no technology)

  • Staff-to-Youth Ratio Requirement For all group activities the AGENCY shall abide by the staff-to-youth ratio range that is between the ratio established by its written policy and procedures and the ratio stated in Section 402.305(4), Florida Statutes. If the staff-to-youth ratio does not meet the minimum standard of care as stated in Section 402.305 (4), Florida Statutes, the AGENCY shall increase staff- to-youth ratios to meet these minimum standards. Section 402.305(4), Florida Statutes, states the minimum staff-to-youth ratio for on-site group activities for children five (5) years of age or older there must be one (1) childcare personnel staff to every twenty-five (25) children; for field trips and other off-site activities, Chapter 65C-22.001, Florida Administrative Code, requires one (1) extra adult, in addition to the on-site requirement. This standard shall be required for all programming paid for with funds under this Contract. The AGENCY will ensure that the staffing pattern is adequate and is adjusted to meet programmatic needs. The AGENCY shall adjust its staffing ratio to meet any ratio update required by Florida Statutes that occurs during the Contract year.

  • Certification Requirements The applicant will provide Vista Laboratories, Inc. with all product information for the evaluation of the product to be certified and warrant that the information provided is accurate and complete so that Vista Labs may perform the services requested. If the product was tested at an external laboratory, the applicant must provide the complete test report to Vista Labs. If the external testing facility is not ISO 17025 accredited, or does not have the proper scope, Vista Labs must determine if the test report can be used for certification activities. The applicant’s information is used to perform a product review and evaluation to determine the product’s compliance to the specific certification requested. Throughout the process, the client agrees to make claims regarding certification consistent with the scope of certification. The applicant agrees to supply the required number of product samples, to be determined by Vista Labs, to the laboratory for testing, measurement, and evaluation purposes. The client understands that certain tests may damage or destroy the sample and acknowledge that Vista Labs is not responsible for such damages. Samples will be returned only upon request by the applicant and at the applicant’s expense, after the completion of certification. Samples will be disposed of after six months if not requested for return by applicant. The product is ineligible for certification if it has been modified by the client after testing or certification. Changes to the product must be approved by Vista Laboratories. Vista Labs reserves the right to re- evaluate the product as a result of information that raises questions concerning the conformance of the product. Certified products maintain fulfilment of product requirements if the certification applies to ongoing production. If the client provides copies of the certification documents to other parties, the documents are reproduced in their entirety, or as specified in the certification scheme. In making reference to its product certification in media, such as brochures or advertisement, the client complies with the requirements of the Vista Labs or as specified by the certification scheme. The client complies with any requirements that may be prescribed in the certification scheme relating to the use of marks of conformity, and on all product correspondences and product related information. Vista Labs reserves the right to revise or withdraw the requirements as required in order to maintain conformance with FCC rules and regulations governing the product. The product may continue with certification and receive certification upon demonstration of compliance with the revised requirements, to the satisfaction of Vista Laboratories.

  • GRADUATION REQUIREMENTS I understand that in order to graduate from the program and to receive a certificate of completion, diploma or degree I must successfully complete the required number of scheduled clock hours as specified in the catalog and on the Enrollment Agreement, pass all written and practical examinations with a minimum score of 80%, and complete all required clinical hours and satisfy all financial obligations to the College. Initial

  • Federal Medicaid System Security Requirements Compliance Party shall provide a security plan, risk assessment, and security controls review document within three months of the start date of this Agreement (and update it annually thereafter) in order to support audit compliance with 45 CFR 95.621 subpart F, ADP System Security Requirements and Review Process.

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