Biennial Delivery Requirement Sample Clauses

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.
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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 “

Related to Biennial Delivery Requirement

  • Delivery Requirements Contractor must ensure that the Goods and/or Services are delivered or provided as required by this Contract, the Purchase Order used by Purchaser, and as otherwise mutually agreed in writing between Purchaser and Contractor. The following apply to all deliveries: (a) Contractor shall make all deliveries to the applicable delivery location specified in the Purchase Order. Such deliveries shall occur during Purchaser’s normal work hours and within the time period mutually agreed in writing between Purchaser and Contractor. (b) Contractor shall ship all Goods and/or Services purchased pursuant to this Contract, freight charges prepaid by Contractor, FOB Purchaser’s specified destination with all transportation and handling charges included. Contractor shall bear all risk of loss, damage, or destruction of the Goods and/or Services ordered hereunder that occurs prior to delivery, except loss or damage attributable to Purchaser’s fault or negligence. (c) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Contract shall be identified by the Contract number set forth on the cover of this Contract and the applicable Purchaser’s Purchase Order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders.

  • Service Delivery Requirements The following sections describe in detail the work activity required by this program. All CONTRACTORS will be expected to fulfill the work activity requirements in these areas. A. Staff Requirements & Policies CONTRACTOR shall provide the necessary management and administrative personnel whose expertise will ensure efficient operation of SNEMT services. OoA recognizes that a high quality operation begins with key personnel. Therefore, a minimum level of required staffing is described for the positions and functions described below. 1. Program Manager/Director The program manager/director will be in charge of all management and day- to-day operations of the CONTRACTOR’s SNEMT program. The position will maintain consistent and sufficient contact and communication with the OoA and be responsible for all CONTRACT obligations.

  • 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.

  • Compliance with Prospectus Delivery Requirements The Company shall have complied with the provisions of Sections 2(g) and 3(e) hereof with respect to the furnishing of Prospectuses.

  • 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.

  • Registration Requirement Notwithstanding anything else in this Section 6, no Warrants (including any Private Warrants) may be exercised unless at the time of exercise (i) a registration statement covering the Warrant Shares to be issued upon exercise (other than Warrant Shares to be issued upon exercise of any Private Warrant) is effective under the Act and (ii) a prospectus thereunder relating to the Warrant Shares (other than Warrant Shares to be issued upon exercise of any Private Warrant) is current. The Company shall use its best efforts to have a registration statement in effect covering Warrant Shares issuable upon exercise of the Warrants (other than Warrant Shares to be issued upon exercise of any Private Warrant) from the date the Warrants become exercisable and to maintain a current prospectus relating to those Warrant Shares until the Warrants expire or are redeemed. In the event that, at the end of the Warrant Exercise Period, a registration statement covering the Warrant Shares to be issued upon exercise (other than Warrant Shares to be issued upon exercise of any Private Warrant) is not effective under the Act, all the rights of holders hereunder shall terminate and all of the Warrants shall expire unexercised and worthless, and as a result purchasers of the Units will have paid the full Unit price solely for the share of Common Stock included in each Unit. In no event shall the Warrants be settled on a net cash basis nor shall the Company be required to issue unregistered shares upon the exercise of any Warrant that is not a Private Warrant.

  • Certification Requirements The hospice program certifies and attaches hereto documentation that: (a) it is Medicare approved and meets all Medicare conditions of participation (42 CFR 418); and (b) is licensed pursuant to any applicable state or local law.

  • 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.

  • 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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