Common use of Bonds and Other Performance Security Clause in Contracts

Bonds and Other Performance Security. 7.4.1 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account of Design-Builder.

Appears in 10 contracts

Samples: License Agreement (Advanced BioEnergy, LLC), License Agreement (Highwater Ethanol LLC), License Agreement (E Energy Adams LLC)

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Bonds and Other Performance Security. 7.4.1 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account sole responsibility of Design-Builder.

Appears in 3 contracts

Samples: Master Agreement (US BioEnergy CORP), Master Agreement (US BioEnergy CORP), Master Agreement (US BioEnergy CORP)

Bonds and Other Performance Security. 7.4.1 On or prior to the date of Financial Closing, if requested by Owner, Closing the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the "Performance Bond") in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) % for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) % times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s 's default under this Agreement or the Performance Bond shall be for the account of Design-Builder.

Appears in 2 contracts

Samples: License Agreement (Green Plains Renewable Energy, Inc.), License Agreement (Green Plains Renewable Energy, Inc.)

Bonds and Other Performance Security. 7.4.1 7.3.1 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account of Design-Builder.

Appears in 1 contract

Samples: License Agreement (US BioEnergy CORP)

Bonds and Other Performance Security. 7.4.1 On If requested by Owner, on or prior to the date of Financial Closing, if requested by Owner, Closing the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one one-half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one one-half percent (7.5%) times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account of Design-Builder.

Appears in 1 contract

Samples: License Agreement (Siouxland Ethanol, LLC)

Bonds and Other Performance Security. 7.4.1 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account of Design-Builder. *Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Build Expansion Agreement (Golden Grain Energy)

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Bonds and Other Performance Security. 7.4.1 7.3.1. On or prior to the date of Financial Closing, if requested by Owner, Closing the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) % for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) % times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account of Design-Builder.

Appears in 1 contract

Samples: License Agreement (US BioEnergy CORP)

Bonds and Other Performance Security. 7.4.1 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) % for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) % times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account of Design-Builder.

Appears in 1 contract

Samples: Lump Sum Design Build Contract (Advanced BioEnergy, LLC)

Bonds and Other Performance Security. 7.4.1 On or prior to the date of Financial Closing, if requested by Owner, the Design-Builder shall deliver to Owner a bond substantially in the form attached as Exhibit H (the “Performance Bond”) in an initial amount equivalent to the Contract Price. Owner shall pay on the date of Financial Closing all costs of obtaining such bond, plus pay Design-Builder a fee of seven and one half percent (7.5%) for obtaining such bond, such fee to be calculated by multiplying seven and one half percent (7.5%) times the cost of the Performance Bond. Any amounts payable to the surety due to Design-Builder’s default under this Agreement or the Performance Bond shall be for the account of Design-Builder.

Appears in 1 contract

Samples: License Agreement (One Earth Energy LLC)

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