Butamax Unit Performance Test Sample Clauses

Butamax Unit Performance Test. Butamax will define and direct execution of one or more Butamax Unit Performance Test per the terms of Exhibit 3 which will be conducted at Butamax’s discretion. Highwater will review and execute the Butamax Unit Performance Test objectives, protocols and procedures. The Butamax Unit Performance Test will establish the capability of the Butamax Unit to recover corn oil in liquefied mash. Butamax is the sole owner of, and has unrestricted rights to, all data and results of the Butamax Unit Performance Test. Should the Butamax Unit Performance Test not establish the capability of the Butamax Unit to be ***, the Keep Whole provisions in the Equipment Lease shall apply. However, should the Butamax Unit Performance Test establish the capability of the Butamax Unit to be ***, the Keep Whole mechanism will apply solely to reduce Payments (as defined in the Equipment Lease) owed from Highwater to Butamax, but will not result in any ongoing payment from Butamax to Highwater. Once a Butamax Unit Performance Test demonstrates the capability to achieve a ***, the Keep Whole provisions shall terminate. Highwater shall operate the Butamax Unit consistent with maximum demonstrated yields in order to qualify for Keep Whole payments. A summary report will be provided by Butamax to Highwater describing the results of any Butamax Unit Performance Tests. The Parties shall jointly sign each report and all such reports will be kept confidential by Highwater per the terms herein. All information pertaining to the Butamax Unit Performance Test(s) shall be considered Butamax Confidential Information.
Sample 1
AutoNDA by SimpleDocs
Butamax Unit Performance Test. Butamax will define and direct execution of one or more Butamax Unit Performance Test per the terms of Exhibit 3 which will be conducted at Butamax’s discretion. Highwater will review and execute the Butamax Unit Performance Test objectives, protocols and procedures. ***.
Sample 1

Related to Butamax Unit Performance Test

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • KEY PERFORMANCE INDICATORS (a) The Custodian and the Funds may from time to time agree to document the manner in which they expect to deliver and receive the services contemplated by this Agreement. The parties agree that any such key performance indicators (hereinafter referred to as “KPIs” or, individually as a “KPI”) shall be agreed upon in writing by the parties and shall be reflected in one or more schedules to this Agreement. The Custodian and the Funds acknowledge that any failure to perform in accordance with KPIs shall not in and of itself be considered a breach of contract that gives rise to contractual or other remedies provided that such failure may be a breach giving rise to contractual or other remedies if it is persistent and not remedied after consultation. Nothing in this Section 11 shall modify any party’s applicable standard of care under this Agreement; nor shall any meeting or discussion among the parties regarding KPIs be construed to prevent a party from pursuing any remedy otherwise available to it pursuant to this Agreement.

  • Performance Measure The number of Performance Shares earned at the end of the three-year Performance Period will vary depending on the degree to which cumulative adjusted earnings per share performance goals for the Performance Period, as established by the Committee, are met.

  • Annual Performance Bonus In the discretion of the Company's Compensation Committee, the Executive shall be eligible to receive an annual performance bonus payable in cash for each full or partial fiscal year of the Company during the Employment Period in accordance with the Company's performance-based bonus program for Executive Officers.

  • Performance Excused Continued performance of a Service may be suspended immediately to the extent caused by any event or condition beyond the reasonable control of the Party suspending such performance including, but not limited to, any act of God, fire, labor or trade disturbance, war, civil commotion, compliance in good faith with any law, unavailability of materials or other event or condition whether similar or dissimilar to the foregoing (each, a “Force Majeure Event”).

  • Performance Targets Threshold, target and maximum performance levels for each performance measure of the performance period are contained in Appendix B.

  • Performance Metrics The “Performance Metrics” for the Performance Period are: (i) the System Average Interruption Frequency Index (Major Events Excluded) (“XXXXX”); (ii) Arizona Public Service Company’s customer to employee improvement ratio; (iii) the OSHA rate (All Incident Injury Rate); (iv) nuclear capacity factor; and (v) coal capacity factor.

  • Sale of Products; Performance of Services (a) Each product, system, program, or other asset designed, developed, manufactured, assembled, sold, installed, repaired, licensed or otherwise made available by any of the Company or any of its subsidiaries to any person:

  • Performance Termination Commencing with the expiration of Fiscal Year 2014, in the event that Adjusted NOI does not equal or exceed the Performance Threshold, then the Tenant shall have the option to terminate this Agreement by providing a ninety (90) day written notice to the Management Company. To terminate this Agreement, Tenant must deliver written notice of such election to Management Company no later than sixty (60) days following Tenant’s receipt of the annual financial reports for such Fiscal Year.

  • Non-Performance No failure or delay in performance, whether in whole or in part, by either Gatherer or Shipper shall be deemed to be a breach hereof (other than the obligation to pay amounts when due under this Agreement) when such failure or delay is occasioned by or due to a Force Majeure Event.

Time is Money Join Law Insider Premium to draft better contracts faster.