Conditions - Mascoma’s obligations Sample Clauses

Conditions - Mascoma’s obligations relating to the Performance Guarantee(s) will remain in effect only if the following conditions are satisfied: a. The construction of the Plant, and the equipment and materials (such as enzymes, yeast, chemicals, and feedstocks) used in the Plant, conform to the engineering design package provided by Mascoma to Owner (“Engineering Design Specifications”) and to any reasonable comments made in writing by Mascoma to Owner after the delivery of the Engineering Design Specifications. b. Yeast and enzymes are manufactured in or otherwise supplied to the Plant according to procedures provided by Mascoma or reasonable procedure modifications approved by Mascoma. c. The Plant is started up, operated, shutdown, maintained during shutdown, and re-started after shutdown according to Mascoma’s reasonable instructions. d. Owner furnishes the materials, services (such as laboratory, operating and maintenance services), and utilities which are reasonably required to prepare for and to conduct the Performance Tests. PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. e. Owner allows the Mascoma Technical Advisors to be present prior to and during the Performance Tests, and to have full access to the Plant and to any records of construction and operation which are reasonably required to prepare for and to monitor the Performance Tests. f. The Performance Tests are conducted according to the reasonable instructions of the Mascoma Technical Advisors. g. The charge stock charged to the Plant meets the definition of Wood Feed Stock in Attachment I of this Exhibit 2.3(e). If the Wood Feed Stock charged to the Plant does not meet the definition of “Wood Feed Stock” then Mascoma will revise the yield estimate guarantee calculation. If the average charge stock charged to the Plant during a Product Test does not meet the definition of “Wood Feed Stock”, then Mascoma shall re-estimate new guarantee values by adjusting linearly with combined glucan and xylan content of the actual average charge stock charged to the Plant during the Product Test, so long as the feedstock is hardwood. Mascoma shall provide the re-calculated guarantee values for the Plant, and a Product Test shall be evaluated against such re-calculated values.
Sample 1
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Related to Conditions - Mascoma’s obligations

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  • Conditions of the Company’s Obligations at Closing The obligations of the Company to each Investor under this Agreement are subject to the fulfillment on or before the Closing of each of the following conditions by that Investor:

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  • Developer’s Obligations 7.1.1 In consideration of the Rights hereby granted, the Developer shall pay to the Authority an annual fee of Rs. /- (Rupees only) (“Fee”) commencing from the 1st (first) anniversary of Appointed Date. The Fee is exclusive of GST and all other applicable taxes and shall be payable by the Developer at actual over and above the Fee. The Fee is payable to the Authority on or before 30 (thirty) days prior to the start of every year in advance as set out in Schedule 1 throughout the Agreement Period. During the Agreement Period the Fee shall be increased by 5% (five percent) every year over the previous year’s Fee on compounded basis. 7.1.2 The Developer should pay the Fee to the Authority notwithstanding the fact that, the development of Project Facilities is not completed within the specified period or Developer does not start the commercial operation of the Project. In other words, the Developer shall not be entitled to seek any reduction of Fee, claim, damages, compensation or any other consideration from the Authority on account of any reason. 7.1.3 Any delay in payment of the Fee shall attract an interest for the delayed period at the rate of SBI PLR plus 5% per annum on the outstanding amount, which shall be due from the date of such payment till the amount is realized by the Authority. In addition to the foregoing, any delay in payment of Fee beyond a period of 60 (sixty) days from the due date of such payment will be construed to be Material Breach under this Agreement.

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