Common use of Court Action or Other Legal Processes Clause in Contracts

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. THIS GUARANTY is dated and effective as of __________________ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________, a _____________ organized under the laws of the _________________ (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. THIS GUARANTY is dated and effective as of __________________ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________, a _____________ organized under the laws of the _________________ (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) . With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. SELLER’S INDUSTRY GROWTH ACTIVITY COMMITMENTS THIS GUARANTY is dated and effective as of __________________ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________, a _____________ organized under the laws of the _________________ (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. EXHIBIT D FORM OF GUARANTY THIS GUARANTY is dated and effective as of __________________ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________, a _____________ organized under the laws of the _________________ (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. EXHIBIT D FORM OF GUARANTY THIS GUARANTY is dated and effective as of __________________ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________, a _____________ organized under the laws of the _________________ , having a principal business address of (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. NYSERDA and Guarantor are each referred to herein as a “Party” and are collectively referred to herein as the “Parties.” All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the AgreementAgreement (defined below).

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. THIS GUARANTY is dated and effective as of __________________ _ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________ _, a _____________ organized under the laws of the _________________ _ (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.

Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. (b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. EXHIBIT D FORM OF GUARANTY THIS GUARANTY is dated and effective as of __________________ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________, a _____________ organized under the laws of the _________________ (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx 17 Colxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. All Xxx capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.