Delay in Accomplishment of Work Obligations. If the RE DEVELOPER has fully expended its financial commitment in a given Contract Year to undertake the activities under the Work Program but some of the work obligations remain unaccomplished for justifiable reasons, the DEPARTMENT shall have no recourse against the performance bond or other guarantee, and the RE DEVELOPER shall not be required to post another bond or other guarantee for the remaining work obligations: Provided, That the budgetary estimate for the activities needed to accomplish such remaining work obligations shall form part of the financial commitment/budgetary estimate for the immediately succeeding Contract Year, and shall be accounted for in computing the amount of the performance bond or other guarantee for the immediately succeeding Contract Year under a revised Work Program: Provided, finally, That if the delay is not justifiable, the DEPARTMENT shall call the performance bond or other guarantee;
Appears in 3 contracts
Samples: Onshore Wind Energy Service Contract, Solar Energy Operating Contract, Ocean Energy Service Contract
Delay in Accomplishment of Work Obligations. If the RE DEVELOPER has fully expended its financial commitment in a given Contract Year to undertake the activities under the Work Program but some of the work obligations remain unaccomplished for justifiable reasons, the DEPARTMENT shall have no recourse against the performance bond or other guarantee, and the RE DEVELOPER shall not be required to post another bond or other guarantee for the remaining work obligations: ; Provided, That the budgetary estimate for the activities needed to accomplish such remaining work obligations shall form part of the financial commitment/budgetary estimate for the immediately succeeding Contract Year, and shall be accounted for in computing the amount of the performance bond or other guarantee for the immediately succeeding Contract Year under a revised Work Program: Provided, . Provided finally, That that if the delay is not justifiable, the DEPARTMENT shall call the performance bond or other guarantee;; and
Appears in 2 contracts
Samples: Waste to Energy Operating Contract, Biomass Energy Operating Contract
