Delay in Commercial Operations Sample Clauses

Delay in Commercial Operations. If the Commercial Operations Date has not occurred by the Required Commercial Operations Date (as such date may have been extended as a consequence of a Force Majeure Event), the Company shall pay BPDB, Monthly in arrears until the Commercial Operations Date, as liquidated damages for delays in Commissioning of the Facility, an amount equal to the product of (a) $100.00 and (b) the Contracted Facility Capacity in MW for each Day (or any fraction thereof) of delay of the Commercial Operations Date beyond the Required Commercial Operations Date. In no event shall the total amount of damages assessed under this Section 8.1 exceed twelve (12) Months of liquidated delay damages.
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Delay in Commercial Operations. Hydrogen shall be available for supply to Sunoco from the BOC Facility at substantially the quantities and specifications set forth in this Agreement on February 1, 2006, as such date may be extended by any Force Majeure Event and delays caused by Sunoco’s failure to (a) prepare and deliver the site of the BOC Facility Premises by the site preparation dates set forth on Schedule 2.3 and in the manner set forth in the Construction Agreement and Lease Agreement and/or (b) Sunoco’s failure to deliver the Feedstock and Utilities at the times and in the quantities and meeting the specifications set forth in this Agreement and/or (c) accept Steam and/or Hydrogen at the times and in the amount set forth in this Agreement (such date, as extended hereunder, the “Commercial Operations Date”); provided that, in no event can the Commercial Operations Date start on any day during Phase V.
Delay in Commercial Operations. In the event (a) the Ammonia Plant is not 100% converted to using coal as a feedstock instead of natural gas and (b) the Ammonia Plant has not commenced commercial operations, in each case of (a) and (b) by March 31, 2008 (subject to extension for each day of delay due to force majeure (defined as acts of God, acts of war, acts of terrorism, accidental property damage and labor strikes) provided the Company is diligently working to meet the conditions specified in (a) and (b)), the Exercise Price existing immediately prior to such default shall, on April 1, 2008 be reduced to 50% of the Exercise Price in effect immediately prior thereto.
Delay in Commercial Operations. If the Commercial Operations Date has not occurred by the Required Commercial Operations Date (as such date may have been extended as a consequence of a Force Majeure Event or Political Event or Change in Law in accordance with the terms of this Agreement and Implementation Agreement), the Company shall pay BPDB, Monthly in arrears until the Commercial Operations Date, as liquidated damages for delays in Commissioning of the Facility, an amount equal to the product of (a) $50.00 and (b) the Contracted Capacity in MW for each Day (or any fraction thereof) of delay of the Commercial Operations Date beyond the Required Commercial Operations Date. In no event shall the total amount of damages assessed under this Section 8.1 exceed twelve (12) Months of liquidated delay damages.
Delay in Commercial Operations. (i) If the Simple Cycle Commercial Operations Date has not occurred by the Required Simple Cycle Commercial Operations Date (as such date may have been extended as a consequence of a Force Majeure Event), the Company shall pay BPDB, Monthly in arrears until the Simple Cycle Commercial Operations Date, as liquidated damages for delays in Commissioning as a Simple Cycle Unit, an amount equal to the product of (a) $50.00 and (b) the Contracted Simple Cycle Capacity in MW for each Day (or any fraction thereof) of delay of the Simple Cycle Commercial Operations Date beyond the Required Simple Cycle Commercial Operations Date. In no event shall the total amount of damages assessed under this Section 8.1 exceed twelve (12) Months of liquidated delay damages.

Related to Delay in Commercial Operations

  • Commercial Diligence Upon execution of this Agreement, Licensee shall diligently proceed with Commercially Diligent Efforts to develop, manufacture, practice, sell and use the Licensed Products in order to make them readily available to the general public as soon as possible on commercially reasonable terms. Licensee shall continue active, diligent Commercially Diligent Efforts for one or more Licensed Product(s) throughout the term of this Agreement (“Actively Commercializing”). In addition, Licensee shall perform at least the following obligations as part of its due diligence activities hereunder:

  • Development Diligence Novartis shall dedicate commercially reasonable efforts, during each [**] month period, necessary to continue the advancement of Licensed Compounds and Licensed Products with respect to at least one Profile towards the next clinical Development milestone or approval milestone, as described in Sections 7.4.2 or 7.4.3, respectively. If Novartis (itself or through its Affiliates or sublicensees) fails to dedicate commercially reasonable efforts, during any [**] month period, necessary to continue the advancement of Licensed Compounds and Licensed Products with respect to at least one Profile towards such next milestone, then any dispute regarding Novartis’ failure of development diligence with respect to such Profile shall be resolved in accordance with Article 13.

  • Clinical Development Licensee will have sole responsibility for and sole decision making over the clinical development of any Product arising from the Research Program in the Field. Notwithstanding the foregoing, if Licensee wishes to conduct clinical development of a Development Candidate at Penn and Penn has the clinical expertise, interest and ability to run such a trial as assessed at Penn’s sole discretion, such a study will be conducted under a separate Clinical Trial Agreement to be negotiated by the Parties prior to initiation of such study. Such separate clinical trial agreement will include a detailed clinical development plan, including costs and time lines for conducting the Clinical Trial.

  • Development and Regulatory Milestones With respect to each of the following milestones, Ikaria shall pay BioLineRx the corresponding payment set forth below within [**] days after the achievement by Ikaria, its Affiliates or Licensees of such milestone: MILESTONE PAYMENT

  • Commercial Milestones In partial consideration of the rights granted by AstraZeneca to Licensee hereunder, Licensee shall pay to AstraZeneca the following payments, which shall be non-refundable, non-creditable and fully earned upon the first achievement of the applicable milestone event:

  • Substantial Completion “Substantial Completion” means the stage in the progress of the Work when the Work, or designated portions thereof, may still require minor modifications or adjustments but, in the Owner’s opinion, the Work has progressed to the point such that all parts of the Work under consideration are fully operational and usable for intended purposes, as evidenced by a Certificate of Substantial Completion approved by the Owner. If a Certificate of Occupancy is required by public authorities having jurisdiction over the Work, said certificate shall be issued before the Work or any portion thereof is considered substantially complete. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall notify Owner’s Designated Representative (sometimes referred to as the “ODR”) and request a determination as to whether the Work or designated portion thereof is substantially complete. If the ODR does not consider the Work substantially complete, the ODR will notify the Contractor giving reasons therefore. Failure on the Owner’s part to list a reason does not alter the responsibility of the Contractor to complete all Work in accordance with the terms of this Agreement. After satisfactorily completing items identified by Owner’s Designated Representative, the Contractor shall then submit another request for the ODR to determine Substantial Completion. If The ODR considers the Work substantially complete, The ODR will prepare and deliver a certificate of Substantial Completion which shall establish the date of Substantial Completion, shall include a punch list of items to be completed or corrected before final completion and final payment, shall establish the time within which the Contractor shall finish the punch list, and shall establish responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, damage to the Work, warranty and insurance. Failure to include an item on the punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the terms and conditions of this Agreement. The certificate of Substantial Completion shall be signed by the Owner and the Contractor to evidence acceptance of the responsibilities assigned to them in such certificate. Substantial Completion (as defined in this agreement) for all stages of the Work shall be achieved on or before the following Substantial Completion date: DATE FOR SUBSTANTIAL COMPLETION: TBD Under no circumstances will the time for Substantial Completion exceed this date without a written amendment to this Agreement. THE TIMES SET FORTH IN THE CONSTRUCTION DOCUMENTS ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THIS AGREEMENT.

  • Initial Development Plan Not later than the Effective Date, Licensee shall have provided Merck with an initial Development plan for the Licensed Product in the Field in the Territory, which shall be incorporated as part of this Agreement as Attachment 3.02(a) (as may be amended in accordance with this Agreement, the “Development Plan”). **CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST.

  • Condominiums/Planned Unit Developments If the Mortgaged Property is a condominium unit or a planned unit development (other than a de minimis planned unit development) such condominium or planned unit development project such Mortgage Loan was originated in accordance with, and the Mortgaged Property meets the guidelines set forth in the Originator's Underwriting Guidelines;

  • Commercialization Diligence Novartis shall dedicate commercially reasonable efforts, during each [**] month period, necessary to commercialize a Licensed Product for a Profile, after receipt of Regulatory Approval therefor, in any of the U.S., Japan or the EU Major Market Countries. If Novartis commercializes a Licensed Product for a Profile, after receipt of Regulatory Approval therefor, in any of the U.S., Japan or the EU Major Market Countries, Novartis will be deemed to satisfy all diligence obligations with respect to such Profile.

  • Continuous Improvement 3.1 The Supplier shall adopt a policy of continuous improvement in relation to the Services pursuant to which it will regularly review with the Authority the Services and the manner in which it is providing the Services with a view to reducing the Authority's costs (including the Framework Prices), the costs of Contracting Bodies and/or improving the quality and efficiency of the Services. The Supplier and the Authority will provide to each other any information which may be relevant to assisting the objectives of continuous improvement and in particular reducing costs.

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