Delivery Requirement. Promptly following the recordation of any Security Instrument or an Assignment, the Servicer shall deliver to the Custodian, unless otherwise directed in writing by the Master Servicer, such Security Instrument or Assignment bearing evidence of recordation or, if the original Security Instrument or Assignment is retained by the recording office, a certified copy of the original recorded Security Instrument or Assignment.
Delivery Requirement. The mandatory electricity delivery requirement applicable to performance under this Agreement, as described at Article III hereto.
Delivery Requirement. The Issuer shall submit a completed, executed and dated copy of the signature page hereto to the FDIC within five (5) business days of the date of the Issuer’s election to continue participating in the debt guarantee component of the Program in accordance with the delivery instructions set forth on the signature page.
Delivery Requirement. The District shall operate the System and deliver the Water Supplies to each Municipal Customer in accordance with the Operating Plan then in effect.
Delivery Requirement. If Provider fails to deliver at least seventy-five percent (75%) of the Expected Production over a continuous twenty-four (24) month period that begins after the second anniversary of the Commercial Operation Date, then within forty-five (45) days after the occurrence of such a 24-month period (a “Shortfall Period”), the Provider shall be obligated to pay liquidated damages to the Customer (“Shortfall Liquidated Damages”) in an amount equal to (Market Rate–– kWh Rate, each averaged over the Shortfall Period) multiplied by (Expected Production*75% – Actual Production over such Shortfall Period). Shortfall Periods may not overlap; if a Shortfall Period occurs, no subsequent Shortfall Period will begin earlier than the day after the prior Shortfall Period. In determining whether a Shortfall Period has occurred:
(a) Expected Production for any period shall be adjusted to account for lower than average annual expected insolation during such period of calculation;
(b) Expected Production for any period shall be adjusted to account for any Force Majeure event, system emergency, or transmission outage or curtailment of System production due to any requirements or action of a regional transmission organization or transmitting/interconnecting utility or conditions within Customer’s premises, including any actions taken under Section 6.08;
(c) The aggregate amount of Shortfall Liquidated Damages payable by Provider under this Agreement shall not exceed $250,000; and
(d) Each Party agrees that the damages that Customer would incur due to Provider’s failure to deliver at least seventy-five percent (75%) of the Expected Production in any Shortfall Period would be difficult or impossible to predict with certainty, and the Shortfall Liquidated Damages are an appropriate approximation of such damages and are the sole remedy available to Customer as the result of a breach of this Section 5.09.
Delivery Requirement. Each Holder covenants and agrees that it will comply with the plan of distribution set forth in the Prospectus and the prospectus delivery requirements of the Securities Act as applicable to it in connection with sales of Registrable Securities pursuant to a Registration Statement.
Delivery Requirement. The developer guarantees the system will produce at least 75% of its expected production in any two year period. • If the system does not produce the guaranteed minimum, the developer will pay the Town the difference between the guaranteed production and actual production, times the applicable electrical rate, capped over the term of the contract at $250,000.
Delivery Requirement. The Government required delivery is stated in Section B, Supplies or Services and Price/Costs and Section F, Time of Delivery. The delivery times offered shall meet or surpass the Governments delivery requirements, or if proposed delivery is longer than the Government required, submit explanation for why the Government required delivery cannot be met.
Delivery Requirement. The Authority shall operate the SNWS and deliver water to each SNWS Purveyor Member in accordance with the Operating Plan then in effect.
Delivery Requirement. The first article sample, in accordance with Section 7, shall be delivered to NSWC IHEODTD within 30 days of contract award. Delivery of material in follow-on material delivery orders will be requested by NSWC IHEODTD a minimum of 14 days in advance of the requested delivery date. All deliveries shall arrive at NSWC IHEODTD between the hours of 7 A.M. to 10 A.M., Monday through Thursday to allow for sufficient time for chemical testing and off-loading of the material.
