Developer Self-Performance Sample Clauses

Developer Self-Performance. 5.6.1 TxDOT acknowledges that Developer is interested in developing Facilities pursuant to negotiated concession Facility Agreements, or having its Affiliates perform such work, and that Developer's performance of the Initial Scope of Work and preparation of Facility Implementation Plans is motivated, in part, by the potential opportunity to perform such work. TxDOT believes that it may receive certain advantages and benefits from the development of Facilities through concession agreements by Developer or its Affiliates and from the performance of such work by 5.6.2 Developer and TxDOT shall meet during the preparation and updating of the Master Development Plan to discuss Developer’s and/or its Affiliate’s capacity for self-performance of a concession Facility, and to identify one or more Facility(ies) that would be suitable for development through a concession Facility Agreement with Developer and/or its Affiliates under the appropriate conditions. The Master Development Plan shall identify one or more Facilities that may be the subject of negotiated concession Facility Agreements, and any other Facilities TxDOT identifies in its sole discretion that may be the subject of negotiated Facility Agreements, as well as certain terms and conditions relating to self-performed and subcontracted work that will be included in the Facility Agreement(s). 5.6.3 Subject to this Section 5.6.3 and Section 5.6.5, Developer shall have a right of first negotiation with respect to (1) any Facility(ies) identified for development through concession agreements and (2) for any other Facility(ies) TxDOT identifies in its sole discretion as suitable for self-performance as described in Section 5.6.2. 5.6.4 Upon TxDOT’s approval of a Facility Implementation Plan submitted in accordance with Section 7.5 for a Facility identified in the Master Development Plan for self-performance, TxDOT and Developer or an Affiliate, as applicable, shall commence diligent, good faith negotiations in an attempt to reach agreement on the terms of a Facility Agreement for such Facility. Execution of any Facility Agreement resulting from such negotiations shall be subject to satisfaction of the conditions set forth in Section
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Related to Developer Self-Performance

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • PERIOD OF PERFORMANCE The period of performance for this contract begins , and ends .

  • Work Performance Xxxxxx agrees that all Services performed hereunder shall be performed on a best effort basis by employees, students, faculty, graduate assistants and staff having an appropriate experience and skill level and in compliance with the statement of work.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

  • Excuse of Performance Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Standard of Performance Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

  • Standards of Performance Provider must perform all Services required of it under this Agreement with that degree of skill, care, and diligence normally shown by a Provider performing services of a scope, purpose, and magnitude comparable with the nature of the Services to be provided under this Agreement. Provider acknowledges that, if in the course of providing Services hereunder, it is entrusted with or has access to valuable and confidential information and records of the Board, Provider agrees to be held to the standard of care of a fiduciary with respect to that information. Any review, approval, acceptance of Services or deliverables, or payment by the Board for any Services does not relieve Provider of its responsibility for the professional skill and care and technical accuracy of its Services and deliverables. This provision in no way limits the Board’s rights against Provider under this Agreement, at law or in equity. When and where applicable, all members of Provider’s staff must hold and maintain throughout the Term and any Renewal Term, valid certificates and/or licenses from the State of Illinois or such other relevant jurisdiction that authorize those individuals to perform the Services. Provider agrees to promptly furnish a copy of the license(s) of any and all direct service providers to the Board on request. Throughout the Term and any Renewal Term, Provider must maintain and use sufficient staff to assure the effective and efficient operation of its programs. Provider must cause its staff to devote such time, attention, skill, knowledge, and professional ability as necessary to effectively and efficiently fulfill Provider’s obligations under this Agreement.

  • Continuing Performance (a) The obligations under this Agreement continue until satisfied in full and do not merge with any action performed or document executed by any Party for the purposes of performance of this Agreement. (b) Any representation in this Agreement survives the execution of any document for the purposes of, and continues after, performance of this Agreement. (c) Any indemnity given by any Party under this Agreement: (i) constitutes a liability of that Party separate and independent from any other liability of that Party under this Agreement or any other agreement; and (ii) survives and continues after performance of this Agreement.

  • Failure of Performance (Art. 44)

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