During the OPERATIONS PERIOD Sample Clauses

During the OPERATIONS PERIOD. Within the term granted to the DEVELOPER, which may not be less than 90 (ninety) BUSINESS DAYS, it shall proceed to make an inventory of the assets that comprise the SYSTEM at that moment, which it shall deliver to CEA, in coordination with the SUPERVISION and a representative of CEA. CEA shall pay to the DEVELOPER the expenses and investments carried out by the DEVELOPER or incurred and pending amortization, calculated based on the corresponding evidence submitted by the DEVELOPER, arising from the rendering of the services subject matter of this APP, which shall include the reimbursement to the DEVELOPER of the debt incurred by it (concepts not included in the T1). Likewise, CEA shall be liable for the damages and losses caused to the DEVELOPER by its breach. CEA shall continue paying the T1 tariff, in accordance with the provisions of EXHIBIT 13 “Adjustments to the amount of the CONSIDERATION” in addition to the amounts of the insurance and the costs of the ADMINISTRATION TRUST, in the understanding that such payments shall be made monthly during the remaining term and until the conclusion of the 444 (four hundred and forty four) months counted as from the APP EFFECTIVENESS COMMENCEMENT. In any event of rescission of the APP and regardless the applicable provisions of the LAPPEBC, the PARTIES agree that the procedure for the DELIVERY of the SYSTEM provided in EXHIBIT 17, as appropriate, shall be applicable.
Sample 1
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During the OPERATIONS PERIOD and for so long as the Unresolved Charges remain unresolved, at any times that the PPA Rate is in excess of the PPA Rate Floor (the “Excess Rate Amount”) Seller will provide an annual credit to Buyer (to be paid promptly after the end of each year of the Operations Period as described below) against amounts due under this Agreement in an amount equal to the Excess Rate Amount multiplied by the kWh of electricity delivered to Buyer and paid for by Buyer under this Agreement for the year of the Operations Period in question, such credit in no event to exceed the lesser of: (a) the Unresolved Charges paid by Buyer to the Local Electric Utility for the year in question; or (b) Fifty Thousand Dollars ($50,000) per year (the “Credit”). By way of illustration, the following examples are provided. First, assume that the Retail Rate for the Operations Period year in question is $0.1540. The corresponding Credit for the Operations Period year in question, regardless of the kWh of electricity delivered to Buyer and paid for by Buyer under this Agreement, would be $0 (because the PPA Rate is not in excess of the PPA Rate Floor). Second, assume that the Retail Rate for the Operations Period year in question is $0.1650 and assume that the kWh of electricity delivered to Buyer and paid for by Buyer under this Agreement was 440,000 kWh. The corresponding Credit for the Operations Period year in question would be $4,400 (0.165 - 0.155 = 0.01 x 440,000 = 4,400) (or such lesser amount as equals the Unresolved Charges paid by Buyer to the Local Electric Utility for the year in question). Third, assume that the Retail Rate for the Operations Period year in question is $0.1950 and assume that the kWh of electricity delivered to Buyer and paid for by Xxxxx under this Agreement was 1,000,000 kWh. The corresponding Credit for the Operations Period year in question would be $40,000 (0.195 - 0.155 = 0.04 x 1,000,000 = 40,000) (or such lesser amount as equals the Unresolved Charges paid by Buyer to the Local Electric Utility for the year in question). Fourth, assume that the Retail Rate for the Operations Period year in question is $0.1950 and assume that the kWh of electricity delivered to Buyer and paid for by Buyer under this Agreement was 2,000,000 kWh. The corresponding Credit for the Operations Period year in question would be $50,000 (0.195 - 0.155 = 0.04 x 2,000,000 = 80,000, noting that the Credit cannot exceed 50,000) (or such lesser amount as equals the Unresolved Charges ...
Sample 1

Related to During the OPERATIONS PERIOD

  • During the Term As compensation for services hereunder rendered during the Term hereof, Executive shall receive a base salary (“Base Salary”) of Five Hundred Thousand Dollars ($500,000) per year payable in equal installments in accordance with the Company’s payroll procedure for its salaried executives. Salary payments and other payments under this Agreement shall be subject to withholding of taxes and other appropriate and customary amounts. Executive may receive increases in his Base Salary from time to time, based upon his performance, subject to approval of the Company.

  • Transition Period Due to the nature of our purchasing process, the District often requires an existing service provider to continue to provide goods and/or services while the District is in the process of advertising, evaluating, and awarding a contract for the provision of the same goods and/or services in the future. To accommodate this process, the Contractor shall agree to maintain the same terms and conditions set forth in this Agreement for a period up to ninety (90) days after the automatic termination of this Agreement at the end of its term, if requested by the District, as a transition period. In addition, if the Contractor is not the successful bidder for a future solicitation for the same or similar services, he or she shall agree to provide the same goods and/or services provided in this Agreement for a period up to ninety (90) days to allow for an orderly transition to the new provider. The District and the Contractor may mutually agree to a longer transition period.

  • Consulting Period The Consulting Relationship will be deemed to have commenced on the Separation Date and will continue until October 15, 2023 unless the Consulting Relationship has already been terminated earlier pursuant to Section 3(g) below (the “Consulting Period”).

  • Continuous Operations Any employee or group of employees engaged in an operation for which there is regularly scheduled employment on a twenty-four (24) hour a day, seven (7) day a week basis shall be known as continuous operations employees.

  • Actions We May Take if You Engage in Any Restricted Activities If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect PayPal, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following: • Terminate this user agreement, limit your account, and/or close or suspend your account, immediately and without penalty to us; • Refuse to provide the PayPal services to you in the future; • At any time and without liability, suspend, limit or terminate your access to our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, your PayPal account or any of the PayPal services, including limiting your ability to pay or send money with any of the payment methods linked to your PayPal account, restricting your ability to send money or make withdrawals; • Hold your money to the extent and for so long as reasonably needed to protect against the risk of liability. You acknowledge that, as a non-exhaustive guide: • PayPal’s risk of liability in respect of card-funded payments that you receive can last until the risk of a chargeback closing in favour of the payer/buyer (as determined by card scheme rules) has passed. This depends on certain factors, including, without limitation:

  • Continuous Operation The work week shall provide for continuous operation based on a seven (7) day week, twenty-four (24) hours per day.

  • Partial Disposal During Term of Service Agreement Throughout the Term of the Service Agreement, LEA may request partial disposal of Student Data obtained under the Service Agreement that is no longer needed. Partial disposal of data shall be subject to LEA’s request to transfer data to a separate account, pursuant to Article II, section 3, above.

  • Interim Period During the Interim Period, the Seller shall cause the Company to be managed in accordance with its ordinary course of business, in accordance with Applicable Law and with past practice, so as to ensure that no act or event depending on the Company shall occur during such Interim Period which would be reasonably expected to result in a breach of the provisions of this Agreement upon their occurring prior to Closing, without prejudice and save for any transaction to be entered into or any action to be carried out pursuant to this Agreement. Unless a prior written consent is given to the Seller by the Purchaser, which consent shall not be unreasonably withheld, save for any transaction to be entered into or any action to be carried out pursuant to this Agreement, without prejudice to any different provision under this Agreement, the Seller shall procure that: (a) the Company does not issue any shares, warrants, convertible or exchangeable bonds, financial instruments or other securities or any rights relating thereto or otherwise approve or make any change in its capital structure; (b) no dividends or reserves will be declared or paid by the Company, except for an amount equal to Euro 575.000,00 (five hundred seventy-five thousand/00), pursuant to Paragraph 4.2 above; (c) except for the possible extension of the current temporary lease agreement, the Company does not sell, transfer, pledge, mortgage, lease or otherwise dispose of any assets or properties (other than inventory, products and systems sold to customers in the ordinary course of business); (d) the Company does not hire any personnel, with the exception of the hiring of personnel (a) whose hiring is in progress as of the date of this Agreement or (b) required to replace terminated employees; (e) the Company does not amend the employment agreements, collective bargaining agreements or other collective labour agreements or conventions applicable to the Company’s employees’, increase the compensation payable to the employees and the directors of the Company or grant any of them additional personal benefits, bonuses or indemnities, other than increases or benefits, bonuses or indemnities mandated by Applicable Law or by collective bargaining agreements; (f) the Company does not merge, demerge or consolidate with other companies and do not amend in any way whatsoever the by-laws; (g) the Company does not enter into any loan or other form of financing or financial facility and/or incur, assume or modify the existing indebtedness of the Company ; (h) the Company does not carry out or implement any material change in the treasury management and/or contractual payment terms to suppliers and/or by customers (including by applying discounts not in the ordinary course of business), except for any change which is more favourable to the Company; (i) the Company does not enter into factoring agreements and/or financial leases agreements; (j) the Company does not enter into any legally binding commitment with respect to any of the foregoing.

  • ENGAGEMENT TERM The Placement Agent’s engagement hereunder will be until the earlier of (i) sixty (60) days and (ii) the Closing Date. The date of termination of this Agreement is referred to herein as the “Termination Date.” In the event, however, in the course of the Placement Agent’s performance of due diligence it deems it necessary to terminate the engagement with respect to itself, such Placement Agent may do so prior to the Termination Date. The Company may elect to terminate the engagement hereunder for any reason prior to the Termination Date but will remain responsible for fees and expenses pursuant to Section 3 hereof and fees with respect to the Securities if sold in the Placement. Notwithstanding anything to the contrary contained herein, the provisions concerning the Company’s obligation to pay any fees actually earned pursuant to Section 3 hereof, to pay expenses pursuant to Section 3 hereof, and the provisions concerning confidentiality, indemnification and contribution, and no fiduciary relationship and governing law (including the waiver of the right to trial by jury) contained herein will survive any expiration or termination of this Agreement. If this Agreement is terminated prior to the completion of the Placement, all fees and expenses due to the Placement Agent shall be paid by the Company to the Placement Agent on or before the Termination Date (in the event such fees are earned or owed as of the Termination Date). The Placement Agent agrees not to use any confidential information concerning the Company provided to such Placement Agent by the Company for any purposes other than those contemplated under this Agreement.

  • Termination Period This Option shall be exercisable for three (3) months after Participant ceases to be a Service Provider, unless such termination is due to Participant’s death or Disability, in which case this Option shall be exercisable for twelve (12) months after Participant ceases to be a Service Provider. Notwithstanding the foregoing sentence, in no event may this Option be exercised after the Term/Expiration Date as provided above and this Option may be subject to earlier termination as provided in Section 13 of the Plan.

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