Energy and Cost Savings Guarantee Sample Clauses

Energy and Cost Savings Guarantee. Contractor has formulated and, subject to the adjustments provided for in Sections 28, 29 and 30 (Material Changes), has guaranteed the annual level of energy and water cost savings to be achieved as a result of the installation and operation of the Equipment and provision of services provided for in this Contract in accordance with the methods of savings measurement and verification as set forth in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements). The Energy and Cost Savings Guarantee is set forth in annual increments for the term of the Contract as specified in Schedule A (Savings Guarantee) and has been structured by the Contractor to be sufficient to cover any and all annual payments required to be made by the Agency as set forth in Schedule J (Compensation to Contractor for Annual Services) and Schedule I (Financing Agreement and Payment Schedule).
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Energy and Cost Savings Guarantee. Section 3.1: This section establishes the term of the Energy and Cost Savings Guarantee to be on an annual basis and structured to cover any and all annual payments (debt service/lease payment and on-going ESCO fees) to be made by the Institution. It ensures that the ESCOs’ savings guarantee will at least cover annual project lease-purchase costs (principal and interest) and all annual ESCO service fees for maintenance. ESCO has formulated and, subject to the adjustments provided for in ARTICLE 15 (Material Changes), has guaranteed the annual level of energy and water cost savings to be achieved as a result of the installation and operation of the Equipment and provision of services provided for in this Contract in accordance with the methods of savings measurement and verification as set forth in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements). The Energy and Cost Savings Guarantee is set forth in annual increments for the term of the Contract as specified in Schedule A (Savings Guarantee) and has been structured by the ESCO to be sufficient to cover any and all annual payments required to be made by the Institution as set forth in Schedule J (Compensation to ESCO for Annual Services) and Schedule I (Financing Agreement and Payment Schedule).
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Energy and Cost Savings Guarantee. Contractor has formulated and, subject to the adjustments provided for in Sections 28, 29 and 30 (Material Changes), has guaranteed the annual level of energy cost savings to be achieved as a result of the installation and operation of the Equipment and provision of services provided for in this Contract in accordance with the methods of savings measurement and verification as set forth in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements). The Energy and Cost Savings Guarantee is set forth in annual increments for the term of the Contract beginning on the Commencement Date as specified in Schedule A (Savings Guarantee) and has been structured by the Contractor to be sufficient to cover any and all annual payments required to be made by the Agency as set forth in Schedule J (Compensation to Contractor for Annual Services), Schedule I (Financing Agreement and Payment Schedule) and necessary to procure the guarantee and all payment and performance bonds. The Energy and Cost Savings Guarantee is subject to Agency performing its maintenance and other obligations under this Agreement.
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Energy and Cost Savings Guarantee. Subsequent to the Performance Commencement Date and throughout the Term of this Agreement, ESCO hereby guarantees the level of Annual Energy and Cost Savings as detailed in Schedule C (Energy and Cost Savings Guarantee) <Note: include option to forfeit guarantee and reduce associated cost>. The guarantee shall remain in effect for at least the first <three years> of the performance period. The guarantee shall be optional for Customer each year hereafter, however the annual cost savings shall meet or exceed the annual payments by the Customer to lease the Equipment each year for the duration of the contract term. This guarantee is achieved as a result of the installation and operation of the Equipment and provision of services provided for in this Agreement as specified in Schedule D (ESCO's Monitoring, Maintenance and Service Agreement) and in accordance with the Savings Calculation Formula as set forth in Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline). This Energy and Cost Savings Guarantee is subject to the satisfactory performance by Customer of all its obligations under this Agreement including, without limitation, adjustment in accordance with Section 19 (Material Changes) hereunder. In the event this Agreement is terminated due to an uncured Event of Default by Customer, this Energy and Cost Savings Guarantee shall be cancelled. ESCO has structured the Energy and Cost Savings Guarantee to be sufficient to exceed any and all annual payments required by the Customer in connection with the acquisition of Equipment to be installed by ESCO under this Contract and the Customer’s lease financing obligations. Actual energy and operations savings achieved by ESCO through the operation of Equipment and performance of services by ESCO shall be sufficient to cover any and all annual fees to be paid by Customer to ESCO for the provision of services as set forth and in accordance with the provisions of Schedule D (ESCO Monitoring, Maintenance and Service Agreement) and Schedule O (Annual Instalment Payment Schedule).
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Energy and Cost Savings Guarantee. The guarantee that is achieved as a result of the installation and operation of the Equipment and provision of services provided for in this Contract as specified in Schedule C Part 3 Compensation to ESP for Annual Services and in accordance with the Savings Calculation Formula as set forth in Schedule B Measurement and Verification Plan and Reporting Requirements. Equipment: The goods enumerated on Schedule D Part 3 Equipment to be Installed by ESP that is now or hereafter from time to time become attached hereto and incorporated herein by reference, together and with any and all additions, modifications, attachments, replacements and parts thereof. Event of Default: Those events described in Article 20 Events of Default.
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Energy and Cost Savings Guarantee. The guarantee that is achieved as a result of the installation and operation of the Equipment and provision of services provided for in this Contract as specified in Schedule J (Compensation to ESCO for Annual Service) and in accordance with the Savings Calculation Formula as set forth in Schedule C (Savings Measurement and Verification Plan; Post-Retrofit M&V Plan; Annual M&V Reporting Requirements). Equipment: The goods enumerated on Schedule R (Equipment to be Installed by ESCO) that is now or hereafter from time to time become attached hereto and incorporated herein by reference, together and with any and all additions, modifications, attachments, replacements and parts thereof. Event of Default: Those events described in Section 20 (Events of Default) hereof. Interim Period: The period from contract execution until the Commencement Date.
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Related to Energy and Cost Savings Guarantee

  • Guaranteed Energy Production (A) Throughout the Delivery Term, Seller shall be required to provide to Buyer an amount of Delivered Energy plus Deemed Delivered Energy, if any, no less than the Guaranteed Energy Production over two (2) consecutive Contract Years during the Delivery Term (“Performance Measurement Period”). “

  • Performance Guarantee 9.4.1 The Concessionaire shall, for the performance of its obligations hereunder during the Concession Period, provide to the Authority no later than [90] days prior to expiry of the Performance Security, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)7 in the form set forth in Schedule-FF (the “Performance Guarantee”). Until such time the Performance Guarantee is provided by the Concessionaire pursuant hereto and the same comes into effect, notwithstanding anything contained in clause 9.3 the Performance Security shall remain in force and effect, and upon such provision of the Performance Guarantee pursuant hereto, the Authority shall release the Performance Security to the Concessionaire.

  • The Guarantee Each Guarantor hereby jointly and severally with the other Guarantors guarantees, as a primary obligor and not merely as a surety to each Secured Party and their respective permitted successors and assigns, the prompt payment in full when due (whether at stated maturity, by required prepayment, declaration, demand, by acceleration or otherwise) of the principal of and interest (including any interest, fees, costs or charges that would accrue but for the provisions of (i) the Title 11 of the United States Code after any bankruptcy or insolvency petition under Title 11 of the United States Code and (ii) any other Debtor Relief Laws) on the Loans made by the Lenders to, and the Notes held by each Lender of, the Borrower, and all other Secured Obligations from time to time owing to the Secured Parties by any Loan Party or any Subsidiary under any Loan Document or any Secured Hedge Agreement or any Treasury Services Agreement, in each case strictly in accordance with the terms thereof (such obligations, including any future increases in the amount thereof, being herein collectively called the “Guaranteed Obligations”); provided, however, that Guaranteed Obligations shall exclude all Excluded Swap Obligations. The Guarantors hereby jointly and severally agree that if the Borrower or other Guarantor(s) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Guarantors will promptly pay the same in cash, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

  • Service Guarantee 8.1. All pesticides used by Prokill are approved under the Control of Pesticides Regulations and have been assessed for any hazard under C.O.S.H.H. (Information on request). You are covered by our Unique Service Promise, which means if we do not deliver the minimum contracted annual visits, we {Ref: YCM/00251276-3} will refund 100% of that years’ Service Agreement subject to payment terms being met.

  • Weekly Guarantee Apprentices must be employed a minimum of forty (40) hours per week.

  • The Service Guarantee Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the Section 2 of the Bill Payment Terms (Payment Scheduling).

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • Continuing Guarantee This guarantee is a continuing guarantee and will extend to the ultimate balance of sums payable by any Obligor under the Finance Documents, regardless of any intermediate payment or discharge in whole or in part.

  • Payment Guarantee 20.1 On Contracts where one hundred (100%) percent performance bonds and payment bonds are executed, this Article 20 does not apply.

  • Financial Guarantee 30.1 By derogation from article 30 of the General Conditions, no pre-financing guarantee is required.

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