Failure to Achieve Completion Sample Clauses

Failure to Achieve Completion. The Project shall fail to achieve Mechanical Completion by the Mechanical Completion Longstop Date or Economic Completion by the Economic Completion Longstop Date; or
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Failure to Achieve Completion. The Fort Xxxx Physical Completion Date shall not have occurred on or prior to March 31, 1997 or the Fort Xxxx Economic Completion Date shall not have occurred on or prior to January 31, 1998.
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Failure to Achieve Completion. (a) In the event that any Completion Target is not achieved on or prior to the relevant date for achievement thereof provided for in Section 4.2(a), then Supplier shall pay to Wheaton, in cash, the amount, if any, determined pursuant to the following formula (the “Value Adjustment”): where: Oz2E = aggregate ounces of palladium and platinum contained in concentrate produced by the Stillwater Mill from Minerals mined, produced, extracted or otherwise recovered or derived from the Blitz Properties during the Completion Period, measured in ounces (subject to a maximum of 300,000 ounces); and OzAu = aggregate ounces of gold that is equivalent to the number of ounces of palladium and platinum contained in Oz2E multiplied by 0.0153 (or such other ratio as may be agreed between the Parties, using actual mining data derived from the date of this Agreement to May 1, 2022), measured in ounces (subject to a maximum of 5,000 ounces); provided that, notwithstanding the foregoing, if both (i) Oz2E exceeds 270,000 ounces, and (ii) OzAu exceeds 4,500 ounces, then Completion will be deemed to have been achieved and no Value Adjustment will be payable. For purposes of the foregoing formula, production from the Stillwater Mill will be measured over the nineteen (19) month period from June 1, 2022 through December 31, 2023, and the period of six (6) consecutive calendar months in which palladium and platinum contained in concentrate produced by the Stillwater Mill from Minerals mined, produced, extracted or otherwise recovered or derived from the Blitz Properties was the highest during such nineteen (19) month period, annualized as if such level of production were maintained over twelve (12) months, will be deemed to constitute the “Completion Period”. Supplier shall deliver or cause to be delivered to Wheaton a certificate signed by a director or senior officer of the Project Owner certifying: (i) the six month period constituting the Completion Period; (ii) the production of palladium and platinum contained in concentrate produced by the Stillwater Mill from Minerals mined, produced, extracted or otherwise recovered or derived from the Blitz Properties during each month of such six month period; (ii) the Value Adjustment calculation; and (iii) copies or extracts from the Books and Records supporting such production and calculation. (b) The Value Adjustment shall be paid by Supplier as follows: (i) if either Completion Target No. 2 has not been achieved on or prior to [***], ...
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Failure to Achieve Completion. The Borrower shall have failed to achieve Completion by the Limit Completion Date;
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Related to Failure to Achieve Completion

  • Satisfactory Completion of Due Diligence The Company and the Shareholders shall have completed their legal, accounting and business due diligence of the Parent and the results thereof shall be satisfactory to the Company and the Shareholders in their sole and absolute discretion.

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Substantial Completion 9.8.1 When the Contractor considers that the Work, or a designated portion thereof which has been accepted in writing to by the State, is substantially complete as defined in Subparagraph

  • Failure to Complete If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project will be the City’s property. The City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner the City deems appropriate.

  • Project Completion The Contractor agrees to schedule a final job walk with the County. If required, the County will prepare a list of incomplete items, the “Punch List”. The Contractor agrees to complete the “Punch List” corrections and schedule a final project completion job walk. The County will sign the “Punch List” as completed when determined, the project is finished. The Contractor agrees to submit the following along with its final payment request:

  • Failure to Produce In the event the Buyer fails to produce the aforementioned letter or other acceptable verification by the date above in Section IV(c), this Agreement may be terminated at the election of the Seller with written notice provided to the Buyer within calendar days from the date in Section IV(c);

  • Completion of Due Diligence Each Purchaser shall have completed its legal, business and financial due diligence of the Company to its full satisfaction and shall be fully satisfied with the results thereof.

  • Phase 2 Phase 2 is expected to consist of Member Nodes and a select number of Nodes operated by non-Members. The non-Member Nodes will be required to comply with Node hosting terms as set forth by the Council, which may be amended from time to time (the “General Node Terms”).

  • Project/Milestones Taxpayer provides refrigerated warehousing and logistic distribution services to clients throughout the United States. In consideration for the Credit, Taxpayer agrees to invest in a new refrigeration and distribution facility in the XxXxxxxxx Park area of Sacramento, California, and hire full-time employees (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit A (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of full-time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the full-time employees hired within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by Taxpayer for the entire taxable year shall be annualized. In addition, the salary of any full-time employee hired to fill a vacated position in which a full-time employee was employed during Taxpayer’s Base Year shall be disregarded.

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