Failure to Achieve Design-Build Period MBE and CBB Participation Sample Clauses

Failure to Achieve Design-Build Period MBE and CBB Participation. No later than ten (10) Business Days prior to the Project Readiness Date, Developer shall provide PGCPS with a written assessment identifying (a) whether Developer will meet the Design-Build Period MBE and CBB Participation (for both the MBE and CBB components) prior to the completion of the Design-Build Period, (b) the amount of design and construction expenditures (excluding (i) financing, financing costs, interest on financing, and related fees, (ii) insurance costs, and (iii) mobilization payments made to the Services Provider during the Design-Build Period) during the Design-Build Period to date, (c) a reasonable estimate of expenditures to be made during the remainder of the Design-Build Period by Xxxxxxxxx, and (d) the amount of such funds actually or reasonably expected to be disbursed to MBE and CBB companies to perform Commercially Useful Functions through the remainder of the Design-Build Period. To the extent Developer’s good faith assessment projects that Developer will fail to meet the Design-Build Period MBE and CBB Participation (for either the MBE or CBB component) prior to the completion of the Design-Build Period, PGCPS shall deduct from the final Milestone Payment as a Liquidated Damages Right an amount equal to twenty-five percent (25%) of any deficit (a) between the amount of design and construction expenditures (excluding (i) financing, financing costs, interest on financing, and related fees, (ii) insurance costs, and (iii) mobilization payments made to the Services Provider during the Design-Build Period) that would have been disbursed to MBEs had Developer met the MBE component of the Design-Build Period MBE and CBB Participation and the amount of such funds Developer actually and reasonably expects to be disbursed to MBEs to perform Commercially Useful Functions prior to the completion of the Design-Build Period, and (b) between the amount of design and construction expenditures (excluding (i) financing, financing costs, interest on financing, and related fees, (ii) insurance costs, and (iii) mobilization payments made to the Services Provider during the Design-Build Period) that would have been disbursed to CBBs had Developer met the CBB component of the Design-Build Period MBE and CBB Participation and the amount of such funds Developer actually and reasonably expects to be disbursed to CBBs to perform Commercially Useful Functions prior to the completion of the Design-Build Period. To the extent such deficit exceeds the amount...
Sample 1
AutoNDA by SimpleDocs

Related to Failure to Achieve Design-Build Period MBE and CBB Participation

  • Failure to Achieve Commercial Operation If the Large Generating Facility fails to achieve Commercial Operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying and demonstrating to the Participating TO the appropriate entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation.

  • DEVELOPMENT OR ASSISTANCE IN DEVELOPMENT OF SPECIFICATIONS REQUIREMENTS/ STATEMENTS OF WORK Firms and/or individuals that assisted in the development or drafting of the specifications, requirements, statements of work, or solicitation documents contained herein are excluded from competing for this solicitation. This shall not be applicable to firms and/or individuals providing responses to a publicly posted Request for Information (RFI) associated with a solicitation.

  • TAM Extension Service The TAM Extension Service is an extension of a Red Hat Enterprise Linux TAM Service to provide additional technical knowledge such as SAP implementations on Red Hat Enterprise Linux. The TAM Extension Service requires a separate active and paid standard TAM Service Subscription.

  • Excellent Above Average Satisfactory Needs Improvement Unsatisfactory 5 4 3 2 1 5. The instructor demonstrates knowledge of the subject matter.

  • Table 7b - Other milestones and targets Reference Number Select stage of the lifecycle Please select target type from the drop-down menu Description (500 characters maximum) Is this a collaborative target? Baseline year Baseline data Yearly milestones (numeric where possible, however you may use text) Commentary on your milestones/targets or textual description where numerical description is not appropriate (500 characters maximum)

  • STATEWIDE ACHIEVEMENT TESTING When CONTRACTOR is an NPS, per implementation of Senate Bill 484, CONTRACTOR shall administer all Statewide assessments within the California Assessment of Student Performance and Progress (“CAASP”), Desired Results Developmental Profile (“DRDP”), California Alternative Assessment (“CAA”), achievement and abilities tests (using LEA-authorized assessment instruments), the Fitness Gram with the exception of the English Language Proficiency Assessments for California (“ELPAC”) to be completed by the LEA, and as appropriate to the student, and mandated by XXX xxxxxxxx to LEA and state and federal guidelines. CONTRACTOR is subject to the alternative accountability system developed pursuant to Education Code section 52052, in the same manner as public schools. Each LEA student placed with CONTRACTOR by the LEA shall be tested by qualified staff of CONTRACTOR in accordance with that accountability program. XXX shall provide test administration training to CONTRACTOR’S qualified staff. CONTRACTOR shall attend LEA test training and comply with completion of all coding requirements as required by XXX.

  • Local Circuit Switching Capability, including Tandem Switching Capability 4.2.1 Local circuit switching capability is defined as: (A) line-side facilities, which include, but are not limited to, the connection between a loop termination at a main distribution frame and a switch line card; (B) trunk-side facilities, which include, but are not limited to, the connection between trunk termination at a trunk-side cross-connect panel and a switch trunk card; (C) switching provided by remote switching modules; and (D) all features, functions, and capabilities of the switch, which include, but are not limited to: (1) the basic switching function of connecting lines to lines, line to trunks, trunks to lines, and trunks to trunks, as well as the same basic capabilities made available to BellSouth’s customers, such as a telephone number, white page listings, and dial tone; and (2) all other features that the switch is capable of providing, including but not limited to customer calling, customer local area signaling service features, and Centrex, as well as any technically feasible customized routing functions provided by the switch. Any features that are not currently available but are technically feasible through the switch can be requested through the BFR/NBR process.

  • Rental Rates and Wage Rates for Change Orders As soon as is practical, but prior to the completion of the Construction Preparation Period and in any event prior to the commencement of any Work on the Site, the Contractor shall submit in accordance with the style and format of a specimen to be furnished by the Owner for consideration of the Owner the following: (1) a proposal for rental rates on heavy construction equipment that shall apply in the event Change Order Work is performed, and (2) a proposal for wage rates for the types of project labor that shall apply in the event of the execution of any Change Order Work. Under penalty of false swearing, a principal of the contracting firm shall certify that the proposal for rental rates and proposal for wage rates do not exceed current costs for like services. The Owner will in no event consider a rental rate in excess of eighty percent of the rate set forth in the latest edition of the "Compilation of Nationally Averaged Rental Rates for Construction Equipment" of the Associated Equipment Distributors unless the rates proposed in excess of eighty percent are supported by proof satisfactory to the Owner that the excess rates are reasonable. If the equipment is owned by the Contractor the costs shall be charged at a maximum of eighty percent of market monthly rental rates for the amount of time used. If applicable, transportation costs may be included. The decision of the Owner shall be final, binding and conclusive on all parties. Rental rates shall be payable only for the actual time the equipment is required on the Site.

  • Particular Methods of Procurement of Consultants’ Services 1. Quality- and Cost-based Selection. Except as otherwise provided in paragraph 2 below, consultants’ services shall be procured under contracts awarded on the basis of Quality and Cost-based Selection.

  • Benchmarks for Measuring Accessibility For the purposes of this Agreement, the accessibility of online content and functionality will be measured according to the W3C’s Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.0 for web content, which are incorporated by reference. Adherence to these accessible technology standards is one way to ensure compliance with the College’s underlying legal obligations to ensure that people with disabilities are able to acquire the same information, engage in the same interactions, and enjoy the same benefits and services within the same timeframe as their nondisabled peers, with substantially equivalent ease of use; that they are not excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any College programs, services, and activities delivered online, as required by Section 504 and the ADA and their implementing regulations; and that they receive effective communication of the College’s programs, services, and activities delivered online.

Time is Money Join Law Insider Premium to draft better contracts faster.