Failure to Meet the Expected Initial Delivery Date Sample Clauses

Failure to Meet the Expected Initial Delivery Date. If Seller does not achieve the Initial Delivery Date within sixty (60) days after the Expected Initial Delivery Date, then TVA shall charge Seller Initial Delivery Date Damages on a daily basis until the earlier of (i) full commercial operation is achieved, or (ii) December 31, 2017. If Seller has not achieved the Initial Delivery Date by December 31, 2017, then TVA has the right to immediately terminate the agreement with no further recourse.
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Failure to Meet the Expected Initial Delivery Date. If Seller fails to achieve the Initial Delivery Date by the Expected Initial Delivery Date, then Seller shall pay LUB, as liquidated damages, Initial Delivery Date Damages for each day thereafter until Seller achieves full commercial operation of the Project. If Seller fails to achieve the Initial Delivery Date by six (6) Months after the Expected Initial Delivery Date, then LUB may, in its sole discretion, (a) exercise the Early Purchase Option as set forth in Section 3.3(ii), or (b) immediately terminate this Agreement with no further recourse, except for any amounts accrued and owed by Seller to LUB as of the date of termination. However, if Seller’s failure to achieve such Initial Delivery Date is caused primarily by LUB’s failure to complete construction of interconnection facilities, other than a failure caused by a Force Majeure Event (in which case the provisions of Section 16.1 would apply), then Seller shall be entitled to a corresponding day- for-day extension before Initial Delivery Date Damages, or LUB exercises its remedies under this Article.

Related to Failure to Meet the Expected Initial Delivery Date

  • Requesting Price Increase/Required Documentation Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, Xxxxxxx Xxxxxx, at Xxxxxxx.Xxxxxx@x-xxx.xxx Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

  • Initial Forecasts/Trunking Requirements Because Verizon’s trunking requirements will, at least during an initial period, be dependent on the Customer segments and service segments within Customer segments to whom CSTC decides to market its services, Verizon will be largely dependent on CSTC to provide accurate trunk forecasts for both inbound (from Verizon) and outbound (to Verizon) traffic. Verizon will, as an initial matter, provide the same number of trunks to terminate Reciprocal Compensation Traffic to CSTC as CSTC provides to terminate Reciprocal Compensation Traffic to Verizon. At Verizon’s discretion, when CSTC expressly identifies particular situations that are expected to produce traffic that is substantially skewed in either the inbound or outbound direction, Verizon will provide the number of trunks CSTC suggests; provided, however, that in all cases Verizon’s provision of the forecasted number of trunks to CSTC is conditioned on the following: that such forecast is based on reasonable engineering criteria, there are no capacity constraints, and CSTC’s previous forecasts have proven to be reliable and accurate.

  • Reports of unusual occurrence The Contractor shall, during the Maintenance Period, prior to the close of each day, send to the Authority and the Authority’s Engineer, by facsimile or e- mail, a report stating accidents and unusual occurrences on the Project Highway relating to the safety and security of the Users and Project Highway. A monthly summary of such reports shall also be sent within 3 (three) business days of the closing of month. For the purposes of this Clause 15.4, accidents and unusual occurrences on the Project Highway shall include:

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of this bid, the Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement:

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