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);
Failure to Produce. The failure of the Quantity Obligation of any Bid Facility to achieve at least 65 percent of the Bid Quantity during any Contract Year.
Failure to Produce. The failure by the Bid Facility to generate energy in a quantity sufficient to support the creation of Tier-1 Renewable Energy Certificates in a number equaling at least 65% of the Bid Quantity during any Contract Year; or
Failure to Produce. If during any Tranche, the Nuclear Group fails to generate in the aggregate an amount of electric energy sufficient to support the creation of ZECs pursuant to the ZEC Program in an amount equal to at least eighty-five percent (85%) of the applicable Tranche Cap Amount (the “Threshold Amount”), then the Annual ZEC Cap Amount and the Tranche Cap Amount applicable to the Nuclear Group in the immediately subsequent Tranche shall decrease by the applicable Annual ZEC Cap Reduction Amount and the applicable Tranche Cap EXECUTION VERSION Reduction Amount, respectively. If, during any subsequent Tranche, the Nuclear Group generates in the aggregate an amount of electric energy sufficient to support the creation of ZECs pursuant to the ZEC Program in an amount at or above the new lower cap and obligation, the Annual ZEC Cap Amount and Tranche Cap Amount will be restored for the Nuclear Group in subsequent Tranches. Subject to Sections 2.2, 3.2 and 12.1(b), but notwithstanding any other provision in this Agreement to the contrary, the cap reductions described in this Section 5.2(a) shall be NYSERDA’s sole remedy for Seller’s failure to produce the Threshold Amount and transfer ZECs to the NYSERDA ZEC Account, in accordance with the terms of this Agreement, through the Contract Term;
Failure to Produce a) Should the Producer fail to produce the Play as agreed in Clause 1(b) of this contract and where this failure is due to matters outwith the Producer’s control such as, but not in limitation of fire, flood, explosion, national mourning or stoppages in consequent of a trade dispute then Clause 1(b) may be amended to allow for such period as the producer has been precluded from presenting the play. After such a situation has continued for three months however, either party shall be entitled to give the other written notice terminating the contract without prejudice to any fees already paid.
b) Should the Producer fail to produce the Play as agreed in Clause 1(b) of this contract and where this failure is due to casting difficulties or the like, the Producer, on payment of £ (being a non returnable advance against royalties) shall have the option to extend the period of rights for a further weeks.
c) Should the play not be performed in terms of Clause 1(b) or as allowed for a Clause 13(a) and (b), all rights shall revert to the writer.
Failure to Produce. Should the Payor commence Commercial Production, but then cease to produce Mineral Products from the Property for a cumulative period of time equal to 60 months, whether or not consecutive, but excluding Maintenance Shutdowns:
(i) the Payor shall forfeit the Property to the Payee (at the Payee’s election); and
(ii) the provisions of section 6 hereof shall apply mutatis mutandis with respect to such forfeiture.
Failure to Produce. If, for any reason, the production is abandoned by the Manager at any time after the Musician has been contracted, the Musician shall be paid two weeks’ Weekly Production Salary in satisfaction of all claims by the Musician together with all payments accrued and due up to and including the day on which the Manager notifies the Musician of the abandonment of the production.
Failure to Produce. If for any reason the production is abandoned at any time, the Choreographer shall be paid all outstanding instalments of the fee under the Contract plus all agreed expenses incurred up until such time.
Failure to Produce. If the Manager cancels the production before the opening night, the following shall apply in final settlement of all claims that the Artist may have against the Manager under the Contract.
Failure to Produce. If for any reason the Hirer shall not produce the show, the Hirer shall pay to the Artiste a sum equal to two weeks salary together with all rehearsal payments accrued and up to and including the day upon which the Hirer notified the Artiste of the abandonment of the production. Disciplinary Procedure
