Failure to Satisfy Capacity Tests Sample Clauses

Failure to Satisfy Capacity Tests. If the Capacity Test Report indicates that the Facility failed to satisfy the Minimum Guaranteed Capacity or satisfied the Minimum Guaranteed Capacity, but not the Guaranteed Capacity, then Contractor shall promptly (and in any event within five (5) Business Days) submit to Owner for its review and approval a Remedial Plan and remedy such deficiencies in accordance with such Owner-approved Remedial Plan. Upon satisfactory completion of the Work set forth in such Owner-approved Remedial Plan, Contractor shall re-perform the Capacity Test in accordance with this Agreement, including the Performance Testing Plan, and the process set forth in this Section 12.4(b) shall be repeated. If the Capacity Test Report for the repeated Capacity Test indicates that the Facility satisfied the Minimum Guaranteed Capacity, but not the Guaranteed Capacity, then Contractor shall pay Owner the Capacity Performance Liquidated Damages as provided in Article 13 and Exhibit D. Subject to the rights and remedies of Owner (including the rights and remedies arising from Section 22.2(f)), if the Facility fails to satisfy the Minimum Guaranteed Capacity, Contractor shall continue to perform in accordance with this Section until the Facility does satisfy the Minimum Guaranteed Capacity. Contractor shall be responsible for paying, and Owner may backcharge Contractor, for the fees and expenses incurred in connection with any performance of the Capacity Test. Owner shall be entitled to backcharge Contractor for the costs incurred by Owner, including the cost of any consumables and spare parts, associated with the re-performance of any Capacity Test. Nothing in this Section, including the continued effort by Contractor after the Key Milestone Date for Substantial Completion to achieve the Guaranteed Capacity, shall preclude or otherwise prejudice Owner from assessing Delay Liquidated Damages in accordance with Article 13 or from terminating this Agreement, or pursuing any other rights or remedies, as a result of a Contractor Default under Section 22.2(f).
Sample 1
AutoNDA by SimpleDocs

Related to Failure to Satisfy Capacity Tests

  • Service Requirement Except as otherwise provided in Section 6(e) of the Plan or Section 2 of this Agreement, this Option may be exercised only while you continue to provide Service to the Company or any Affiliate, and only if you have continuously provided such Service since the Grant Date of this Option.

  • CONTRACT COMPLIANCE REQUIREMENT The HUB requirement on this Contract is 0%. The student engagement requirement of this Contract is 0 hours. The Career Education requirement for this Contract is 0 hours. Failure to achieve these requirements may result in the application of some or all of the sanctions set forth in Administrative Policy 3.10, which is hereby incorporated by reference.

  • Service Requirements Grantee shall:

  • Performance Requirements 1. Neither Party may impose or enforce any of the following requirements, or enforce any commitment or undertaking, in connection with the establishment, acquisition, expansion, management, conduct or operation of an investment of an investor of a Party or of a non-Party in its territory:

  • W-9 Requirement Alongside a signed copy of this Agreement, Grantee will provide Florida Housing with a properly completed Internal Revenue Service (“IRS”) Form W-9. The purpose of the W-9 form is to document the SS# or FEIN# per the IRS. Note: W-9s submitted for any other entity name other than the Grantee’s will not be accepted.

  • Adverse Weather Conditions Except in emergency situations, the Employer shall not require an employee:

  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement.

  • Notice Requirement No termination of this Agreement shall be effective unless and until the party terminating this Agreement gives prior written notice to all other parties of its intent to terminate, which notice shall set forth the basis for the termination. Furthermore,

  • Contract Conditions This section contains conditions which shall be complied with during the performance of this contract. The conditions come in two parts, general conditions and special contract requirements.

  • Space Requirements The Construction Administrator will conduct a review of the adequacy of space allotments for maintenance of mechanical, telephone, and fire protection equipment.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!