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).
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Related to Failure to Satisfy Capacity Tests

  • Failure to Satisfy Conditions If the Secured Party or its Custodian fails to satisfy any conditions for holding Posted Collateral, then upon a demand made by the Pledgor, the Secured Party will, not later than five Local Business Days after the demand, Transfer or cause its Custodian to Transfer all Posted Collateral held by it to a Custodian that satisfies those conditions or to the Secured Party if it satisfies those conditions.

  • Failure to Satisfy Conditions Precedent If any Lender makes available to the Administrative Agent funds for any Loan to be made by such Lender as provided in the foregoing provisions of this Article II, and such funds are not made available to the Borrower by the Administrative Agent because the conditions to the applicable Credit Extension set forth in Article IV are not satisfied or waived in accordance with the terms hereof, the Administrative Agent shall return such funds (in like funds as received from such Lender) to such Lender, without interest.

  • 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.

  • 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.

  • Service Requirements Grantee shall:

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

  • Performance Requirements A. There is no guaranteed minimum amount of work which will be ordered under this Contract. B. The total Contract amount will not exceed $4,900,000. C. This is a Contract for work specified in individual Job Orders. Work ordered prior to but not completed by the expiration of the Contract period, and any additional work required as a result of unforeseen conditions encountered during construction up to six (6) months after the contract expiration date, will be completed with all provisions of this Contract still in force. Performance time for each Job Order issued under this Contract will be determined in accordance with the Contract. This performance time will be determined and agreed upon by both Parties for each individual Job Order. Contractor must self-perform 20% of the Work under this Contract for ‘A’ and ‘B’ licenses. Contractor must self-perform 75% of the Work under this Contract, unless otherwise approved by the County, for ‘C’ licenses. D. This is an indefinite-quantity Contract for the supplies or services specified and effective for the period stated. Work or performance shall be made only as authorized by Job Orders issued in accordance with the ordering procedures clause. The Contractor agrees to furnish to the County when and if ordered, the supplies or services specified in the Contract up to and including the quantity designated in the Job Orders issued as the maximum designated in the Contract.

  • Reporting Covenant Required Complies Quarterly consolidating financial statements Quarterly within 45 days Yes No Annual financial statement (CPA Audited) FYE within 150 days Yes No 10‑Q, 10‑K and 8-K Within 5 days after filing with SEC Yes No Quarterly Compliance Certificate Contemporaneously with delivery ofthe 10-Q and 10-K Yes No Annual operating budgets and annual financial projections FYE within 45 days Yes No

  • 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.

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