Fleet Performance Sample Clauses

Fleet Performance. Dealer will periodically receive fleet performance tracking reports from SunPower. Dealer agrees to review such reports for issues affecting System performance, including but not limited to inverter outages, lost monitoring connections, and disconnected strings, all of which may constitute failures under the Limited Warranties provided by Dealer to SunPower. Dealer shall perform reasonable diligence in ascertaining whether issues listed in the fleet performance tracking report are covered under the Limited Warranties, in which case Dealer shall proactively remedy such issues at no cost to SunPower. Dealer acknowledges and agrees that SunPower may elect to terminate Dealer’s eligibility to participate in the Lease Program if Dealer fails to maintain, as determined in SunPower’s sole discretion, satisfactory fleet performance levels in the tracking report. EXHIBIT D DEALER FEES PAYMENT SCHEDULE Dealer shall invoice SunPower for the Dealer Fees in two stages in accordance with the following and commensurate with the Services performed hereunder. Stage % of Dealer Fees Work completed Required documentation for Payment 1 Installation Completion Payment: Comprised of 20% of the Dealer Fee for Lease Origination and Administration Services (the “OriginationFee”)and 60% of theDealer Fee for Design andInstallationServices (the “InstallationCompletionFee”) System Installation · Invoice to SunPower for 80% of Dealer Fees, breaking out the 20% Origination Fee from the 60% Installation Completion Fee, and including the purchase order number and vendor number;· Origination and Administration Serviceso Lease Documents executed by Lessee;o If applicable to the System, reservation of Solar Incentive Amount confirmed by incentive program administrator; ando Design documents that were required by the municipality to issue the permits;· Design and Installation Serviceso a detailed breakdown of all costs for equipment of the System required to obtain applicable incentives, including federal, state and local tax benefits;o Conditional lien waivers (subject solely to payment of amounts due) executed by Dealer which shall cover all Services performed and materials furnished for the System on or prior to such invoice date;o Original, fully executed Certificate of Acceptance;o Final permits, signed off by municipality; provided that if such requirement has been waived in accordance with Section 6(i) of the Agreement, Dealer shall provide a SMS checklist or other documentation requir...
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Related to Fleet Performance

  • Assist Performance Seller shall exercise its reasonable best efforts to cause to be fulfilled those conditions precedent to Buyer’s obligations to consummate the transactions contemplated hereby which are dependent upon the actions of Seller and to work with Buyer to make and/or obtain any necessary filings and consents. Seller shall cause Split-Off Subsidiary to comply with its obligations under this Agreement.

  • Due Performance The Shareholder shall have performed and complied with all the terms and conditions required by this Agreement to be performed or complied with by it before the Closing.

  • Prompt Performance All actions required to be taken (including payments) by any party under this Agreement shall be performed within the time prescribed for performance in this Agreement, or if no period is prescribed, such actions shall be performed promptly.

  • Excused Performance If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that:

  • Strict Performance The failure of any party to insist upon or enforce strict performance by any other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, such provision or right shall be and remain in full force and effect.

  • Timely Performance Time is of the essence as to the performance of the obligations required of the respective parties under this Agreement.

  • Seller’s Performance (a) All of the covenants and obligations that Sellers are required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been duly performed and complied with in all material respects.

  • Not Impair Performance Buyer shall not take any intentional action that would cause the conditions upon the obligations of the parties hereto to effect the transactions contemplated hereby not to be fulfilled, including, without limitation, taking or causing to be taken any action that would cause the representations and warranties made by any party herein not to be true, correct and accurate as of the Closing, or in any way impairing the ability of Seller to satisfy its obligations as provided in Article VII.

  • Non-Performance No failure or delay in performance, whether in whole or in part, by either Gatherer or Shipper shall be deemed to be a breach hereof (other than the obligation to pay amounts when due under this Agreement) when such failure or delay is occasioned by or due to a Force Majeure Event.

  • Buyer’s Performance (a) All of the covenants and obligations that Buyer is required to perform or to comply with pursuant to this Agreement at or prior to the Closing (considered collectively), and each of these covenants and obligations (considered individually), must have been performed and complied with in all material respects.

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