LEED Performance Deposit Sample Clauses

LEED Performance Deposit. At the Closing, the Closing Escrow Agent shall pay over to the Town the LEED Performance Deposit, which shall be held and disbursed by the Town as provided in Section 3.09 of this Agreement.]
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LEED Performance Deposit. Upon receipt by the Town of the LEED Performance Deposit from the Closing Escrow Agent at the Closing as provided in Section 2.10(d) above, the Town shall hold the LEED Performance Deposit to secure the Developer’s obligation to obtain LEED ND Built Project Silver or higher certification for the entire Project as constructed. The Town may commingle the LEED Performance Deposit with other funds of the Town, and shall not be required to pay any interest on the LEED Performance Deposit to the Developer. The Town shall continue to hold the LEED Performance Deposit from the Closing until the earlier of (i) receipt by the Town of evidence that the USGBC has issued a LEED ND Built Project Silver or higher certification for the entire Project as constructed, in which case the Town shall promptly thereafter disburse the LEED Performance deposit to the Developer (without interest), or (ii) one (1) year (which one year period may be extended by the Town in its sole and absolute discretion) after the issuance by the Town of Andover Building Inspector of a permanent certificate of occupancy for the last building to be constructed as part of the Project as shown on the CPP (including such modifications thereto as were approved by the Select Board pursuant to the selection process set forth in the RFP), in which case, if the requirements of the preceding clause (i) have not been satisfied by such one-year anniversary (as such one year period may be extended by the Town in its sole and absolute discretion), the LEED Performance Deposit shall become the sole property of the Town as part of its General Fund, the Developer shall have no rights in or claim to the LEED Performance Deposit and the Town may expend such funds as it deems appropriate, in its sole and absolute discretion. The provisions of this Section 3.09 shall survive the issuance of a Certificate of Completion pursuant to Section
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Related to LEED Performance Deposit

  • Payment and Performance Bond Prior to the execution of this Contract, City may require Contractor to post a payment and performance bond (Bond). The Bond shall guarantee Contractor’s faithful performance of this Contract and assure payment to contractors, subcontractors, and to persons furnishing goods and/or services under this Contract.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

  • Payment and Performance Bonds The Contractor shall comply with the following minimum bonding requirements:

  • Licensor Performance Obligations 1. The Licensor will use reasonable efforts to ensure that its performance will meet or exceed industry standards and practices. Additionally, the Licensor agrees to the following performance standards.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Continuing Performance Each party is required to continue to perform its obligations under this contract pending final resolution of any dispute arising out of or relating to this contract, unless to do so would be impossible or impracticable under the circumstances.

  • Performance Obligations The Purchaser shall have performed in all respects all obligations required to be performed by it under this Agreement at or prior to the Closing.

  • Indemnity for Performance Agreements The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from and against all claims and suits for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and attorney’s fees, arising out of, or resulting from, Vendor’s work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees, unless such claims are based in whole upon the negligent acts or omissions of the TIPS, TIPS Member(s), officers, employees, or agents. If based in part upon the negligent acts or omissions of the TIPS, TIPS Member(s), officers, employees, or agents, Vendor shall be responsible for their proportional share of the claim. State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

  • Excuse from performance of obligations If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that:

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