Manufacturing Plant Shutdown; Sale; Termination Fee Sample Clauses

Manufacturing Plant Shutdown; Sale; Termination Fee. If at any time during the Term, * decides to permanently discontinue operations at the Manufacturing Plant (other than for a sale of the Manufacturing Plant, the terms of which sale include the assumption by the buyer of the terms and obligations of this Agreement), or this Agreement is otherwise terminated for any reason other than for a default by Xxxxxxxxx-Americas as defined in Section 12.1 (hereafter, "Failed Performance"), * shall pay to Xxxxxxxxx-Americas a Termination Fee in the relevant amount set forth in Schedule 11.3 ("Termination Fee"). * shall not be required to pay a Termination Fee in the event of a sale of the Manufacturing Plant by * to Confidential Treatment a third party purchaser, where (i) such third party purchaser is an investment grade credit at least equal to * ; (ii) such third party purchaser assumes all of the * obligations under this Agreement; and (iii) the terms of the purchase relating to such assumption of * 's obligations under this Agreement are approved by Xxxxxxxxx-Americas, which approval shall not be unreasonably withheld.
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Manufacturing Plant Shutdown; Sale; Termination Fee. If at any time during the Term, X. X. Xxxxx decides to permanently discontinue operations at the Manufacturing Plant (other than for a sale of the Manufacturing Plant, the terms of which sale include the assumption by the buyer of the terms and obligations of this Agreement), or this Agreement is otherwise terminated for any reason other than for a default by Xxxxxxxxx-Americas as defined in Section 12.1 (hereafter, "Failed Performance"), X.

Related to Manufacturing Plant Shutdown; Sale; Termination Fee

  • Interconnection Customer Provided Services The services provided by Interconnection Customer under this LGIA are set forth in Article 9.6 and Article 13.5. 1. Interconnection Customer shall be paid for such services in accordance with Article 11.6.

  • Manufacturing Services Jabil will manufacture the Product in accordance with the Specifications and any applicable Build Schedules. Jabil will reply to each proposed Build Schedule that is submitted in accordance with the terms of this Agreement by notifying Company of its acceptance or rejection within three (3) business days of receipt of any proposed Build Schedule. In the event of Jabil’s rejection of a proposed Build Schedule, Jabil’s notice of rejection will specify the basis for such rejection. When requested by Company, and subject to appropriate fee and cost adjustments, Jabil will provide Additional Services for existing or future Product manufactured by Jabil. Company shall be solely responsible for the sufficiency and adequacy of the Specifications [***].

  • Construction Phase Services 3.1.1 – Basic Construction Services

  • Quality Control Program Engineer shall have a quality control program in place that ensures that all deliverable work is of high quality. Engineer shall submit a plan detailing its program to the Inspection Branch of the TxDOT Bridge Division for review and approval prior to beginning work. State may review or audit the programs.

  • Contract Term Adjustment “Contract Term Adjustment” means adjustment only as provided for in the three circumstances described in this Subsection. Under these circumstances, the contract term shall be adjusted in writing to include additional calendar days in one or more Normal Operating Seasons equal to the actual time lost, except as limited by paragraph (b) in this Subsection.

  • Interconnection Customer Compensation If the CAISO requests or directs the Interconnection Customer to provide a service pursuant to Articles 9.6.3 (Payment for Reactive Power) or 13.5.1 of this LGIA, the CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff.

  • Interconnection Customer Compensation for Actions During Emergency Condition The CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff for its provision of real and reactive power and other Emergency Condition services that the Interconnection Customer provides to support the CAISO Controlled Grid during an Emergency Condition in accordance with Article 11.6.

  • PREVAILING WAGE RATES - PUBLIC WORKS AND BUILDING SERVICES CONTRACTS If any portion of work being Bid is subject to the prevailing wage rate provisions of the Labor Law, the following shall apply:

  • Commercial Operation Date Testing and Modifications Prior to the Commercial Operation Date, the Connecting Transmission Owner shall test the Connecting Transmission Owner’s Attachment Facilities and System Upgrade Facilities and System Deliverability Upgrades and Developer shall test the Large Generating Facility and the Developer Attachment Facilities to ensure their safe and reliable operation. Similar testing may be required after initial operation. Developer and Connecting Transmission Owner shall each make any modifications to its facilities that are found to be necessary as a result of such testing. Developer shall bear the cost of all such testing and modifications. Developer shall generate test energy at the Large Generating Facility only if it has arranged for the injection of such test energy in accordance with NYISO procedures.

  • Interconnection Customer Payments Not Taxable The Parties intend that all payments or property transfers made by the Interconnection Customer to the Participating TO for the installation of the Participating TO's Interconnection Facilities and the Network Upgrades shall be non-taxable, either as contributions to capital, or as a refundable advance, in accordance with the Internal Revenue Code and any applicable state income tax laws and shall not be taxable as contributions in aid of construction or otherwise under the Internal Revenue Code and any applicable state income tax laws.

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