Performance and Labor and Material Payment Bonds Sample Clauses

Performance and Labor and Material Payment Bonds. The ESCO shall, prior to commencing the Project, deliver to the ISSUER a Performance Bond and a Labor and Material Payment Bond that conforms to the requirements of N.C. General Statute Chapter 44-A, Article 3. Notwithstanding any provision to the contrary herein, any payment and performance bonds associated with this agreement shall secure only the ESCO’s faithful performance of the installation portion of this Agreement, and shall not be construed to secure i) the energy savings guaranteed by the ESCO under this Agreement; ii) the performance of any support or maintenance service agreement, or iii) any other guarantees or warranties with terms beyond one (1) year in duration from the completion of the installation portion of this Agreement.
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Performance and Labor and Material Payment Bonds a. The Vendor shall execute and deliver to APS Performance and Labor and Material Payment Bonds on the forms attached to this Purchase Order, each in an amount equal to the Purchase Order Total. The Performance and Labor and Material Payment Bonds shall be executed by a solvent and responsible surety company licensed to conduct business in the Commonwealth of Virginia, named in the current United States Treasury Department’s latest Circular 570 and acceptable to APS. These bonds shall be issued and countersigned by a local authorized representative of such surety company who maintains a resident place of business in the Commonwealth of Virginia, regularly commissioned and licensed in the Commonwealth and producing satisfactory evidence of the authority of the person or persons executing the bonds to execute them on behalf of the surety. The Performance and Labor and Material Payment Bonds shall serve as security for the faithful performance of this Purchase Order, and for the payment of all persons performing labor and furnishing materials and services in connection with this Purchase Order consistent with the requirements of the Virginia Public Procurement Act. The premiums on the Performance and Labor and Material Payment Bonds shall be paid by the Vendor and shall be included in the Purchase Order Total. b. If at any time APS shall become dissatisfied with any surety or sureties providing the Performance or Labor and Material Payment Bonds, or both, or if for any other reason such Bonds shall cease to be adequate security for the Vendor, the Vendor shall within ten (10) Days after notification of such fact, substitute acceptable Bonds in such form and sum and signed by such other sureties as may be satisfactory to APS. The premiums on such Bonds shall be paid by the Vendor at no additional charge to APS. No further partial payments shall be deemed due nor shall be made until the new Bonds are in effect and provided to and approved by APS. c. Alternative Forms of Security: Any Performance or Labor and Material Payment Bond required may be provided in the form of a certified check, cashier’s check, or cash escrow in the face amount required for the Bond and conditioned as required for a surety bond. Any Performance Bond or Labor and Material Payment Bond required may be in the form of a personal bond, property bond, or bank or savings institution’s letter of
Sample 1
Performance and Labor and Material Payment Bonds. The ESCO shall, prior to commencing the Project, deliver to the ISSUER a Performance Bond and a Labor and Material Payment Bond that conforms to the requirements of N.C. General Statute Chapter 44-A, Article 3. Notwithstanding any provision to the contrary herein, any payment and performance bonds associated with this agreement shall secure only the ESCO’s faithful performance of the installation portion of this Agreement, and shall not be construed to secure the energy savings guaranteed by the ESCO under this Agreement; the performance of any support or maintenance service agreement, or any other guarantees or warranties with terms beyond one (1) year in duration from the completion of the installation portion of this Agreement. Right to Terminate the ESCO’s Performance of the Work. If the ESCO fails or refuses to perform the Work with such diligence as to allow completion of the Work substantially in accordance with Schedule I, or commits a material breach of any other provision of this Agreement, and provided that such breach continues for sixty(60) days after written notice to the ESCO demanding that such breach be cured or if cure cannot be effected within sixty (60) days, or the ESCO fails to propose and commence a cure acceptable to the ISSUER within such sixty (60) days, then the ISSUER may issue a notice of intent to terminate the ESCO’s right to proceed with the Work as specified herein. In no event shall the ISSUER have any obligation to compensate the ESCO for delays arising pursuant to the ESCO’s failure or refusal to diligently perform the Work and damages arising in connection therewith. In such case, the ISSUER shall give the ESCO and its surety written notice of intention to terminate the ESCO’s right to complete the Work and the reason therefore and, unless within seven (7) business days after the notice of intent to terminate the delay or violation shall cease or a cure acceptable to the ISSUER for correcting the situation is proposed, the ISSUER may issue a termination notice to such effect for the ESCO and its surety. Thereupon, the surety will be given the opportunity to complete the Work in accordance with the Project Documents. Such completion may include, but not be limited to, the use of a competing ESCO, satisfactory to the ISSUER, pursuant to a written takeover agreement, the payment of a sum of money required to allow the ISSUER to complete the Work, or other arrangements agreed to by the ISSUER and the surety. If within seven...
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Performance and Labor and Material Payment Bonds. If, during the Contract Time, Change Orders or Construction Change Directives increase the Contract Sum, Contractor shall furnish to the State additional bonding coverage as required by Wyo. Stat. § 9-2-3004(c)(iv)(C), so that a bond of one hundred percent (100%) of the Contract Sum is always provided.
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Performance and Labor and Material Payment Bonds. The COMPANY shall, as soon as practicable following the execution date set forth in Article 15 hereof, and prior to commencing the Work, deliver to the INSTITUTION a Performance Bond and a Labor and Material Payment Bond securing its obligations to be performed under this Agreement until the Acceptance of the Work by the INSTITUTION. Each bond shall be in the amount set forth in Schedule Q hereof.
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Performance and Labor and Material Payment Bonds. Unless otherwise provided in the MSA, the Subcontractor shall provide separate Performance and Labor and Material Payment Bonds, in a form and with surety, satisfactory to Maintco Corp. in the full amount of this Subcontract. The premiums for these Bonds shall be paid by the Subcontractor and the cost thereof is included in the Subcontract Price.
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Performance and Labor and Material Payment Bonds. Developer shall submit to DHHL performance and payment bonds which shall insure the full performance of all construction contracts and the payment of all obligations arising out of the construction of the Homes. Such bonds shall be issued by a surety licensed to do business in the State of Hawaii with an appropriate rider naming DHHL as obligee.
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Performance and Labor and Material Payment Bonds. The ESCOCOMPANY shall, as soon as practicable following the execution date set forth in Article 15 hereof, and prior to commencing the Work, deliver to the ISSUERCUSTOMER a Performance Bond and a Labor and Material Payment Bond in conformity with N.C. General Statute Chapter 44-A, Article 3. securing its obligations to be performed under this Agreement until the Acceptance of the Work by the
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Related to Performance and Labor and Material Payment Bonds

  • PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.

  • Performance Assessment 6.1 The Performance Plan (Annexure A) to this Agreement sets out key performance indicators and competencies that needs to be evaluated in terms of – 6.1.1 The standards and procedures for evaluating the Employee’s performance; and 6.1.2 During the intervals for the evaluation of the Employee’s performance. 6.2 Despite the establishment of agreed intervals for evaluation, the Employer may in addition review the Employee’s performance at any stage while the contract of employment remains in force; 6.3 Personal growth and development needs identified during any performance review discussion must be documented in a Personal Development Plan as well as the actions agreed to and implementation must take place within set time frames; 6.4 The Employee’s performance will also be measured in terms of contributions to the goals and strategies set out in the Employer’s Integrated Development Plan (IDP) as described in 6.6 – 6.13 below; 6.5 The Employee will submit quarterly performance reports (SDBIP) and a comprehensive annual performance report at least one week prior to the performance assessment meetings to the Evaluation Panel Chairperson for distribution to the panel members for preparation purposes; 6.6 Assessment of the achievement of results as outlined in the performance plan: 6.6.1 Each KPI or group of KPIs shall be assessed according to the extent to which the specified standards or performance targets have been met (qualitative and quantitative) and with due regard to ad-hoc tasks that had to be performed under the KPI; 6.6.2 A rating on the five-point scale described in 6.9 below shall be provided for each KPI or group of KPIs which will then be multiplied by the weighting to calculate the final score; 6.6.3 The Employee will submit his self-evaluation to the Employer prior to the formal assessment; 6.6.4 In the instance where the employee could not perform due to reasons outside the control of the employer and employee, the KPI will not be considered during the evaluation. The employee should provide sufficient evidence in such instances; and 6.6.5 An overall score will be calculated based on the total of the individual scores calculated above.

  • Performance and Payment Bonds The authority and responsibility for requesting performance and payment bonds shall rest with the Customer. Under this Contract, the Customer issuing the purchase order may request a performance and payment bond, as deemed necessary by the size of the job. Inability to provide a bond may result in the Contractor being found in default of the purchase order.

  • 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.

  • Performance and Payment Bond Contractor shall post with County, not later than ten (10) days of the execution of this Agreement, a performance and payment bond in the amount of one hundred percent (100%) of the total lump sum price in such form as is satisfactory to County. The bond shall be executed by a corporate surety company duly authorized and admitted to do business in the State of Texas and licensed to issue such a bond in the State of Texas.

  • Long Term Cost Evaluation Criterion # 4 READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not i ncrease your catalog prices (as defined herein) more than X% annually over the previous year for years two and thr ee and potentially year four, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIP S, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentati on, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from th e “Attachments” section, complete according to the instructions on the form, then uploading the completed form, wit h any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they ma y apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@t xxx-xxx.xxx

  • Performance and Compliance Purchaser shall have performed all of the covenants and complied, in all material respects, with all the provisions required by this Agreement to be performed or complied with by it on or before the Closing.

  • Performance Improvement Plan timely and accurate completion of key actions due within the reporting period 100 percent The Supplier will design and develop an improvement plan and agree milestones and deliverables with the Authority 3.2 The Authority may from time to time make changes to the KPIs measured as set out in paragraph 3.1 above and shall issue a replacement version to the Supplier. The Authority shall give notice In Writing of any such change to the KPIs measured and shall specify the date from which the replacement KPIs must be used for future reports. Such date shall be at least thirty (30) calendar days following the date of the notice to the Supplier.

  • Long Term Cost Evaluation Criterion 4. READ CAREFULLY and see in the RFP document under "Proposal Scoring and Evaluation". Points will be assigned to this criterion based on your answer to this Attribute. Points are awarded if you agree not increase your catalog prices (as defined herein) more than X% annually over the previous year for the life of the contract, unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with TIPS, if requested. If you agree NOT to increase prices more than 5%, except when justified by supporting documentation, you are awarded 10 points; if 6% to 14%, except when justified by supporting documentation, you receive 1 to 9 points incrementally. Price increases 14% or greater, except when justified by supporting documentation, receive 0 points. increases will be 5% or less annually per question Required Confidentiality Claim Form This completed form is required by TIPS. By submitting a response to this solicitation you agree to download from the “Attachments” section, complete according to the instructions on the form, then uploading the completed form, with any confidential attachments, if applicable, to the “Response Attachments” section titled “Confidentiality Form” in order to provide to TIPS the completed form titled, “CONFIDENTIALITY CLAIM FORM”. By completing this process, you provide us with the information we require to comply with the open record laws of the State of Texas as they may apply to your proposal submission. If you do not provide the form with your proposal, an award will not be made if your proposal is qualified for an award, until TIPS has an accurate, completed form from you. Read the form carefully before completing and if you have any questions, email Xxxx Xxxxxx at TIPS at xxxx.xxxxxx@xxxx-xxx.xxx If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect.

  • Performance while Dispute is Pending Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

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