Performance Commencement Date Sample Clauses

Performance Commencement Date. The Performance Commencement Date shall be the first day of the month after the month in which all schedules are in final form and accepted by Owner and when Contractor shall have delivered a Notice to Owner that it has installed and commenced operating all of the Equipment specified in Schedule A and in accordance with the provisions of Article 6 and Schedule G, Owner has inspected and accepted said installation and operation as evidenced by the execution of the Notice of Final Acceptance as set forth in Exhibit III (iii) . Notwithstanding anything to the contrary in Article 2 and Article 4 the Performance Commencement Date shall not occur and the Owner shall not be required to accept the work under this Contract unless and until: all Equipment installation for the subject Premises is completed by Contractor in accordance with the terms and conditions of this Contract. Owner shall have thirty (30) days after notification by the Contractor to inspect and accept the Equipment, file, in writing, any disputed issues, and execute Notice of Final Acceptance. Owner reserves the right to reject the Equipment if installation fails to comply with applicable building codes, or is otherwise not in compliance with this Contract.
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Performance Commencement Date. The Performance Commencement Date shall be the first day of the month after the month in which all schedules are in final form and accepted by Customer, and when ESCO shall have delivered a Notice to Customer that it has installed and commenced operating all of the Equipment specified in Schedule A (Equipment to be Installed by ESCO) and in accordance with the provisions of Section 13 (Construction Schedule and Equipment Installation; Approval) and Schedule H (Systems Start-Up and Commissioning; Operating Parameters of Installed Equipment), and Customer has inspected and accepted said installation and operation as evidenced by the Certificate of Acceptance as set forth in Exhibit III (ii) (Certificate of Acceptance—Installed Equipment). Notwithstanding anything in Section 4 (Time for Completion; Performance Commencement Date; Term of Agreement) and Section 5 (Payments) to the contrary, the Performance Commencement Date shall not occur and the Customer shall not be required to accept the work under this Agreement unless and until: (i) all Equipment installation for the subject Premises is completed by ESCO in accordance with the terms and conditions of this Agreement, including without limitation the satisfaction of all claims for labour and materials. Customer shall have thirty (30) days after notification by the ESCO to inspect and accept the Equipment. The Customer reserves the right to reject the Equipment if installation fails to meet reasonable standards of workmanship, does not comply with applicable building codes, or is otherwise not in compliance with this Agreement. Acceptance shall occur at the later of the time specified herein for acceptance or at the expiration of the ten (10) days statutory notice of “final settlement” to subcontractors and other persons furnishing labour, materials, and other supplies in the performance of work. In the event claims are received, acceptance shall not occur until after the receipt by Customer of a signed receipt in full or an order of withdrawal of said claims.
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Performance Commencement Date. (Clause 1 – Definitions) – the next date after the Client has transferred to the Account the funds not less than the Minimum Investment.
Sample 1

Related to Performance Commencement Date

  • Vesting Commencement Date Exercise Price per Share: Total Number of Shares Subject to the Option: Total Exercise Price: Expiration Date:

  • Service Commencement Date The date the Transmission Provider begins to provide service pursuant to the terms of an executed Service Agreement, or the date the Transmission Provider begins to provide service in accordance with Section 15.3 or Section 29.1 under the Tariff.

  • Lease Commencement Date The earlier to occur of (i) the date upon which Tenant first commences to conduct business in the Premises, and (ii) the later to occur of (A) November 1, 2018 and (B) the date upon which the Premises are Ready for Occupancy (as that term is defined in Section 5.1 of the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”)).

  • Rent Commencement Date The "Rent Commencement Date" shall be the date that Tenant first uses the Premises or any portion thereof for any purpose permitted under this lease. In the event this lease pertains to a building or building interior finish to be constructed, the "Rent Commencement Date" shall be the date upon which the buildings and other improvements erected and to be erected upon the premises shall have been substantially completed in accordance with the plans and specifications described on Exhibit "C" attached hereto and incorporated herein by reference, provided however, that if Landlord shall be delayed in such substantial completion as a result of: (i) Tenant's failure to agree to plans, specifications, and cost estimates, within a reasonable period of time; (ii) Tenant's request for materials, finishes or installations other than Landlord's standard; (iii) Tenant's changes in plans; the commencement date and the payment of rent hereunder shall be accelerated by the number of days of such delay, and provided further that if Landlord cannot substantially complete the premises as a result of any events (i) through (iii) above, Landlord may as its election complete so much of Landlord's work as may be practical under the circumstances and, by written notice to Tenant, establish the commencement date as the date of such partial completion, subject to any applicable accelerations due to delays resulting from events (i) through (iii) above. Taking possession by Tenant shall be deemed conclusively to establish that said buildings and other improvements have been completed in accordance with the plans and specifications and that the premises are in good and satisfactory condition, as of when possession was so taken. Tenant acknowledges that no representations as to the repair of the premises have been made by Landlord, unless such are expressly set forth in the lease. After such "Rent Commencement Date" Tenant shall, upon demand, execute and deliver to Landlord a letter of acceptance of delivery of the premises. In the event of any dispute as to substantial completion of work performed, execute or required to be performed by Landlord, the certificate of Landlord's architect or general contractor shall be conclusive.

  • Commencement Date The Subcontractor shall be permitted to begin the Services on ______________________, 20____ (“Commencement Date”).

  • Start Date The parental leave must begin no later than 52 weeks after the day the child is born or comes into the custody, care and control of the parent for the first time for provincially or federally regulated employees. The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the care and control of the parent for the first time.

  • Pre-Commencement Phase Services The services required to be provided by the Contractor for the Pre- Commencement Phase of the Project in accordance with the Contract Documents.

  • DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: § 3.2 The Contract Time shall be measured from the date of commencement of the Work.

  • Commencement of Services The Services will be commenced immediately upon receipt of the signed Proposal (the “Agreement”). If after commencement of the Services, the Project is delayed for any reason beyond Xxxxxxxxx’x control for more than 60 days, the terms and conditions contained herein will be subject to revision by Xxxxxxxxx. Subsequent modifications to this Agreement must be in writing and signed by the parties to the Agreement.

  • Lease Commencement Notwithstanding anything contained herein to the contrary, if Lessor, for any reason whatsoever, including Lessor's negligence except as provided for in Article 27(b), cannot deliver possession of the Premises, as provided for in Article 27(a), to Lessee at the commencement of the agreed Term as set forth in Article 2, this Lease shall not be void or voidable, nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom, but in that event, the Term shall be for the full term as specified above to commence from and after the date Lessor shall have delivered possession of the Premises to Lessee or from the date Lessor would have delivered possession of the Premises to Lessee but for Lessee's failure to timely supply to Lessor such drawings and/or information required by Exhibit C or for any other reason attributable to Lessee (herein the "Commencement Date") and to expire midnight of the day immediately preceding Term anniversary of the Commencement Date, and if requested by Lessor, Lessor and Lessee shall, ratify and confirm said Commencement and Expiration Dates by completing and signing Exhibit G attached hereto and made a part hereof.

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