Performance of Remedial Work Sample Clauses

Performance of Remedial Work. Whenever Contractor proposes remedial Work pursuant to Section 6.10: (a) Contractor shall submit a plan for the performance of such remedial Work (“Remedial Plan”) to Company for review and approval, given in Company’s commercially reasonable discretion. Each Remedial Plan shall, at a minimum, specify (i) the remedial Work that Contractor proposes to perform, (ii) the commencement date of such remedial Work, (iii) the component that will be tested after such remedial Work is performed, (iv) the tests in addition to the Guarantee Test (if any) that will be performed on such component or Materials and (v) any required shut-down of the Facility for such remedial Work and tests. Company shall, and shall use its commercially reasonable efforts to cause the other members of Company Group to, reasonably cooperate with Contractor in the implementation of the Remedial Plan. (b) The remedial Work described in the Remedial Plan shall (i) be designed and intended to cause the Facility to minimize if not eliminate any shortfalls in satisfying all Performance Guarantees, without material negative effects on any part of the Facility (including long-term effects), (ii) have a reasonable probability of success, (iii) not involve a material risk of damaging any part of the Facility, and (iv) incorporate reasonable measures to minimize disruption to the production, storage, or dispatch of LNG by Company. (c) If a Remedial Plan is approved by Company in writing, Contractor shall proceed with all due dispatch to carry out and complete the remedial Work and repeat the Guarantee Test and any other tests required by this Agreement in respect of the Work and/or the Facility, and remove from the Site any defective or rejected Work or parts of the Facility, as may be applicable, all at Contractor’s own risk and expense.
Sample 1
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Performance of Remedial Work. In the exercise of its right to take over and complete Work, or if LMDC terminates this Contract by reason of a breach by Contractor, in either case for which provision is made in Article 35 hereof, LMDC shall have the right to take possession of and use or permit the use of any and all plant, materials, equipment and other facilities provided by Contractor for the purpose of the Work and Contractor shall not remove any of the same from the site of the Work without express permission. Unless expressly directed to discontinue the performance of all Work, or unless LMDC terminates this Contract, Contractor shall continue to perform the remainder thereof in such manner as in no way will hinder or interfere with the portions taken over by LMDC. In the certificate of total compensation earned, for which provision is made in Article 9 hereof, the certificate shall separately state the amount of Work so performed by LMDC, or incurred by LMDC to engage another contractor or contractors to complete the portion of the Work left unfinished by Contractor upon a termination by LMDC for Contractor's breach of this Contract; shall credit to LMDC the cost thereof; and shall credit to Contractor (as if Contractor had received the same) the compensation earned with respect thereto; and the difference between them shall be payable by Contractor to LMDC, or vice versa as the case may be. If such difference is in its favor, LMDC may deduct it from any moneys due Contractor, and if such moneys be insufficient, the balance thereof shall be payable to LMDC within thirty (30) days of demand therefor (with interest on any balance not paid by such thirtieth day at the annual interest rate specified in Article 10); if in Contractor's favor, it shall constitute part of the Final Payment. The exercise by LMDC of its right to take over the Work, or to complete unfinished Work after a termination of this Contract for a breach of it by Contractor, shall not release Contractor or Contractor's sureties from any of Contractor's or such sureties' obligations or liabilities under this Contract or the Performance and Payment Bond.
Sample 1

Related to Performance of Remedial Work

  • Performance of Replacements (a) Borrower shall make Replacements when required in order to keep the Property in condition and repair consistent with other similar properties in the same market segment in the metropolitan area in which the Property is located, and to keep the Property or any portion thereof from deteriorating. Borrower shall complete all Replacements in a good and workmanlike manner as soon as practicable following the commencement of making each such Replacement. (b) Lender reserves the right, at its option, to approve all contracts or work orders with materialmen, mechanics, suppliers, subcontractors, contractors or other parties providing labor or materials under contracts for an amount in excess of $100,000 in connection with the Replacements performed by Borrower. Upon Lender's request, Borrower shall assign any contract or subcontract to Lender. (c) In the event Lender determines in its reasonable discretion that any Replacement is not being performed in a workmanlike or timely manner or that any Replacement has not been completed in a workmanlike or timely manner, and such failure continues to exist for more than thirty (30) days after notice from Lender to Borrower, Lender shall have the option, upon ten (10) days notice to Borrower (except in the case of an emergency), to withhold disbursement for such unsatisfactory Replacement and to proceed under existing contracts or to contract with third parties to complete such Replacement and to apply the Replacement Reserve Fund toward the labor and materials necessary to complete such Replacement, and to exercise any and all other remedies available to Lender upon an Event of Default hereunder. (d) In order to facilitate Lender's completion or making of the Replacements pursuant to Section 7.3.3

  • Performance of the Work The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.

  • Performance of Reviews The RIRs shall send a request for review to the Operator per email, where they shall specify the areas they request a review for. The Operator must comply with the request by providing the requested information within working days. The review may include an onsite inspection. In this case the RIRs and the Operator must agree on a specific date for the inspection to take place, which may not be later than sixty calendar days from the date of the request.

  • PERFORMANCE OF DUTY 25.1 The Employer and the Union acknowledge that this Agreement provides, through the Grievance Procedure contained therein, for an orderly settlement of grievances or disputes which may arise between the parties. Accordingly, the parties agree that the public interest requires the uninterrupted performance of all University services and to this end pledge to prevent or eliminate any conduct contrary to that objective. Therefore, during the life of this Agreement there shall be no work stoppage or any other form of concerted job action by employees in the bargaining units, nor will the Union authorize or condone such activity in form. 25.2 Should the employees engage in any unauthorized concerted action, a Joint Labor/Management Committee shall immediately convene and shall continue to meet until the dispute is settled, and the employees involved shall immediately return to work and continue working. Any employee who refuses to perform his/her work may be subject to disciplinary action. 25.3 There will be no strike or lockout regarding any matters pertaining to the contents of this Agreement. 25.4 Any action of the Employer in closing the University during any unauthorized concerted action, riot, or civil disturbance for the protection of the institution, its property, or its employees shall not be deemed a lockout. 25.5 Employees covered by this Agreement who would engage in any prohibited activity as defined above shall be subject to disciplinary action by the Employer, including discharge.

  • Performance and Compliance with Collateral The Borrower will, at the Borrower’s expense, timely and fully perform and comply (or, by exercising its rights thereunder, cause the Seller to perform and comply pursuant to the Sale Agreement) with all provisions, covenants and other promises required to be observed by it under the Collateral, the Transaction Documents and all other agreements related to such Collateral.

  • The Performance Improvement Process (a) The Performance Improvement Process will focus on the risks of non- performance and problem-solving. It may include one or more of the following actions: (1) a requirement that the HSP develop and implement an improvement plan that is acceptable to the LHIN; (2) the conduct of a Review; (3) a revision and amendment of the HSP’s obligations; and (4) an in-year, or year end, adjustment to the Funding, among other possible means of responding to the Performance Factor or improving performance. (b) Any performance improvement process begun under a prior service accountability agreement that was not completed under the prior agreement will continue under this Agreement. Any performance improvement required by a LHIN under a prior service accountability agreement will be deemed to be a requirement of this Agreement until fulfilled or waived by the LHIN.

  • Maintenance of REIT Status In the case of the Parent Guarantor, at all times, conduct its affairs and the affairs of its Subsidiaries in a manner so as to continue to qualify as a REIT for U.S. federal income tax purposes.

  • Performance by Agent If the Borrower shall fail to perform any covenant, duty or agreement contained in any of the Loan Documents, the Agent may perform or attempt to perform such covenant, duty or agreement on behalf of the Borrower after the expiration of any cure or grace periods set forth herein. In such event, the Borrower shall, at the request of the Agent, promptly pay any amount reasonably expended by the Agent in such performance or attempted performance to the Agent, together with interest thereon at the applicable Post-Default Rate from the date of such expenditure until paid. Notwithstanding the foregoing, neither the Agent nor any Lender shall have any liability or responsibility whatsoever for the performance of any obligation of the Borrower under this Agreement or any other Loan Document.

  • 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 of Services The Contractor is responsible for fully meeting all obligations set forth in the Contract and for providing Product in accordance with the Contract or any Authorized User Agreement.

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