Project Performance. In consideration of the compensation provided for in this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry, and warrants all materials incorporated in the Project to be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 2.1 shall survive any inspection, delivery, acceptance or payment by FRISCO.
Project Performance. Recipient agrees to undertake, perform, provide, and complete all work and services and provide all labor, equipment, materials, and deliverables as set forth in the SOW appended hereto as Rider A and as contained in Recipient’s Response to RFP to the extent not in conflict with the SOW (the “Project Services”). Any terms and conditions that may appear in acknowledgements, invoices, or other documents of Recipient have no force or effect with respect to this Agreement and will not serve to alter, amend, or modify this Agreement or the SOW unless the Parties have expressly agreed to such new or additional terms in writing. Recipient will perform the Project Services in accordance with the terms of this Agreement, including the General Terms and Conditions set forth in Rider C and the Contract Provisions for Non-Federal Entity Contracts under Federal Awards set forth in Rider C-1.
Project Performance. Developer shall be afforded adequate Scheduled and Forced Outage provisions to facilitate necessary maintenance to the Project, provided that the average annual Net Energy Output from the facility during any five (5) year period shall not be less than _[amount that takes account of planned maintenance]_ MWh.
Project Performance. Claims for loss or damage first occurring after Project Final Completion arising from (i) bodily injury or property damage caused by the failure of the Construction Work to be executed in conformance with the Implementation Documents;
Project Performance above), allows Abandonment of the Project without the prior written consent of Utility, then Utility shall be entitled to enter the site and, in consultation with the Operating Committee established pursuant to Paragraph 8.6 (Operating Personnel) and Schedule 7 (Operating Committee), appoint a manager of suitable competence to manage and operate the Project, subject to the Technical Specifications of Schedule 6, and in accordance with Prudent Utility Practice until Developer demonstrates to the reasonable satisfaction of Utility that it can and will resume normal operations of the Project. During any period that Utility operates the Project pursuant to this Paragraph, Utility shall be entitled to receive only such consideration as is reasonable (a) to pay the manager, at a level commensurate with industry standards; and (b) to reimburse Utility for its reasonable and prudently incurred administrative, operational and other expenses, during and arising from its operation of the Project. Utility shall render a full accounting to Developer at regular intervals during the period of its operation of the Project pursuant to this Paragraph, and at the close of its management. Utility shall continue to make payments for Net Energy Output in accordance with Paragraph 2 (Sale and Purchase of Energy) and Schedule 2 (Calculation of Payments).
Project Performance. The Contractor shall commence project construction within six months after execution of the Final Contract, unless otherwise specified. Extension may be considered upon appropriate written request. Any changes are to be incorporated into this document as additions or amendments to Special Conditions. If at any time during the term of this agreement THE BOARD determines that project construction performance is unsatisfactory, including, but not limited to: (a) defective work not remedied, or (b) a reasonable doubt that the Contract can be completed for the balance then unpaid, THE BOARD reserves the right to withhold payments until the problem is remedied or to exercise its rights of termination under General Terms and Conditions 40, 41 and 42.
Project Performance any Security Party fails to perform or comply with its obligations and liabilities under any of the Project Documents to which it is party and such failure is not remedied (save in circumstances where such failure is waived by the relevant Project Counterparty, provided that Project Counterparty is not itself a Security Party) on or prior to the date falling thirty (30) days before the date on which the Project Counterparty to the relevant Project Document will become entitled to terminate that Project Document by reason of such failure and, in the opinion of the Facility Agent acting with the consent of and after consultation with the Majority Lenders, acting reasonably, such termination would have a Material Adverse Effect; or
Project Performance. The completed Project shall perform its intended functions as a complete, integrated operating system as explicitly described and as can be reasonably inferred from this Agreement.
Project Performance. The project sponsor shall comply with the project performance provisions of N.J.A.C. 7:22-3.30 and 7:22-4.30. As a minimum, unless further specified, the project performance standards shall consist of N.J.A.C. 7.10-11, “Standards for Construction of Public Community Systems”.
