Project Performance Schedule Sample Clauses

Project Performance Schedule. 4.1 The Applicant and the City have jointly established the Project Performance Schedule, as described on Exhibit B. The Applicant shall timely perform its obligations set forth on the Project Performance Schedule. The Project Performance Schedule shall not be modified without the prior written consent of the City, which consent may be withheld in its sole discretion.
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Project Performance Schedule. The City and the Developer have jointly established the following dates for the Developer’s and the City’s obligations under this Agreement (collectively, the “Performance Schedule”): (a) The City shall: (1) Use commercially reasonable efforts to Substantially Complete the City Wetlands Mitigation by December 31, 2023; (2) Use commercially reasonable efforts to Commence Construction of the Access Road Extension Project within twelve (12) months of the date of Closing on the Project Parcel; (3) Use commercially reasonable efforts to Substantially Complete the Access Road Extension Project by November 30, 2025; (4) Provided Developer has provided 60% engineered design plans contemplated in Exhibit D on or before December 31, 2023 to the City, use commercially reasonable efforts to Substantially Complete the Rail Extension Project by June 30, 2026; (b) Developer shall use commercially reasonable efforts to obtain permits as necessary to Commence Construction of the Initial Improvements and continue to Substantial Completion thereof without any Impermissible Delays by January 1, 2025. (c) Developer shall Commence Construction of the Initial Improvements by January 1, 2025 (the “Commencement of Construction Date”), and construction of the Initial Improvements thereafter shall proceed without any Impermissible Delays through Substantial Completion thereof. (d) Developer shall have Substantially Completed construction of the Initial Improvements by no later than December 31, 2028 (the “Completion Date”); provided, however, the parties acknowledge and agree that the machinery and equipment will be installed within six
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Project Performance Schedule. The Parties have jointly established the following dates for their respective obligations under this Agreement (collectively, the “Performance Schedule”): (a) DCFA shall obtain all Permit Approvals and fulfill all other preconditions as necessary to Commence Construction of the DCFA Improvements and pursue the same to Substantial Completion without Impermissible Delays by June 1, 2024, subject to any delays directly caused by City in timely completing the City Improvements. (b) The City shall use commercially reasonable efforts to complete site clearing and rough grading of the DCFA Parcel as necessary for DCFA to Commence construction of the DCFA Improvements by December 31, 2023 and shall give DCFA written notice of completion of same (the “Site Work Completion Notice”). (c) Upon satisfaction of subparagraph (a) above by DCFA, the Parties shall enter into the Ground Lease and DCFA shall Commence Construction of the DCFA Improvements by no later than sixty (60) days after receipt of the Site Work Completion Notice (the “Commencement of Construction Date”), and construction of the DCFA Improvements shall proceed without any Impermissible Delays through Substantial Completion. (d) The City shall use commercially reasonably efforts to complete the City Improvements by no later than June 1, 2025. (e) DCFA shall achieve Substantial Completion of the DCFA Improvements by no later than nineteen (19) months after the Commencement of Construction Date, but no later than June 1, 2025 (the “DCFA Improvements Completion Date”). Upon Substantial Completion of the DCFA Improvements, DCFA intends to enter into the Joint-Use Agreement, subject to the City’s written consent to the terms and conditions thereof. In the event the Joint-Use Agreement is approved by the City and entered into by DCFA, the City shall cause any subsequent operator of the Equestrian Center to enter into the same or substantially the same agreement with DCFA For the use of the Equestrian Center. The obligations of the City set forth in this paragraph shall survive the expiration or termination of this Agreement, and expire upon the termination or expiration of the Ground Lease. The City and DCFA have approved this Performance Schedule. By the execution hereof, and subject to the terms of this Agreement, DCFA hereby agrees to undertake and complete the construction and development of the DCFA Improvements in accordance with this Agreement and the Performance Schedule, and to comply with all of DCFA’...
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Related to Project Performance Schedule

  • Performance Schedule The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

  • KEY PERFORMANCE INDICATORS 10.1 The Supplier shall at all times during the Framework Period comply with the Key Performance Indicators and achieve the KPI Targets set out in Part B of Framework Schedule 2 (Goods and/or Services and Key Performance Indicators).

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

  • Performance Delay Time is of the essence in the Vendor’s performance of this Agreement. If at any time it appears to Vendor that it may not meet any of the performance schedules or the scheduled completion date of the services to be performed for any reason, including labor disputes, Vendor shall immediately by verbal means (to be confirmed in writing) notify Customer of the reasons for and the estimated duration of such delay. If requested by Customer, Vendor shall make every effort to avoid or minimize the delay to the maximum extent possible including the expenditure of premium time. Any additional cost caused by these requirements of Customer shall be borne by Vendor, unless the delay in performance arises out of causes beyond the control and without the fault or negligence of Vendor or its subcontractors within the meaning of the Cancellation- Default clause herein. The foregoing requirements are in addition to any of Customer’s other rights and remedies as may be provided by law or this Agreement.

  • 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.

  • Project Goals The schedule, budget, physical, technical and other objectives for the Project shall be defined.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

  • Performance Levels (a) The Performance Levels which apply to the performance by the respective Parties of their obligations under this Agreement are set out in Part 1 of Schedule 5. A failure by either Party to achieve the relevant Performance Level will not constitute a breach of this Agreement and the only consequences of such failure as between the Parties shall be the consequences set out in this Clause 5.6. (b) If the Operator does not comply with the Operator Performance Level then the Access Holder must pay to QR Network the amount determined in accordance with Schedule 5 as part of the invoice issued by QR Network for Access Charges and other charges for the Billing Period immediately following QR Network becoming entitled to that amount. Where there is no next Billing Period, the Operator must pay such amount to QR Network within fourteen (14) days after receipt of a Tax Invoice from QR Network. (c) If QR Network does not comply with the QR Network Performance Level then QR Network will credit to the Access Holder the amount determined in accordance with Schedule 5 by way of a deduction from the invoice issued by QR Network for Access Charges and other charges for the Billing Period immediately following the Access Holder becoming entitled to that amount. Where there is no next Billing Period, QR Network must pay such amount to the Access Holder within fourteen (14) days after receipt of a Tax Invoice from the Access Holder. (d) The Parties must, if requested by either Party, meet to review the Performance Levels subject to such review not occurring within six (6) Months after the Commitment Date or any previous review of the Performance Levels. If either Party notifies the other that it considers that the Performance Levels are no longer appropriate, the Parties may agree on varied Performance Levels and any associated variations to the Agreement including the Base Access Charges and the Train Service Description. If the Parties are unable to agree to such variations, then the existing Performance Levels shall continue to apply unless varied by QR Network in accordance with the provisions of Clause 5.6(e). (e) In the event that the Access Holder and/or the Operator (i) does not comply in any material respect with the Train Service Description; and (ii) the Access Holder fails to demonstrate to the reasonable satisfaction of QR Network when requested to do so, that the Access Holder will consistently comply with the Train Service Description for the remainder of the Term then, following consultation with the Access Holder, QR Network will be entitled to: (iii) vary the Train Service Description to a level it reasonably expects to be achievable by the Access Holder for the remainder of the Term having regard to the extent of previous compliance with the Train Service Description (ignoring, for the purpose of assessing previous compliance, any non-compliance to the extent that the non-compliance was attributable to a Railway Operator (other than the Access Holder) or to QR Network); and (iv) vary the Agreement (including, without limitation, the Operator Performance Level and the Base Access Charges) to reflect the impact of the change in the Train Service Description. (f) The Access Holder shall be entitled to dispute any variation proposed by QR Network pursuant to Clause 5.6(e) and such dispute will be referred to an expert for resolution in accordance with Clause 17.3.

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