Provision of Performance Assurance Sample Clauses

Provision of Performance Assurance. Seller shall be required to post Performance Assurance in the amount as specified on the System Identification Form no later than fourteen (14) calendar days after the date of the decision by the Illinois Commerce Commission approving the results of the procurement event for which this Agreement is based. Seller's failure to provide said Performance Assurance as required may result in automatic termination of this Agreement and the forfeiture of any Performance Assurance under this Agreement previously posted by Seller.
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Provision of Performance Assurance. Seller shall be required to post Performance Assurance in the amount as specified on the Cover Sheet by the Effective Date to secure Seller's obligations under this Agreement. Seller's failure to provide said Performance Assurance as required shall result in automatic termination of this Agreement. ONLY
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Provision of Performance Assurance. Seller shall be required to post Performance Assurance in the amount as specified on the System Identification Form no later than fourteen (14) calendar days after the date of being notified of the decision by the Illinois Commerce Commission approving the results of the procurement event for which this Agreement is based. Seller's failure to provide said Performance Assurance as required may result in automatic termination of this Agreement and the forfeiture of any collateral associated with this Agreement previously posted by Seller. If on the Effective Date of the Agreement, Performance Assurance held by Buyer exceeds the amount as specified on the System Identification Form, Buyer shall return the excess as soon as practicable in accordance with the practices of the Illinois State Comptroller’s Office if such Performance Assurance is in the form of cash. If Performance Assurance is in the form of a Letter of Credit, then Buyer shall return the excess amount upon receipt of a Letter of Credit amendment for the reduced amount from Seller, or cancel the Letter of Credit upon receipt of a replacement Letter of Credit for the reduced amount.
Sample 1
Provision of Performance Assurance. Seller shall be required to post Performance Assurance in the amount and form as specified on the Cover Sheet within fifteen (15) Business Days of the Effective Date to secure Seller's obligations under this Agreement. Seller's failure to provide said Performance Assurance as required shall result in automatic termination of this Agreement.
Sample 1
Provision of Performance Assurance. Customer shall be required to post Performance Assurance in the amount as specified on the Cover Sheet by the Effective Date to secure Customer's obligations under this Agreement. Customer's failure to provide said Performance Assurance as required shall result in automatic termination of this Agreement.‌
Sample 1
Provision of Performance Assurance. The required amount of Performance Assurance is twenty-five dollars ($25) per kW (AC) of the nameplate capacity of the proposed Project. The Performance Assurance must be provided to the appropriate EDC at the time of Bid submission. Only
Sample 1
Provision of Performance Assurance. If a Material Adverse Change occurs with respect to a Party, such Party may cure the Event of Default which would otherwise be caused by such Material Adverse Change by providing Performance Assurance until such Material Adverse Change no longer exists in an amount equal to one hundred percent (100%) of the Termination Amount whichthat would be payable from time to time by the Party which has experienced the Material Adverse Change if an Early Termination Date occurred prior to the date on which the Material Adverse Change no longer exists. The amount of the required Performance Assurance shall be recalculated monthly on the first day of each month.
Sample 1
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Provision of Performance Assurance. Bidders will be required to post Performance Assurance in an amount equal to the project size in kW (AC) * FOR $25.00, and Performance Assurance shall not accrue interest. The Performance Assurance must be provided to the EDC on, or before, the Bid deadline of 1:00pm EST on November 18, 2021 to secure Seller's obligations under this Agreement. Seller's failure to provide said Performance Assurance as required shall result in automatic disqualification of the Bid without opportunity to cure. REFERENCE
Sample 1

Related to Provision of Performance Assurance

  • Standard of Performance Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

  • Suspension of Performance Notwithstanding any other provision hereof, if an Event of Default or a Potential Event of Default has occurred and is continuing, the Non-Defaulting Party, upon written notice to the Defaulting Party, has the right (i) to suspend performance under any or all Transactions and (ii) to the extent an Event of Default has occurred and is continuing, to exercise any remedy available at law or in equity, except as limited be Section 5.7.

  • Assurance of Performance If at any time the COUNTY has good objective cause to believe CONTRACTOR may not be adequately performing its obligations under this Agreement or that CONTRACTOR may fail to complete the Services as required by this Agreement, COUNTY may request from CONTRACTOR prompt written assurances of performance and a written plan acceptable to COUNTY, to correct the observed deficiencies in CONTRACTOR’s performance. CONTRACTOR shall provide such written assurances and written plan within thirty (30) calendar days of its receipt of COUNTY’s request and shall thereafter diligently commence and fully perform such written plan. CONTRACTOR acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.

  • Prevention of Performance The Custodian will not be responsible for any failure to perform any of its obligations (nor will it be responsible for any unavailability of funds credited to the Cash Account) if such performance is prevented, hindered or delayed by a Force Majeure Event, in such case its obligations will be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Custodian, such as restrictions on convertibility or transferability, requisitions, involuntary transfers, unavailability of communications system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government.

  • Manner of Performance Subject to the provisions of Article XII hereof, the Contractor shall perform all of the Work described in the Statement of Work, or cause such Work to be performed in an efficient and expeditious manner and in accordance with all of the terms and provisions of this Agreement. The Contractor shall perform the Work in accordance with the current professional standards and with the diligence and skill expected for the performance of work of the type described in the Statement of Work. The Contractor shall furnish such personnel and shall procure such materials, machinery, supplies, tools, equipment and other items as may reasonably be necessary or appropriate to perform the Work in accordance with this Agreement.

  • Payment of Performance Shares Payment of any Performance Shares that become earned as set forth herein will be made in the form of Common Shares, in cash, or in a combination of the two, as determined in the sole discretion of the Committee. Payment will be made as soon as practicable after the receipt of audited financial statements of the Corporation relating to the last fiscal year of the Performance Period and with respect to Covered Employees, the determination by the Committee of the level of attainment of the Management Objectives. Performance Shares will be forfeited if they are not earned at the end of the Performance Period and, except as otherwise provided in this Agreement, if the Grantee ceases to be employed by the Corporation or a Subsidiary at any time prior to such shares becoming earned.

  • Excuse of Performance Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller's reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

  • Suspension of Performance Disbursement Into Court If at any time, there shall exist any dispute between the Company and the Investor(s) with respect to holding or disposition of any portion of the Escrow Funds or any other obligations of Escrow Agent hereunder, or if at any time Escrow Agent is unable to determine, to Escrow Agent's sole satisfaction, the proper disposition of any portion of the Escrow Funds or Escrow Agent's proper actions with respect to its obligations hereunder, or if the parties have not within thirty (30) days of the furnishing by Escrow Agent of a notice of resignation pursuant to Section 9 hereof, appointed a successor Escrow Agent to act hereunder, then Escrow Agent may, in its sole discretion, take either or both of the following actions:

  • Timing of Payment of Performance When the payment of any obligation or the performance of any covenant, duty or obligation is stated to be due or performance required on a day which is not a Business Day, the date of such payment (other than as described in the definition of Interest Period) or performance shall extend to the immediately succeeding Business Day.

  • Guaranty of Performance Each Guarantor also guaranties the full, prompt and unconditional performance of all obligations and agreements of every kind owed or hereafter to be owed by the Borrower to the Agent or the Lenders under the Credit Agreement and the other Loan Documents to which the Borrower is a party. Every provision for the benefit of the Agent or the Lenders contained in this Guaranty shall apply to the guaranty of performance given in this paragraph.

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