Return of Performance Security Sample Clauses

Return of Performance Security. The Buyer shall return or release the Performance Security to the Seller, without deduction, other than prior deductions, if any, properly made hereunder, on the date that is 180 days after COD. No interest will be payable by the Buyer in connection with the Performance Security.
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Return of Performance Security. MDOT shall return the Performance Security to the Phase Developer within 15 days of the earlier of: (a) expiration of this Agreement under Section 3(a) (Effective Date and Term) or S ection 3(b) (Effective Date and Term); or (b) termination of this Agreement under Section 26.1 (Termination for Convenience), S ection 26.3 (Termination by Court Ruling), S ection 26.4 (Termination for Failure to A gree Form of Agreements) (subject to S ection 26.4(c) (Termination for Failure to Agree F orm of Agreements)), or S ection 26.5 (Termination for Loss of Financial Viability Caused by A Key Assumption That Is Incorrect).
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Return of Performance Security. ‌ (a) The BLPC shall promptly return / release all or any part of the Performance Security provided the RE Supplier has delivered the replacement Performance Security and such replacement Performance Security, together with any Performance Security not being returned or released, meets all the applicable requirements of this Section and there is no Performance Security Default in respect of any Performance Security not being returned or released. The return / release of the Performance Security shall be without prejudice to other rights of the RE Supplier under this Agreement. (b) The BLPC shall return or release all Performance Security held by the BLPC within twenty-one (21) Business Days after the end of the Term or after early termination of the PPA in accordance with the provisions of the PPA, provided all obligations and liabilities of the RE Supplier which have accrued up to such time, as well as those which have arisen upon early termination of the PPA, have been discharged. 4.1 PRE-COMMERCIAL OPERATION OBLIGATIONS‌
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Return of Performance Security. Subject to the exercise of its rights under clause 3.33.43 (“Recourse to Performance Security”), the Commonwealth must return the Performance Security, or any amount the Commonwealth is holding on trust pursuant to clause 3.3(b)3.43(b), to Project Operator within 10 Business Days after the earlier of: (a) the Commercial Operations Date; and (b) the date on which Project Operator has paid the full amount of the Early Termination Amount to the Commonwealth pursuant to clause 22.5(a)(i), (iii) or (iv) (as applicable) (“Termination payments”).
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Return of Performance Security. BC Hydro will return to Project Co any unused performance security held by it under Section 16.1 of this Schedule 11 [Prices, Payment and Security], after the Construction Period, or at such earlier time as BC Hydro may, in its sole discretion, consider appropriate. BC Hydro will return to Project Co any unused performance security held by it under Section 16.2 of this Schedule 11 [Prices, Payment and Security], on the earlier of the Termination Date or the commencement of Decommissioning, or at such earlier time as BC Hydro may, in its sole discretion, consider appropriate. [Issuing Bank Name & Address] Date of Issue: [Date] Irrevocable Standby Letter of Credit No. [Number] [Customer Name and Address] British Columbia Hydro and Power Authority [Address] [Currency and Amount both in letters and numbers] At the request of and for the account of the Applicant, we, [Bank Name], hereby establish in favour of the Beneficiary our irrevocable standby Letter Of Credit No. [Number] (hereinafter called the “Letter of Credit”) for an amount not exceeding [Currency and Amount both in letters and numbers]. We, [Bank Name and Address], hereby unconditionally and irrevocably undertake and bind ourselves, and our successors and assigns, to pay British Columbia Hydro and Power Authority (y“ ou”) immediately, the sum, which you claim upon receipt of the following documents: (1) your written demand specifying the amount claimed, the number of this Letter of Credit, and the date of issue of this Letter of Credit; and (2) this original Letter of Credit, including any amendments, must be presented with your demand for payment for endorsement purposes.
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Return of Performance Security. BC Hydro will return to the Contractor any unused Performance Security held by it under Section 3 of this Schedule 11 [Prices and Payment] after such Performance Security ceases to be of any force and effect in accordance with Section 3 of this Schedule 11 [Prices and Payment], or at such earlier time as BC Hydro may, in its discretion, consider appropriate. If the Contract is terminated pursuant to Section 16 or 17 of Schedule 2 [General Conditions], the Contractor is entitled to replace any Performance Security required during the Warranty Period in accordance with Section 3.2of this Schedule 11 [Prices and Payment] provided that the Contract Price will be the amount of Work completed to the effective date of termination.
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Return of Performance Security. Subject to the provisions of this Agreement, the authority shall return the Performance Security to the consultant within 90 (ninety) days without any interest following the expiry or prior termination of this Agreement, as the case may be, provided that there are no outstanding claims of the authority on the consultant in terms hereof in which event amount of outstanding claims shall be appropriated from Performance Security.
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Related to Return of Performance Security

  • Release of Performance Security (i) The Authority shall return the Performance Security to the Contractor within 60 (sixty) days of the expiry of the Maintenance Period or the Defects Liability Period, whichever is later, under this Agreement. Notwithstanding the aforesaid, the Parties agree that the Authority shall not be obliged to release the Performance Security until all Defects identified during the Defects Liability Period have been rectified. (ii) The Authority shall return the Additional Performance Security to the Contractor within 28 (twenty eight) days from the date of issue of Completion Certificate under Article 12 of this Agreement. (iii) The Authority shall be liable to pay interest @ 9% (nine per cent) per annum for any delay in the return of Performance Security and Additional Performance Security, if any, beyond the period prescribed above for the period of delay.

  • Appropriation of Performance Security (i) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages for such Contractor’s Default. (ii) Upon such encashment and appropriation from the Performance Security, the Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial appropriation, to its original level the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Contractor shall, within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Authority shall be entitled to terminate the Agreement in accordance with Article 23. Upon replenishment or furnishing of a fresh Performance Security, as the case may be, as aforesaid, the Contractor shall be entitled to an additional Cure Period of 30 (thirty) days for remedying the Contractor’s Default, and in the event of the Contractor not curing its default within such Cure Period, the Authority shall be entitled to encash and appropriate such Performance Security as Damages, and to terminate this Agreement in accordance with Article 23.

  • Grant of Performance Shares Pursuant to the provisions of (i) the Plan, (ii) the individual Award Agreement governing the grant, and (iii) these Terms and Conditions, the Employee may be entitled to receive Performance Shares. Each Performance Share that becomes payable shall entitle the Employee to receive from the Company one share of the Company's common stock (“Common Stock”) upon the expiration of the Incentive Period, as defined in Section 2, except as provided in Section 13. The actual number of Performance Shares an Employee will receive will be calculated in the manner described in these Terms and Conditions, including Exhibit A, and may be different than the Target Number of Performance Shares set forth in the Award Agreement.

  • Covenants of Performance Measurement No interference. Registry Operator shall not interfere with measurement Probes, including any form of preferential treatment of the requests for the monitored services. Registry Operator shall respond to the measurement tests described in this Specification as it would to any other request from an Internet user (for DNS and RDDS) or registrar (for EPP). ICANN testing registrar. Registry Operator agrees that ICANN will have a testing registrar used for purposes of measuring the SLRs described above. Registry Operator agrees to not provide any differentiated treatment for the testing registrar other than no billing of the transactions. ICANN shall not use the registrar for registering domain names (or other registry objects) for itself or others, except for the purposes of verifying contractual compliance with the conditions described in this Agreement. PUBLIC INTEREST COMMITMENTS Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on 27 June 2013 in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website. (Intentionally omitted. Registry Operator has not included commitments, statements of intent or business plans provided for in its application to ICANN for the TLD.) Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at xxxx://xxx.xxxxx.xxx/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request. Registry Operator will operate the TLD in a transparent manner consistent with general principles of openness and non-discrimination by establishing, publishing and adhering to clear registration policies.

  • Grant of Performance Units Capital One hereby grants to you an award of Units with a Target Award, as indicated on the Grant Notice. The maximum payout for this award is 150% of the Target Award plus accrued dividends pursuant to Section 6. The Units shall vest and the underlying shares of common stock of Capital One, $.01 par value per share (such underlying shares, the “Shares”), shall be issuable only in accordance with the provisions of this Agreement and the Plan.

  • Monitoring of Performance Vendor shall continuously monitor and record its performance to ensure that all of Vendor's responsibilities and obligations hereunder are being met and fulfilled. Citizens may conduct programmatic and other administrative contract monitoring during the term of this Agreement. The purpose of this monitoring is to ensure that all of Vendor's responsibilities and obligations are being met and fulfilled. Such monitoring may include on-site visits, report reviews, invoice reviews, compliance reviews, and a review of any other areas reasonably necessary. Vendor acknowledges and agrees that Citizens may also monitor and record Vendor Staff communications to the extent they occur within or are connected to any Citizens’ resource, such as electronic or telecommunications systems.

  • Prohibition of Performance Requirements 1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to the WTO Agreement (TRIMs), which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement. 2. Member States shall undertake joint assessment on performance requirements no later than 2 years from the date of entry into force of this Agreement. The aim of such assessment shall include reviewing existing performance requirements and considering the need for additional commitments under this Article.

  • Grant of Performance Stock Units Subject to the terms of this Agreement, and the Incentive Plan, effective as of the Grant Date the Participant is hereby granted [Number] Performance Stock Units (the “Target Performance Units”). This Award contains the right to dividend equivalents (“Dividend Equivalents”) with respect to Earned Performance Units (as defined in Section 3(a)) as described in Section 4. Each Performance Stock Unit awarded hereunder shall become earned and vested as described in Section 3 and each Earned Performance Unit (and associated Earned Dividend Equivalents thereon as described in Section 4) shall be settled in accordance with Section 5.

  • 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.

  • Grant of Performance Share Units The Company hereby grants to the Participant the Target Number of PSUs Granted, effective as of the Date of Award and subject to the terms and conditions of the Plan and this Award Agreement. Each PSU represents the unsecured right to receive a number of Shares, if any, in accordance with the terms and conditions of this Award Agreement. The Participant shall not be required to pay any additional consideration for the issuance of the Shares, if any, upon settlement of the PSUs.

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