Sale of Equipment and Services Sample Clauses

Sale of Equipment and Services. Sales that may result in the exchange of merchandise and/or money are not permitted at the Esri Event.
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Sale of Equipment and Services. 1.1.7 Fuel System 41
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Sale of Equipment and Services. 1.3.3 Codes and Standards 52 1.4 Design Criteria 55 Attachment 3 Payment Schedule 56 Attachment 4 Schedule of Options 57 Attachment 5 Termination Schedule 58 Attachment 6 Lien Waiver Form 59 Attachment 7 Scheduled RTS Date(s) 60 Attachment 8 Test Procedures and Protocol 61 Attachment 9 Stamped Guarantee Sheet 62 Attachment 10 Seller Equal Employment Opportunity Certificate 63 Attachment 11 Typical Document List and Schedule 64 Attachment 12 Special Conditions for On-site Services 68 Attachment 13 Special Conditions for Training Services 72 Attachment 14 GE Parent Company Guarantee Template 75 Attachment 15 TYPICAL Spare Parts Lists 78 MMC Energy/ Chula Vista / Revision 6 / 25 January 2008
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Sale of Equipment and Services. THIS AGREEMENT (“Contract”) is entered into as of the Effective Date by and between: GE PACKAGED POWER, INC., a Delaware corporation, having a principal place of business at 0000 Xxxx Xxxx Xxxxx, Xxxxxxx, Xxxxx 00000 XXX (the “Seller”); and MMC Energy, Inc., a New York corporation, having a principal place of business at 00 Xxxxxxxx, Xxxxx 000, XX, XX, 00000 (the “Purchaser”). The Purchaser and the Seller are referred to herein individually as a “Party” and collectively as the “Parties”.
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Sale of Equipment and Services. 7.5 Shipment to Storage If any part of the Equipment cannot be shipped to the Purchaser when ready due to any cause not attributable to the Seller, the Seller may ship such Equipment to storage. If the Equipment is placed in storage, including storage at the facility where it is manufactured, the following conditions shall apply:
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Sale of Equipment and Services. In addition to the Performance Guarantees for output and heat rate, when tested in accordance with Attachment 8 and subject to the conditions set forth in Attachment 8 and Attachment 9, the Seller guarantees that each Unit will meet the Minimum Performance Criteria. If when first so tested, the Unit fails to meet the Minimum Performance Criteria, in lieu of liquidated damages, the Seller shall have a one-time duty to adjust and repair the Unit until the Minimum Performance Criteria is met (Must Meet Remedy). Notwithstanding the foregoing, the Seller shall have no liability to the Purchaser for liquidated damages for failure to achieve the Performance Guarantees with respect to any Unit unless the Purchaser suffers economic harm as a result of the failure of such Unit to achieve the Performance Guarantees. If the average performance of all Unit(s) exceeds the Performance Guarantees for either output or heat rate, then the Purchaser shall pay to the Seller as a bonus an amount calculated in accordance with the table below: MMC Energy/ Chula Vista / Revision 6 / 25 January 2008 GE AEPU.S. Contract Form Rev. 1 (February 10, 2003) ; JEA Rev Dec. 5, 2005 Contract For U.S. Based Sale of Equipment and Services Criterion Bonus Output 50% of the Liquidated Damage rate for output for each kW below the applicable Performance Guarantee for output Heat Rate 50% of the Liquidated Damage rate for heat rate for each btu/kWh (LHV) above the applicable Performance Guarantee for heat rate For avoidance of doubt, liquidated damages and/or bonus for output and heat rate shall be calculated on an individual Unit basis at each respective Site only, and not in the aggregate.
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Sale of Equipment and Services. The Purchaser shall keep proper records of operation and maintenance during the Warranty Period. These records shall be kept in the form of logsheets and copies shall be submitted to the Seller upon its request.
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Related to Sale of Equipment and Services

  • Sale of Equipment During the period from the date of such notice given pursuant to Section 10.1 to the Termination Date, Lessee, as non-exclusive agent for Lessor and, except as provided in Section 10.3, at Lessee's sole cost and expense, shall use reasonable best efforts to obtain bids from Persons other than Lessee, the Manager or any of their respective Affiliates for the cash purchase of the Terminated Units, and Lessee shall promptly, and in any event at least five Business Days prior to the proposed date of sale, certify to Lessor in writing the amount and terms of each such bid, the proposed date of such sale and the name and address of the party submitting such bid. Unless Lessor shall have elected to retain the Terminated Units in accordance with Section 10.3, on the Termination Date: (i) Lessee shall deliver the Terminated Units (excluding any optional Severable Modifications removed by Lessee pursuant to Section 9.2) to the bidder (which shall not be Lessee or Manager or an Affiliate of Lessee or Manager (for the avoidance of doubt the bidder may be a Customer, or a customer of the Manager, and neither the Manager nor any Affiliate shall be prohibited from managing the Units for such bidder after the purchase by such bidder)) that shall have submitted the highest cash bid prior to such date (or to such other bidder as Lessee and Lessor shall agree) and (ii) subject to the prior or concurrent receipt (x) by Lessor of all amounts owing to Lessor pursuant to the next sentence and (y) by the Persons entitled thereto of all unpaid Supplemental Rent due on or before the Termination Date, Lessor shall, without recourse or warranty (except as to the absence of any Lessor's Lien) simultaneously therewith transfer all of its right, title and interest in and to the Terminated Units to such bidder. The net proceeds of sale realized at such sale shall be paid to Lessor and, in addition, on the Termination Date, Lessee shall pay to Lessor (A) all Basic Rent with respect to such Terminated Units due and payable prior to the Termination Date (exclusive of any Basic Rent with respect to the Terminated Units due on such date), (B) the excess, if any, of (1) the Termination Amount for the Terminated Units computed as of the Termination Date over (2) the net cash sales proceeds (after the deduction of all applicable sales, transfer or similar taxes) of the Terminated Units, (C) an amount equal to any unpaid Late Payment Interest in respect of any Rent in respect of the Terminated Units not paid when due (including, for the avoidance of doubt, Rent corresponding to the principal amount of the Equipment Notes to be prepaid in accordance with Section 2.10(a) of the Indenture) and (D) all other Rent in respect of the Terminated Units (exclusive of any Basic Rent on the Terminated Units due on such date) then due and payable hereunder (which shall include, without limitation, a portion of the Policy Provider Amounts and Policy Provider Reimbursement Costs, if any, equal to the product obtained by multiplying the unpaid Policy Provider Amounts and Policy Provider Reimbursement Costs by a fraction, the numerator of which shall be the Equipment Cost of the Terminated Units and the denominator of which shall be the aggregate Equipment Costs of all Units then subject to this Lease and Late Payment Interest related thereto), so that, after receipt and application of all such payments, but without withdrawal from any CAA Accounts other than the applicable Non-Shared Payments Account, (i) Lessor shall be entitled under the terms of the Collateral Agency Agreement to receive, and does receive, taking into account all payments of Basic Rent, in respect of all such Units, the sum of the portion of the Accumulated Equity Deficiency Amount allocable to the Terminated Units and Late Payment Interest related thereto and any other amounts then due to Lessor and (ii) the Policy Provider has received the portion of Policy Provider Amounts and Policy Provider Reimbursement Costs calculated above. If no sale shall have occurred, whether as a result of Lessee's failure to pay all of the amounts hereinabove required or otherwise, this Lease shall continue in full force and effect with respect to such Units and Lessee agrees to reimburse Lessor, Policy Provider and the Indenture Trustee for all reasonable costs and expenses (including reasonable legal fees and expenses) incurred by any thereof in connection therewith. Lessee, in acting as agent for Lessor, shall have no liability to Lessor for failure to obtain the best price, shall act in its sole discretion and shall be under no duty to solicit bids publicly or in any particular market. Owner Participant shall have the right, but not the obligation, to obtain bids either directly or through agents other than Lessee.

  • Purchase of Equipment U.S. Forest Service funds may be used by the to purchase equipment necessary to accomplish activities described in this Supplemental Project Agreement. The available funding is displayed in the financial plan. Title to the equipment rests with the U.S. Forest Service, but may be transferred to the on completion of the project, if appropriate.

  • LEASE OF EQUIPMENT Lessor leases to Lessee, and Lessee leases from Lessor, all the property described in the Lease Schedules which are signed from time to time by Lessor and Lessee.

  • Equipment and Supplies Independent Contractor, at Independent Contractor's sole expense, shall provide all equipment, tools and supplies necessary to perform the Service.

  • SERVICES AND EQUIPMENT Section 21.01. Landlord shall, at its cost and expense:

  • Incidents of Sale of Equipment Notes Upon any sale of all or any part of the Equipment Notes made either under the power of sale given under this Agreement or otherwise for the enforcement of this Agreement, the following shall be applicable:

  • Dispositions of Equipment No Borrower shall sell, lease or otherwise dispose of any Equipment, without the prior written consent of Agent, other than (a) a Permitted Asset Disposition; and (b) replacement of Equipment that is worn, damaged or obsolete with Equipment of like function and value, if the replacement Equipment is acquired substantially contemporaneously with such disposition and is free of Liens.

  • Support Services HP’s support services will be described in the applicable Supporting Material, which will cover the description of HP’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported.

  • Maintenance of Equipment The Equipment shall be maintained in good operating condition and repair (reasonable wear and tear excepted) and all necessary replacements of and repairs thereto shall be made so that the value and operating efficiency of the Equipment shall be maintained and preserved. No Borrower shall use or operate the Equipment in violation of any law, statute, ordinance, code, rule or regulation. Each Borrower shall have the right to sell Equipment to the extent set forth in Section 4.3 hereof.

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