SGF Performance and Corrective Actions Sample Clauses

SGF Performance and Corrective Actions. (a) Contractor warrants and guarantees that, subject to the provisions of paragraph (c) below, by the Guaranteed Substantial Completion Date for each SGF, SGF Production Tests will have demonstrated achievement of the Predicted AC Energy Output with respect to such SGF in accordance with the provisions of Attachment IV. If the SGF Production Test does not demonstrate by such date that such Predicted AC Energy Output has been achieved, then, subject to the provisions of paragraph (c) below, Contractor shall continue its efforts to cause the SGF to achieve the Predicted AC Energy Output, while paying Delay Damages pursuant to Section 7.3. Substantial Completion shall be deemed to occur with respect to such SGF, and Delay Damages shall cease to accrue with respect to such SGF, upon the satisfactory achievement of the Predicted AC Energy Output for that SGF as demonstrated by the SGF Production Test, provided that all other requirements for Substantial Completion have been and remain satisfied. (b) Notwithstanding the foregoing, in no event will Contractor be entitled to continue its efforts to achieve correct performance beyond the date that is thirty (30) days after the Guaranteed Substantial Completion Date, unless Owner and Authority consent thereto in writing and Contractor continues paying Delay Damages. After such thirty (30) day period (or such longer period as may be agreed by Owner and Authority as stated above), Owner may exercise its remedies for termination due to a Contractor Event of Default as provided in this Agreement. (c) Contractor’s warranty with respect to the Predicted AC Energy Output does not apply, and Contractor shall not be obligated to provide the remedies stated in the above paragraphs, to the extent Contractor establishes that the failure to achieve the Predicted AC Energy Output is due to inherent defects in Owner-Furnished Materials or in Owner-Furnished Engineering not caused or exacerbated by Contractor or its Subcontractors, or to conditions that would excuse Contractor from its warranty obligations under ARTICLE 13. In the event that it is determined that the shortfall in Predicted AC Energy Output is partly due to Contractor’s failure to perform in accordance with the requirements of this Agreement, Contractor shall be responsible for a "Pro-Rata Share" of Delay Damages accruing solely due to the failure to achieve the Predicted AC Energy Output. The "Pro-Rata Share" shall be determined according to a comparative fault ana...
Sample 1
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SGF Performance and Corrective Actions. (a) Contractor warrants and guarantees that, subject to the provisions of paragraph (c) below, that following Substantial Completion Date for each SGF, SGF Production Tests will have demonstrated achievement of the Predicted AC Energy Output with respect to such SGF in accordance with the provisions of Attachment IV. If the SGF Production Test does not demonstrate by such date that such Predicted AC Energy Output has been achieved, then, subject to the provisions of paragraph (c) below, Contractor shall continue its efforts to cause the SGF to achieve the Predicted AC Energy Output. (b) [Reserved] (c) Contractor’s warranty with respect to the Predicted AC Energy Output applies, and Contractor shall be obligated to provide the remedies stated in the above, only to the extent Owner establishes that the failure to achieve the Predicted AC Energy Output is due to defects in Contractor’s Work and that conditions that would excuse Contractor from its warranty obligations under ARTICLE 13 do not apply
Sample 1

Related to SGF Performance and Corrective Actions

  • 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.

  • Employee Performance Review When a formal review of an employee’s performance is made, the employee concerned shall be given an opportunity to discuss, sign and make written comments on the review form in question and the employee is to receive a signed copy to indicate that its contents have been read. An employee shall be entitled to a minimum of two (2) work days to review the performance review prior to providing any response to the Employer, verbally or in writing, with respect to the evaluation.

  • Review of Performance The Board of Directors shall periodically review and evaluate the performance of Employee under this Employment Agreement with Employee.

  • Commencement of Performance This Agreement is of no force and effect until signed by both parties and all JBE-required approvals are secured. Any commencement of performance prior to Agreement approval shall be at Contractor's own risk.

  • Standards of Performance Provider must perform all Services required of it under this Agreement with that degree of skill, care, and diligence normally shown by a Provider performing services of a scope, purpose, and magnitude comparable with the nature of the Services to be provided under this Agreement. Provider acknowledges that, if in the course of providing Services hereunder, it is entrusted with or has access to valuable and confidential information and records of the Board, Provider agrees to be held to the standard of care of a fiduciary with respect to that information. Any review, approval, acceptance of Services or deliverables, or payment by the Board for any Services does not relieve Provider of its responsibility for the professional skill and care and technical accuracy of its Services and deliverables. This provision in no way limits the Board’s rights against Provider under this Agreement, at law or in equity. When and where applicable, all members of Provider’s staff must hold and maintain throughout the Term and any Renewal Term, valid certificates and/or licenses from the State of Illinois or such other relevant jurisdiction that authorize those individuals to perform the Services. Provider agrees to promptly furnish a copy of the license(s) of any and all direct service providers to the Board on request. Throughout the Term and any Renewal Term, Provider must maintain and use sufficient staff to assure the effective and efficient operation of its programs. Provider must cause its staff to devote such time, attention, skill, knowledge, and professional ability as necessary to effectively and efficiently fulfill Provider’s obligations under this Agreement.

  • Performance and Compliance Purchaser shall have performed all of the covenants and complied, in all material respects, with all the provisions required by this Agreement to be performed or complied with by it on or before the Closing.

  • 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.

  • EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES 19.01 (a) When a formal assessment of an employee’s performance is made, the employee concerned must be given an opportunity to discuss and then sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment form will be provided to the employee at that time. An employee’s signature on his or her assessment form will be considered to be an indication only that its contents have been read and shall not indicate the employee’s concurrence with the statements contained on the form.

  • 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.

  • PERIOD OF PERFORMANCE The period of performance for this contract begins , and ends .

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