Shut Downs During Cure Period Sample Clauses

Shut Downs During Cure Period. After Substantial Completion, Owner and Contractor agree to cooperate in good faith in determining when and to what extent the Project will be taken out of service in order to make Corrective Actions to improve the performance of the Project and to minimize the periods of time when the Project will be taken out of service or Contractor will be permitted to perform any Benchmark Tests or Performance Tests or conduct Corrective Actions that require any material limitation on Owner’s operation of the Project (each such period, an “Outage Period”); provided, that Contractor shall use its best efforts to conduct such Corrective Actions during periods when the Project is undergoing scheduled maintenance outages. Notwithstanding the foregoing, Contractor will have the right to at least two (2) Outage Periods, each not to exceed ten (10) consecutive days, which periods shall be scheduled in consultation with Owner; provided that any additional Outage Periods shall be subject to Owner’s approval which may be withheld in Owner’s sole discretion. Notwithstanding anything to the contrary herein, unless Owner expressly agrees otherwise (which agreement may be withheld in Owner’s sole discretion), no Outage Period shall be scheduled during the period from June 1 through September 30 of any year.
Sample 1
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Shut Downs During Cure Period. Owner and Contractor agree to cooperate in good faith in determining when and to what extent such Unit will be taken out of service in order for Contractor to take corrective actions or perform any tests required as part of Contractor’s proposed Remedial Plans during the Cure Period. Owner and Contractor agree to cooperate in good faith to minimize the periods of time during the Cure Period when a Unit will be taken out of service or any material limitations will be imposed on Owner’s operation of such Unit (each such period, an “Outage Period”). Contractor shall use its best efforts to conduct corrective actions during periods when a Unit is undergoing scheduled maintenance outages and Owner agrees to grant Contractor access to such Unit during such scheduled maintenance outage to the extent Contractor’s corrective actions do not unreasonably interfere with Owner’s scheduled maintenance. Unless Owner expressly agrees otherwise (which agreement may be withheld in Owner’s sole discretion for any or no reason), no Outage Period shall be scheduled during the months of June, July, August and September. Notwithstanding the foregoing, Contractor will have the right to at least three (3) Outage Periods not to exceed twenty (20) days in the aggregate, to be scheduled in consultation with Owner pursuant to this Section 15.4.9; provided that any additional Outage Periods shall be subject to Owner’s approval which may be withheld in Owner’s sole and absolute discretion for any or no reason. Each Outage Period will begin after a 24-hour cool down period (if necessary for Contractor’s proposed corrective action) and will end when Contractor restores the Unit to normal operational conditions and turns the Unit over to Owner for operation. Subject to Section 31.2.2, if the duration of an Outage Period exceeds the duration agreed to by the Parties for such Outage Period, Contractor shall pay Owner an amount equal to *** Dollars ($***) for each day in excess of such agreed duration, not to exceed a maximum aggregate amount of *** Dollars ($***); provided, that Contractor shall not pay any amounts pursuant to the foregoing for the additional time that the Unit is out of service beyond the agreed-upon Outage Period if Owner is engaged in a scheduled maintenance outage and in any event would keep the Unit shut down. Accrued amounts of such payments shall be due and payable from time to time within five (5) days after Owner provides a Notice to Contractor demanding payment the...
Sample 1

Related to Shut Downs During Cure Period

  • Allocations During the Rapid Amortization Period During the Rapid Amortization Period, the Servicer shall, prior to the close of business on the day any Collections are deposited in the Collection Account, allocate to the Investor Certificateholders and pay or deposit from the Collection Account the following amounts as set forth below:

  • Sales During Pre-Settlement Period Notwithstanding anything herein to the contrary, if at any time on or after the time of execution of this Agreement by the Company and an applicable Purchaser, through, and including the time immediately prior to the Closing (the “Pre-Settlement Period”), such Purchaser sells to any Person all, or any portion, of any shares of Common Stock to be issued hereunder to such Purchaser at the Closing (collectively, the “Pre-Settlement Shares”), such Purchaser shall, automatically hereunder (without any additional required actions by such Purchaser or the Company), be deemed to be unconditionally bound to purchase, and the Company shall be deemed unconditionally bound to sell, such Pre-Settlement Shares to such Purchaser at the Closing; provided, that the Company shall not be required to deliver any Pre-Settlement Shares to such Purchaser prior to the Company’s receipt of the purchase price of such Pre-Settlement Shares hereunder; and provided further that the Company hereby acknowledges and agrees that the forgoing shall not constitute a representation or covenant by such Purchaser as to whether or not during the Pre-Settlement Period such Purchaser shall sell any shares of Common Stock to any Person and that any such decision to sell any shares of Common Stock by such Purchaser shall solely be made at the time such Purchaser elects to effect any such sale, if any.

  • Allocations During the Revolving Period During the Revolving Period, the Servicer shall, prior to the close of business on the day any Collections are deposited in the Collection Account, allocate to the Investor Certificateholders or the Holder of the Seller Interest and pay or deposit from the Collection Account the following amounts as set forth below:

  • Allocations During the Early Amortization Period During the Early Amortization Period, an amount equal to the product of (A) the Principal Allocation Percentage and (B) the Series 1997-1 Allocation Percentage and (C) the aggregate amount of Collections of Principal Receivables deposited in the Collection Account on such Deposit Date, shall be allocated to the Series 1997-1 Certificateholders and retained in the Collection Account until applied as provided herein; provided, however, that after the date on which an amount of such Collections equal to the Adjusted Invested Amount has been deposited into the Collection Account and allocated to the Series 1997-1 Certificateholders, such amount shall be first, if any other Principal Sharing Series is outstanding and in its amortization period or accumulation period, retained in the Collection Account for application, to the extent necessary, as Shared Principal Collections on the related Distribution Date, and second paid to the Holders of the Transferor Certificates only if the Transferor Amount on such date is greater than the Required Transferor Amount (after giving effect to all Principal Receivables transferred to the Trust on such day) and otherwise shall be deposited in the Special Funding Account.

  • Services During Certain Events In the event a third person begins a tender or exchange offer, circulates a proxy to stockholders, or takes other steps to effect a Change in Control, Executive agrees that he will not voluntarily terminate employment with Kaydon (or the Subsidiary then employing Executive) on less than three months written notice to the Chief Executive Officer of Kaydon, will render the services expected of his position, and will act in all things related to the interests of the stockholders of Kaydon until the third person has abandoned or terminated the efforts to effect a Change in Control or until a Change in Control has occurred.

  • Allocations During Period of Liquidation During the period commencing on the first day of the Fiscal Year during which a Dissolution Event occurs and ending on the date on which all of the assets of the Company have been distributed to the Unit Holders pursuant to Section 10.2 of this Agreement (the “Liquidation Period”), the Unit Holders shall continue to share Profits, Losses, gain, loss and other items of Company income, gain, loss or deduction in the manner provided in Article III of this Agreement.

  • Lease Default Notices To Agent, within 2 Business Days after receipt thereof, copies of (i) any and all default notices received under or with respect to any leased location or public warehouse where Collateral is located, and (ii) such other notices or documents as Agent may reasonably request.

  • Allocations During the Controlled Accumulation Period During the Controlled Accumulation Period (A) an amount equal to the product of (I) the sum of the Class B Principal Percentage and the Collateral Principal Percentage and (II) the Principal Allocation Percentage and (III) the Series 2022-4 Allocation Percentage and (IV) the aggregate amount of Collections of Principal Receivables deposited in the Collection Account on such Deposit Date, shall be allocated to the Series 2022-4 Certificateholders and retained in the Collection Account until applied as provided herein and (B) an amount equal to the product of (I) the Class A Principal Percentage and (II) the Principal Allocation Percentage and (III) the Series 2022-4 Allocation Percentage and (IV) the aggregate amount of Collections of Principal Receivables deposited in the Collection Account on such Deposit Date (the product specified in this clause (B) for any such date is hereinafter referred to as a “Percentage Allocation”) shall be allocated to the Series 2022-4 Certificateholders and retained in the Collection Account until applied as provided herein; provided, however, that if the sum of such Percentage Allocation and all preceding Percentage Allocations with respect to the same Monthly Period exceeds the Controlled Deposit Amount during the Controlled Accumulation Period for the related Distribution Date, then such excess shall not be treated as a Percentage Allocation and shall be first, if any other Principal Sharing Series is outstanding and in its amortization period or accumulation period, retained in the Collection Account for application, to the extent necessary, as Shared Principal Collections on the related Distribution Date, and second paid to the Holders of the Transferor Certificates only if the Transferor Amount on such Deposit Date is greater than the Required Transferor Amount (after giving effect to all Principal Receivables transferred to the Trust on such day) and otherwise shall be deposited in the Special Funding Account.

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Death During Benefit Period If the Executive dies after the benefit payments have commenced under this Agreement but before receiving all such payments, the Company shall pay the remaining benefits to the Executive's beneficiary at the same time and in the same amounts they would have been paid to the Executive had the Executive survived.

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