Unreported Material Changes Sample Clauses

Unreported Material Changes. In the absence of any Material Change in the Facilities or in their operations reported by Customer under Section C.4.5.1 below, energy consumption and demand should not change from year to year. Therefore, if energy consumption and demand per utility meter or submeter for any month increases by five percent (5%) or more of the Annual Scheduled Savings per meter from the Energy consumption and demand for the same month of the preceding year, after adjustment for changes to climactic conditions, then such increase shall be deemed to have resulted from a Material Change, except where such increase is due to equipment malfunction, faulty repair or other acts of negligence by Honeywell.
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Unreported Material Changes. Upon and after the Acceptance Date and in the absence of any reported Material Change(s) in the Facility or in their operations, if energy savings deviates more than eight percent (8%) during an annual basis from projected energy savings for that year, after adjustment for changes in climatic conditions, then the ESCO shall review such changes in a timely manner to ascertain the cause of such deviation. The ESCO shall report its findings to the University in a timely manner. The ESCO and the University shall determine what, if any, adjustments to the Baseline set forth in Schedule E are necessary. Any disputes between the ESCO and the University concerning any such adjustment shall be resolved in accordance with Section 10.3.
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Unreported Material Changes. During the Contract Time for Verified Savings, and in the absence of any reported Material Change, if Verified Savings deviate more than INSERT PERCENT during any fiscal year from Guaranteed Savings for such fiscal year, after adjustment for variables that are not, in whole or in part, within ESP’s control, then ESP shall timely ascertain the cause of such deviation. ESP shall report its findings to Owner in a timely manner, but ESP shall not be entitled to an extension of time to complete the Annual Review and written report, and pay for any deficiency, as provided in Section 5.2, unless so provided in a Contract Amendment pursuant to Article 9. If Owner agrees that the deviation was caused by a Material Change, then Owner and ESP shall determine what adjustments, if any, to the Baseline set forth in Schedule E (Baseline) are appropriate. Any mutually agreeable adjustment to the Baseline shall be reflected in a Contract Amendment in accordance with Article 9. No adjustment to the Baseline shall be made for any fiscal year prior to the fiscal year before which an unreported Material Change is identified pursuant to this Section. If the parties are unable to agree on (1) whether a Material Change has occurred, (2) the appropriate variables to be accounted for as provided herein, or the proper adjustment arising from such variables, or (3) an acceptable adjustment to the Baseline resulting from a Material Change, then a third party mutually agreeable to Owner and ESP shall make such determinations in accordance with this Section. If Owner and ESP are unable to mutually agree on a third party as provided in this Section, ESP shall provide, within five
Sample 1
Unreported Material Changes. This section states that if all building conditions and operations stay the same, then energy consumption will not vary more than the negotiated percentage (see above discussion) during any month when compared to the baseline use for that month and after adjustments for weather are made. In the event such a variation occurs, the ESCO will try to determine the cause of the deviation and report its findings to the Customer. The ESCO and Customer will then determine what adjustments will be made to the baseline as described in Schedule F. In the absence of any Material Changes in the Premises or in their operations, the baseline energy consumption as set forth in Schedule E (Baseline Energy Consumption) should not change more than <number> % during any month from the projected energy usage for that month, after adjustments for changes in climatic conditions. Therefore, if energy consumption for any month as set forth in Schedule E (Baseline Energy Consumption) deviates by more than <number> % from the energy consumption for the same month of the preceding contract year after adjustments for changes to climactic conditions, then such deviation shall be timely reviewed by the ESCO to ascertain the cause of deviation. The ESCO shall report its findings to the Customer in a timely manner and the ESCO and Customer shall determine what, if any, adjustments to the baseline will be made in accordance with the provisions set forth in Schedule F (Savings Measurement and Calculation Formulae; Methodology to Adjust Baseline) and Schedule E (Baseline Energy Consumption).
Sample 1
Unreported Material Changes. Upon and after the Commencement Date and in the absence of any reported Material Change(s) in the Premises or in their operations, if energy savings deviates more than ( %) percent during any month from projected energy savings for that month, after adjustment for normal deviations from changes in climatic conditions, then the ESCOCOMPANY shall timely review such changes to ascertain the cause of such deviation. The ESCOCOMPANY shall report its findings to the ISSUERCUSTOMER in a timely manner. The ESCOCOMPANY and the ISSUER mayCUSTOMER shall determine what, if any, adjustments to the Baseline/Benchmarks set forth in Schedule E are necessary. Any disputes between the COMPANY and the CUSTOMER concerning any such adjustment shall be resolved in accordance with the provisions of Schedule P hereto.
Sample 1
Unreported Material Changes. Upon and after the Commencement Date and in the absence of any reported Material Change(s) in the Premises or in their operations, if energy savings deviates more than ( %) percent during any month from projected energy savings for that month, after adjustment for changes in climatic conditions, then the COMPANY shall timely review such changes to ascertain the cause of such deviation. The COMPANY shall report its findings to the INSTITUTION in a timely manner. The COMPANY and the INSTITUTION shall determine what, if any, adjustments to the Baseline/Benchmarks set forth in Schedule E are necessary. Any disputes between the COMPANY and the INSTITUTION concerning any such adjustment shall be resolved in accordance with the provisions of Schedule P hereto.
Sample 1
Unreported Material Changes. Upon and after the Commencement Date and in the absence of any reported Material Change(s) in the Premises or in their operations, if energy savings deviate more than five percent (5%) percent during any month from projected energy savings for that month, after adjustment for changes in climatic conditions, then the COMPANY shall timely review such changes to ascertain the cause of such deviation. The COMPANY shall report its findings to the CUSTOMER in a timely manner. The COMPANY and the CUSTOMER shall determine what, if any, adjustments to the Baseline/Benchmarks set forth in Schedule E (Calculation of Baseline/Benchmarks) are necessary. Any disputes between the COMPANY and the CUSTOMER concerning any such adjustment shall be resolved in accordance with the provisions of Schedule P (Alternative Dispute Resolution Procedures) hereto.
Sample 1
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Related to Unreported Material Changes

  • Material Changes Except as contemplated in the Prospectus, or disclosed in the Company’s reports filed with the Commission, there shall not have been any material adverse change in the authorized capital stock of the Company or any Material Adverse Effect or any development that would reasonably be expected to cause a Material Adverse Effect, or a downgrading in or withdrawal of the rating assigned to any of the Company’s securities (other than asset backed securities) by any rating organization or a public announcement by any rating organization that it has under surveillance or review its rating of any of the Company’s securities (other than asset backed securities), the effect of which, in the case of any such action by a rating organization described above, in the reasonable judgment of the Agent (without relieving the Company of any obligation or liability it may otherwise have), is so material as to make it impracticable or inadvisable to proceed with the offering of the Placement Shares on the terms and in the manner contemplated in the Prospectus.

  • No Material Changes Prior to and on each of the Closing Date and the Option Closing Date, if any, (i) there shall have been no material adverse change or development involving a prospective material adverse change in the condition or prospects or the business activities, financial or otherwise, of the Company from the latest dates as of which such condition is set forth in the Registration Statement and the Prospectus, (ii) no action suit or proceeding, at law or in equity, shall have been pending or threatened against the Company or any Insider before or by any court or federal, foreign or state commission, board or other administrative agency wherein an unfavorable decision, ruling or finding may materially adversely affect the business, operations, or financial condition or income of the Company, except as set forth in the Registration Statement and the Prospectus, (iii) no stop order shall have been issued under the Act and no proceedings therefor shall have been initiated or, to the Company’s knowledge, assuming reasonable inquiry, threatened by the Commission, and (iv) the Registration Statement, the Sale Preliminary Prospectus and the Prospectus and any amendments or supplements thereto shall contain all material statements which are required to be stated therein in accordance with the Act and the Regulations and shall conform in all material respects to the requirements of the Act and the Regulations, and neither the Registration Statement, the Sale Preliminary Prospectus nor the Prospectus nor any amendment or supplement thereto shall contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

  • MATERIAL SAFETY DATA SHEETS Contractor is required to ensure Material Safety Data Sheets (“MSDS”) are available, employees are trained in the use of MSDS, and MSDS are in a readily accessible place at the Site. This requirement applies to all materials with an associated MSDS per the federal “Hazard Communication” standard or employees’ Right-to-Know laws. Contractor is also required to ensure proper labeling and training on any substance brought onto the Site and that any person working with the material (or who is subject to possible exposure by use of the material or contact with the material), is informed of the possible and/or real hazards of the substance, and follows proper handling and protection procedures.

  • Overpayment Policies and Procedures Within 90 days after the Effective Date, Xxxxx shall develop and implement written policies and procedures regarding the identification, quantification and repayment of Overpayments received from any Federal health care program.

  • Contract Changes Changes may not be made in the terms and conditions of this contract without the agreement and written permission of the Director of Housing.

  • EDD Independent Subrecipient Reporting Requirements Effective January 1, 2001, the County of Orange is required to file in accordance with subdivision (a) of Section 6041A of the Internal Revenue Code for services received from a “service provider” to whom the County pays $600 or more or with whom the County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term “service provider” is defined in California Unemployment Insurance Code Section 1088.8, Subparagraph B.2 as “an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the State.” The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as “an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California.” The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department web site located at xxxx://xxx.xxx.xx.xxx/Employer_Services.htm

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