Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose.
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. EXHIBIT D LETTER OF CREDIT FORM OF IRREVOCABLE STANDBY LETTER OF CREDIT IRREVOCABLE STANDBY LETTER OF CREDIT NO. DATE: , 20 BENEFICIARY: THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY 00 XXXXXXXX XXXXXX, XXXXXX, XXX XXXX 00000-0000 LADIES AND GENTLEMEN: BY THE ORDER OF: [CONTRACTOR] [CONTRACTOR’S ADDRESS] WE HEREBY ISSUE OUR IRREVOCABLE CREDIT NO: IN YOUR FAVOR FOR THE ACCOUNT OF
1. YOUR SIGHT DRAFT DRAWN ON US IN THE FORM OF ANNEX A HERETO (THE "SIGHT DRAFT"); AND
2. A DATED PAYMENT CERTIFICATE PURPORTEDLY SIGNED BY A DULY AUTHORIZED OFFICER OF NYSERDA IN THE FORM OF ANNEX B HERETO (THE "PAYMENT CERTIFICATE"). MULTIPLE DRAWINGS ARE PERMITTED IN AMOUNTS NOT TO EXCEED, IN COMBINATION, THE AGGREGATE AMOUNT. DRAWINGS PRESENTED BY FACSIMILE TO FACSIMILE NUMBER ARE ACCEPTABLE; PROVIDED THAT SUCH FAX PRESENTATION IS RECEIVED ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT, IT BEING UNDERSTOOD THAT ANY SUCH FAX PRESENTATION SHALL BE CONSIDERED THE SOLE OPERATIVE INSTRUMENT OF DRAWING. IN THE EVENT OF PRESENTATION BY FAX, THE ORIGINAL DOCUMENTS SHOULD NOT BE PRESENTED. FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO YOU AGAINST YOUR PAYMENT CERTIFICATE AND SIGHT DRAFT PRESENTED IN FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT ON OR BEFORE 5:00 P.M., NEW YORK TIME, ON THE EXPIRATION DATE HEREOF. THIS LETTER OF CREDIT WILL EXPIRE ON [INSERT DATE]. PAYMENT AGAINST CONFORMING DOCUMENTS PRESENTED UNDER THIS LETTER OF CREDIT SHALL BE MADE BY US AT OR BEFORE 2:00 P.M., NEW YORK TIME, ON THE NEXT (OR, IN THE CASE OF A PRESENTATION AFTER 10:30 A.M., NEW YORK TIME, THE SECOND NEXT) BA...
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. THIS GUARANTY is dated and effective as of __________________ (as amended, restated or modified from time to time, the “Guaranty”), and is made by ______________, a _____________ organized under the laws of the _________________ (the “Guarantor”), in favor of the New York State Energy Research and Development Authority (“NYSERDA”), a New York public benefit corporation, having a principal business address of 00 Xxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxx 00000. All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Agreement.
Court Action or Other Legal Processes. Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Revised 8/26/16 (Replaces the 2016 NYSERDA Report Content Guide)
1 Purpose 2
2 Required Elements 2 3 Formatting 6 4 Submitting a Report to NYSERDA 7 5 Contacts 7 6 Required Elements Checklist 7
1 Purpose
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Title Classifications Not to Exceed Hourly Rate Range Year 1 Year 2 Min. Max. Min. Max. Direct non-personal service costs will be allowed and reimbursed at cost for project related expenses. Items not listed but necessary to complete the work must be pre- approved by NYSERDA: Travel Laboratory Tests Overnight Mail Supplies Test Equipment Rentals Report Reproduction/Outside Printing Postage Computer Services Subcontracts If the Contractor has been authorized to use a Social Media Site to post information pertaining to NYSERDA programs, the Contractor shall comply with the following:
1. Only authorized and designated individuals shall have permission to publish content on the Social Media Site that relates to NYSERDA programs.
2. Will not post classified, sensitive, confidential, or trade secret information.
3. Will replace error with fact, not argument.
4. Must note the use of incorrect information or misstatements.
5. Must use best judgment for all activities.
6. Will not post offensive content, defined as content which is obscene, pornographic, threatening, defamatory, discriminatory or harassing.
7. Will, as soon as practical, remove offensive content posted by other parties, but shall maintain a copy of such content prior to removal as part of records management requirements.
8. Will respect copyright, fair use and financial disclosure laws.
9. Will not publish or report on conversations or information that has not been released as final NYSERDA policy or internal to NYSERDA unless given permission by management.
10. Will not post confidential information, or information the disclosure of which is an unwarranted invasion of a person’s personal privacy.
11. An individual sh...
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. In response to the ongoing COVID-19 pandemic, beginning in March 2020, Governor Cuomo issued a series of Executive Orders addressing various categories of business activities, including, but not limited to, construction, manufacturing, administrative, and professional services. In addition, Empire State Development (ESD) was authorized to develop Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders. Although much of NYSERDA’s clean energy efforts involve construction activity, NYSERDA engages in many other activities that are affected by State COVID-19 directives and requirements. The State has also established a series of metrics required to begin a phased reopening plan. The phase-in plan prioritizes businesses considered to have a greater economic impact and inherently low risks of infection for the workers and customers, followed by other businesses considered to have less economic impact, and those that present a higher risk of infection spread.3 Pursuant to Executive Order 202.31 and “NY Forward,” New York will reopen on a regional basis as each region meets the criteria necessary to protect public health.
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. Addendum to Agreement between NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (“NYSERDA”) and (“the Contractor”). This Addendum is made a part of the Agreement to which it is attached.
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. (Replaces the 2015 NYSERDA Report Content Guide) 1 Purpose 32 2 Required Elements 33 2.1 Copyright for Intellectual Property 37 2.2 Proprietary or Confidential Information 37 2.3 Americans with Disabilities Act (ADA) Accessibility Compliance 37 3 Formatting 38 4 Submitting a Report to NYSERDA 39 5 Contacts 39 6 Required Elements Checklist 39 This document explains how to prepare and submit a report to the New York State Energy Research and Development Authority (NYSERDA). It includes details on the elements of the report, specifications for formatting and accessibility, and information on electronic submission. Please follow these instructions unless your NYSERDA contract specifies otherwise. NYSERDA will publish the finished report deliverable online and/or in print unless the NYSERDA Project Manager approves special circumstances. Please direct questions about technical content and submission deadlines to your NYSERDA Project Manager. For questions related to formatting and electronic submission of the report, contact Xxxxx Xxxxx in NYSERDA Marketing at 518-862-1090, ext. 3276 or xxx@xxxxxxx.xx.xxx.
Court Action or Other Legal Processes. (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first. EXECUTION VERSION
(b) With respect to the court action or other legal processes referred to in subdivision (a) of this section, any interest obligation incurred by NYSERDA after the date specified therein pursuant to any provision of law other than Public Authorities Law Section 2880 shall be determined as prescribed by such separate provision of law, shall be paid as directed by the court, and shall be paid from any source of funds available for that purpose. EXECUTION VERSION EXHIBIT C CERTIFICATION FORM NYSERDA Agreement No. Name of Seller: Name of Facility: Invoice Number: Serial Number(s): Total Number of ZECs: Terms used in this Certificate are used with the meanings given to such terms in the referenced NYSERDA Agreement. Seller certifies that, to Seller’s knowledge, all of the information provided on the attached invoice requesting payment from NYSERDA is true and accurate; that the ZECs delivered by Seller (identified by the serial number(s) above) by designation for transfer to NYSERDA in accordance with the NYGATS Operating Rules are free and clear of all liens, judgments, encumbrances and similar restrictions created by or on behalf of Seller or any party claiming through Seller, and have not otherwise been, nor will be, sold, retired, claimed or represented by or on behalf of Seller or any party claiming through Seller, as part of electricity output or sales, or used by or on behalf of Seller or any party claiming through Seller, to satisfy obligations in any other jurisdiction. Seller further certifies that all representations and warranties of the Seller set forth in Section 15.1 of the NYSERDA Agreement are true and correct on the date hereof as though made on the date hereof, other than such representations and warranties that are expressly effective as of an earlier date, in which case, such representations and warranties continue to be true and correct as of such date. Quarterly Invoice Date: By: EXECUTION VERSION EXHIBIT D ZERO EMISSIONS CREDIT PRICING The ZEC Price will be determined in six, 2-year Tranches, as follows:
Tranche 1: April 1, 2017 – March 31, 2019 Tranche 2: April 1, 2019 – March...
