Performance Guaranty Agreement definition
Examples of Performance Guaranty Agreement in a sentence
Owner shall use reasonable efforts to make claims against Contractor under the appropriate contract (this Agreement, the Module Warranty, the Contractor Performance Security, the Performance Guaranty Agreement or the O&M Agreement).
This Section 21.8 does not operate to limit any warranties or guarantees set forth in the O&M Agreement, the Module Warranty or the Performance Guaranty Agreement.
No claim under the Module Warranty or Performance Guaranty Agreement shall be invalidated due to the acts or omissions of Contractor or its Subcontractors.
Services and work performed at any time by Contractor or its Affiliates under the Module Warranty, the Performance Guaranty Agreement or the O&M Agreement shall not constitute Work hereunder.
The debt evidenced by this Note is to be secured by, among other things, (a) three (3) separate mortgages (collectively, the “Mortgage”), one from each Borrower as identified in the Loan Agreement, for the benefit of Lender, and (b) a Payment and Performance Guaranty Agreement of even date herewith (the“Guaranty Agreement”), given by Emeritus Corporation (the “Guarantor”), for the benefit of Lender.
For the avoidance of doubt, this Agreement shall not supersede the O&M Agreement, the Module Warranty, the Performance Guaranty Agreement or any other Project Transaction Document, which shall remain in full force and effect.
Contractor shall issue (or shall cause an Affiliate thereof to issue) warranties for the Modules in accordance with the SunPower Limited Product and Power Warranty for PV Modules attached as Exhibit 14 (the “Module Warranty”) and shall guarantee the performance of the Modules in accordance with the Performance Guaranty Agreement attached as Exhibit 28 (the “Performance Guaranty Agreement”).
In its assessment as to financial responsibility and condition under Clause B above, Applied may consider whether the Performance Guaranty Agreement will continue in effect as to the Agreement (or portion assigned).
If a Responsible Officer of the Indenture Trustee has actual knowledge that the Servicer has failed to perform any of its obligations under the Servicing Agreement, the Indenture Trustee shall provide prompt written notice of such failure to the Servicer Performance Guarantor (as defined in any applicable Performance Guaranty Agreement), if any.
No Grant funds shall be disbursed to Grantee unless and until ▇▇▇▇▇▇▇ has delivered Triumph, concurrently with the execution of this Agreement, a Performance Guaranty Agreement (“Performance Agreement)” in the form attached hereto as Exhibit “D”, executed by the Company, and Triumph approves, in its sole and absolute discretion, such Performance Agreement.