Examples of Performance Tracking Services in a sentence
Subject to the Customer's right to withhold payments pursuant to Section 10.2 of this Contract, if in any Performance Guarantee Year, the Customer fails to pay for the Performance Tracking Services in accordance with this Contract or does not permit the ESCO to perform the Performance Tracking Services, the ESCO shall have no obligation to achieve the performance guarantees set forth in Schedule B with respect to such Performance Guarantee Year.
Commencing upon Substantial Completion of the ECM and continuing until the expiration or earlier termination of this Contract, the ESCO will perform the Performance Tracking Services.
The Parties acknowledge and agree that the Performance Tracking Services will measure and verify the performance of the Project and the Separate ECMs, and that the payment of the amounts set forth in Schedule E, Section II, under a Separate ECM Contract shall discharge the Customer's obligation to make any Performance Tracking Payment pursuant to this Section.
The Customer shall pay the ESCO for the due, proper, and complete performance of the Work as required hereunder and for the due performance of all other obligations and duties imposed upon this ESCO pursuant to this Contract, other than the Performance Tracking Services, the "Contract Sum", which shall consist of the Phase I Installation Period Payment and, if the Customer authorizes Phase II Installation Period Services pursuant to Section 4.2.5 of this Contract, the Phase II Installation Period Payment.
The Customer shall make quarterly payments to the ESCO for the Performance Tracking Services for each Performance Guarantee Year in the amounts set forth in Schedule E, Section II (the "Performance Tracking Payment") and in accordance with Section 10.1.2 of this Contract.
Commencing upon the Interim Completion of each ECM(s) (or such other time identified in Schedule D,) and continuing until the expiration or earlier termination of this Contract, the ESCO will perform the Performance Tracking Services.
The Owner shall pay the Contractor for the performance of the Work as required hereunder and for the performance of all other obligations and duties imposed upon this Contractor pursuant to this Contract, other than the Performance Tracking Services, the "Contract Sum" of and No/100 Dollars ($ ), subject to additions and deductions by Change Order as provided in this Contract.
If, any Performance Guarantee Year, the Owner fails to pay for the Performance Tracking Services in accordance with this Contract or does not permit the Contractor to perform the Performance Tracking Services, the Contractor shall have no obligation to achieve the performance guarantees set forth in Schedule B with respect to such Performance Guarantee Year.
The Owner shall make annual payments to the Contractor for the Performance Tracking Services for each Performance Guarantee Year such services are required by Schedule D in the amounts set forth in Schedule E, Section II (the "Performance Tracking Payment").
If, any Performance Guarantee Year, the Customer to pay for the Performance Tracking Services in accordance with this Contract or does not permit the ESCO to perform the Performance Tracking Services, the ESCO shall have no obligation to achieve the performance guarantees set forth in Schedule B with respect to such Performance Guarantee Year.