Preliminary Services definition
Examples of Preliminary Services in a sentence
If EMWD does not participate in the Project in Phase 2, and if SCWD decides to proceed to Phase 2, EMWD shall not be entitled to a refund or reimbursement from Project Bond proceeds of any amounts previously paid or required to be paid hereunder and applied by SCWD to the EMWD Share of the Phase 1a Procurement Costs actually incurred or paid by SCWD or the EMWD Share of the Phase 1b Preliminary Services Costs actually incurred or paid by SCWD.
At any time after the Phase 1b Second Deposit Due Date, if the Parties agree to increase the Estimated Phase 1b Preliminary Services Costs pursuant to an amendment to this Agreement, then EMWD shall pay to SCWD a Phase 1b Additional Deposit in an amount equal to the EMWD Share of such increase in connection with each such amendment.
To facilitate the payment of the Phase 1b Preliminary Services Costs in a timely manner, EMWD shall pay to SCWD the Phase 1b Initial Deposit, the Phase 1b Second Deposit and the Phase 1b Additional Deposit(s), at the times set forth in Section 5.5 hereof.
EMWD shall forfeit any amounts previously paid or required to be paid hereunder and applied by SCWD to the EMWD Share of the Phase 1a Procurement Costs actually incurred or paid by SCWD or the EMWD Share of the Phase 1b Preliminary Services Costs actually incurred or paid by SCWD.
SCWD’s determination of the final Anticipated Facility Capacity will be informed by the completion of the Phase 1b Preliminary Services and the level of participation expressed by the Phase 1 Project Participants for Phase 2, among other factors.
During Phase 1b, SCWD shall deliver a Monthly Reconciliation Statement to EMWD showing EMWD’s Fund Balance after deducting the EMWD Share of the Estimated Phase 1b Preliminary Services Costs, as applicable, incurred or paid during the previous calendar month.
EMWD shall pay to SCWD the EMWD Share of the Estimated Phase 1b Preliminary Services Costs in an amount equal to $1,980,000.
If EMWD’s Phase 1b Initial Deposit, Phase 1b Second Deposit and Phase 1b Additional Deposit(s) received by SCWD are insufficient to pay the EMWD Share of the Estimated Phase 1b Preliminary Services Costs, any Phase 1b Preliminary Services Costs Shortfall is intended to be reimbursed to SCWD in Phase 2 from Project Bond proceeds and therefore is to be cost-shared by the Phase 2 Project Participants as described in Exhibit B hereto.
Upon receipt of any Monthly Reconciliation Statement, EMWD shall have thirty (30) days to dispute all or any portion of (a) the full EMWD Share of the Estimated Phase 1a Procurement Costs previously incurred or paid by SCWD and/or the Estimated Phase 1b Preliminary Services Costs, as applicable, incurred or paid during the previous calendar month, or the calculations thereof, and/or (b) EMWD’s resulting Fund Balance, by providing SCWD written notice of said dispute (each, a “Notice of Dispute”).
Following receipt of the Phase 1b Initial Deposit, SCWD shall deduct from EMWD’s Fund Balance the EMWD Share of the Estimated Phase 1b Preliminary Services Costs incurred or paid.