Bonds and Guarantees. The Supplier shall deliver the bonds required in the Purchase Order in the forms provided by the Client. In the event of a breach of this requirement, the Client may cancel the Purchase Order and apply the maximum penalty. The Supplier must change and increase the amount and time of the bond in case of increase of price or time to obtain the Provisional Acceptance Certificate and/or Final Acceptance Certificate.
Bonds and Guarantees. (a) After Closing and until the earlier to occur of (i) the first (1st) anniversary of the Closing and (ii) such time any Acquired Company is exempt from the supplemental bonding requirements of BOEM and the BOEM releases Seller from its financial guarantee (such period, the “Seller Assistance Period”), Seller shall continue to provide the Seller Parent Financial Guarantee to BOEM with respect to the supplemental bonding requirements of the Acquired Companies. During such period, Buyer shall use reasonable efforts to cause each of the Acquired Companies to become exempt from the supplemental bonding requirements of BOEM and shall provide Seller with updates on its progress promptly upon Seller’s request. During the Seller Assistance Period, Buyer shall use its best efforts to ensure BOEM seeks any damages first against Buyer before the Seller Parent Financial Guarantee, and Buyer shall indemnify Seller (and its Affiliates and the other Seller Indemnified Persons) from and against any and all Covered Liabilities incurred by Seller (or any of the other Seller Indemnified Persons) as a result of BOEM collecting any amounts from Seller under the Seller Parent Financial Guarantee for obligations of the Acquired Companies (the foregoing described indemnity obligation, “Buyer BOEM Indemnity”). Notwithstanding anything to the contrary set forth in this Agreement, Seller and Buyer, as the case may be, shall be permitted (but shall have no obligation) (i) in the case of Seller, to offset the amount of any then outstanding indemnity obligations it has to Buyer or any of the other Buyer Indemnified Persons pursuant to Section 11.2 by the amount of any then outstanding Buyer BOEM Indemnity obligations and (ii) in the case of Buyer, to offset the amount of any then outstanding Buyer BOEM Indemnity obligations by the amount of any then outstanding indemnity obligations Seller has to Buyer or any of the other Buyer Indemnified Persons pursuant to Section 11.2.
Bonds and Guarantees. Schedule 5.13 identifies the bonds and guarantees posted (or supported) by Seller or its Affiliates or any third parties on behalf of the Companies with respect to the Company Assets as of the date noted on Schedule 5.13, which Seller may update until ten (10) Business Days prior to the Closing Date with respect to the bonds and guarantees to be replaced on the Closing Date, but only acting consistently with past practice and in the ordinary course of business. True, correct, and complete copies of all such bonds and guarantees have been made available to Buyer.
Bonds and Guarantees. Interests as beneficiary under letters of credit, advances and performance and surety bonds, guarantees;
Bonds and Guarantees. [*] * Confidential Treatment Requested Confidential Document December 27, 2010 EXHIBIT D MAIN PROJECT TERMS FOR EPC PROJECTS [*]
Bonds and Guarantees. Purchasers and Sellers shall take all reasonable actions to cause Katy to be fully released from all obligations arising from the conduct of the Canadian Business and US Business from and after the Closing under the obligations and commitments listed on Schedule 16.8. Cxxxxxx and Purchasers shall indemnify and hold Katy harmless from any and all liabilities arising under the obligations and commitments listed on Schedule 16.8 that result from the conduct of the Canadian Business and US Business by Cxxxxxx and Purchasers subsequent to the Closing.
Bonds and Guarantees. 8.1 Unless agreed upon text for a bond or guarantee is included in the Contract, the text for any bond or guarantee which KBTL subsequently agrees to provide will be in accordance with the guarantor’s standard text and at an additional cost issued by KBTL´s house bank.
Bonds and Guarantees. 8.1. Unless an agreed text for a bond or guarantee is included in the Contract, the text for any bond or guarantee which SPP subsequently agrees to provide shall be in accordance with the guarantor’s standard text and at such additional cost as the parties may agree.
Bonds and Guarantees. Performance Bond in accordance with GC 2.9 of the Framework Agreement in the amount of 50% of the Task Order Price. Labour & Material Payment Bond in accordance with GC 2.9 of the Framework Agreement in the amount of 50% of the Task Order Price (at CNL’s request and discretion, to be determined upon award).
Bonds and Guarantees. Schedule 5.19 identifies the bonds and guarantees posted (or supported) by Seller, the Purchased Entities or their Affiliates or any third parties on behalf of the Purchased Entities or with respect to the Purchased Assets.
