Common use of Additional Incentives Clause in Contracts

Additional Incentives. The Contract Price has been established taking into account the award on or before December 15, 2024 and the payment within six months after award of the Washington State Clean Diesel Program: Ecology’s Electric School Bus Grant (“WSCD Program Grant”) in the amounts and as a Customer Incentive or an Existing Incentive as provided in this Section 30. Any WSCD Program Grant award or payment in any amount or outside of the time period contemplated by the preceding sentence, or, without limitation, the absence of a timely award or payment of a WSCD Program Grant as an Existing Incentive in the amount of at least $500,000, shall be a failure of a “Condition Precedent” within the meaning of Terms and Conditions Section 4(a, whereupon, the Parties will have the rights and will be subject to the obligations set forth in Terms and Conditions Section 4(a). Without limiting the rights of the Parties to negotiate or take other action upon failure of the WSCD Program Grant Condition Precedent, the Provider anticipates that, if the WSCD Program Grant that is an Exiting Incentive is not timely awarded or paid in the amount of at least $500,000, Base Service Fee per Vehicle for the first Contract Year would be increased to $19,500.00. a. WSCD Program Grant in the amount of $239,375 per Vehicle, for the purchase of 10 Vehicles – This is a “Customer Incentive” and would be awarded and payable to Customer as awardee in its entirety. b. WSCD Program Grant in the amount of $500,000 to pay for some of the costs of procurement and installation of the System at the Premises. This is an “Existing Incentive” and would be awarded and payable to Customer as awardee, with Customer paying such awarded funds to Provider in their entirety. Provider shall use the funds so paid exclusively to pay for procurement and installation of the System at the Premises. Each of the Customer and Provider will take such actions and will execute and deliver such documents as may be reasonable to assure that the WSCD Program Grant is awarded and paid as soon as possible after the Effective Date. Upon receipt of all or any portion of the WSCD Program Grant that is also an Existing Incentive by the Customer, Customer will provide notice thereof to Provider (no later than five (5) days after receipt of funds) and will pay and tender the amount of such portion of the WSCD Program Grant so paid to Customer, without offset or deduction (no later than thirty (30) days after receipt of funds), in fulfillment of the requirements of this Agreement that all Existing Incentives will be for the benefit of Provider.