Annual Energy Savings Guaranty Sample Clauses

Annual Energy Savings Guaranty. The ESCO shall guarantee energy and operational savings from the date the Certificate of Final Project Acceptance is issued for the Guarantee Period (the “Energy Savings Guaranty”). The ESCO has formulated and guaranteed the annual level of energy savings as provided for in Schedules N and F. The ESCO will achieve these savings each Guarantee Year as a result of the performance by ESCO of the services specified in this Agreement utilizing the Methods of Savings Measurement and Verification set forth in Schedules F and G.
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Annual Energy Savings Guaranty. 5.1 Annual Energy Savings Guaranty ESP guarantees that the Verified Savings will equal or exceed the Guaranteed Savings each fiscal year during the Contract Time for Verified Savings. In addition, ESP guarantees that the total dollar value of Verified Savings, established as provided in Schedule M (Methods of Savings Measurement and Verification) (subject to the stipulated utility rates and cost escalators), will equal or exceed the sum of all ECM Installation Payments and ECM Continuing Services Payments, as amended by Change Orders or Contract Amendments (if any). ESP shall furnish to Owner an energy savings guarantee bond, a bank letter of credit, or other surety instrument acceptable to Owner, and under seal of the surety, in an amount equal to the dollar value of Guaranteed Savings for the Contract Time for Verified Savings. As Verified Savings are realized each fiscal year during the Contract Time for Verified Savings, and only if such Verified Savings exceed Guaranteed Savings for such fiscal year, the value of the energy savings guarantee bond, bank letter of credit, or other surety instrument may decrease proportionately in a reasonable amount determined by Owner. The surety instrument provided for under this Section shall not be subject to Chapter 10 of Title 13 of the O.C.G.A., and specifically shall not be subject to the one-year period of limitations set forth in O.C.G.A. § 13-10-42. The surety instrument shall provide that Owner may commence legal actions on the surety instrument at any time during, and no less than two years after, the Contract Time for Verified Savings has ended.
Annual Energy Savings Guaranty. The ESCOCOMPANY has formulated and guaranteed the level of energy and operating cost savings as provided for in Schedule B, which will be achieved each year as a result of the performance by ESCOCOMPANY of the services specified in this Agreement utilizing the Methods of Savings Measurement and Verification set forth in Schedule N. Formatted: Font color: Red
Annual Energy Savings Guaranty. The COMPANY has formulated and guaranteed the level of energy and operating cost savings as provided for in Schedule B, which will be achieved each year as a result of the performance by COMPANY of the services specified in this Agreement utilizing the Methods of Savings Measurement and Verification set forth in Schedule N.

Related to Annual Energy Savings Guaranty

  • Guaranteed Energy Production (A) Throughout the Delivery Term, Seller shall be required to provide to Buyer an amount of Delivered Energy plus Deemed Delivered Energy, if any, no less than the Guaranteed Energy Production over two (2) consecutive Contract Years during the Delivery Term (“Performance Measurement Period”). “

  • Performance Guarantee 9.4.1 The Concessionaire shall, for the performance of its obligations hereunder during the Concession Period, provide to the Authority no later than [90] days prior to expiry of the Performance Security, an irrevocable and unconditional guarantee from a Bank for a sum equivalent to Rs. ***** crore (Rupees ***** crore)7 in the form set forth in Schedule-FF (the “Performance Guarantee”). Until such time the Performance Guarantee is provided by the Concessionaire pursuant hereto and the same comes into effect, notwithstanding anything contained in clause 9.3 the Performance Security shall remain in force and effect, and upon such provision of the Performance Guarantee pursuant hereto, the Authority shall release the Performance Security to the Concessionaire.

  • CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of September 1, 2021) By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the following required by Texas law as of September 1, 2021: If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See Tex. Gov’t Code § 809.001(1).

  • Provision for Generation Compensation Grid unavailability in a contract year as defined in the PPA: (only period from 8 am to 6 pm to be counted): Generation Loss = [(Average Generation per hour during the Contract Year) × (number of hours of grid unavailability during the Contract Year)] Where, Average Generation per hour during the Contract Year (kWh) = Total generation in the Contract Year (kWh) ÷ Total hours of generation in the Contract Year. The excess generation by the SPD equal to this generation loss shall be procured by the Buying Utility at the PSA tariff so as to offset this loss in the succeeding 3 (three) Contract Years.

  • Financial Services Compensation Scheme We are a participant in the Financial Services Compensation Scheme (the “FSCS”). As a retail client you may be eligible to claim compensation from the FSCS in certain circumstances if we, any approved bank, our nominee company or eligible custodian are in default. Most types of investment business are covered in full for the first £85,000 of any eligible claim. Not every investor is eligible to claim under this scheme: for further information please contact us, or the FSCS directly at xxx.xxxx.xxx.xx.

  • Lodgement of SWS wage assessment agreement C.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with Fair Work Australia.

  • Renewable Energy Credits 5.01. Customer shall offer PMPA and/or Utility a first right of refusal before selling or granting to any third party the right to the Green Attributes associated with its customer-owned renewable generation that is interconnected to Utility’s electric distribution system. The term Green Attributes shall include any and all credits, certificates, benefits, environmental attributes, emissions reductions, offsets, and allowances, however entitled, attributable to the generation of electricity from the customer owned-renewable generation and its displacement of conventional energy generation.

  • Interconnection Customer Compensation If the CAISO requests or directs the Interconnection Customer to provide a service pursuant to Articles 9.6.3 (Payment for Reactive Power) or 13.5.1 of this LGIA, the CAISO shall compensate the Interconnection Customer in accordance with the CAISO Tariff.

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

  • Payment Guarantee 20.1 On Contracts where one hundred (100%) percent performance bonds and payment bonds are executed, this Article 20 does not apply.

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