Consequence of Milestones Sample Clauses

Consequence of Milestones. Seller acknowledges and agrees that, notwithstanding anything to the contrary, whether Mechanical Completion, Substantial Completion, or Final Completion is deemed to have been achieved as a result of a written confirmation by Xxxxx, the failure by Buyer to timely object to a Mechanical Completion Certificate, Substantial Completion Certificate, or Final Completion Certificate shall not reduce or limit the Liability of Seller with respect to any breach of any representation, warranty, term, covenant, or other obligation under this Agreement or any Ancillary Agreement, including the obligation of Seller to complete the Work in accordance with the requirements of this Agreement.
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Consequence of Milestones. Seller acknowledges and agrees that, notwithstanding anything to the contrary, whether Mechanical Completion, Substantial Completion, or Final Completion is deemed to have been achieved as a result of a written confirmation by Buyer, the failure by Buyer to timely object to a certification by Seller that Mechanical Completion, Substantial Completion, or Final Completion has been achieved, or otherwise, the fact that Mechanical Completion, Substantial Completion, or Final Completion is deemed to have occurred shall not reduce or limit the Liability of Seller with respect to any breach of any representation, warranty, term, covenant, or other obligation under this Agreement or any Ancillary Agreement, including the obligation of Seller to complete the Work in accordance with the requirements of this Agreement and to Remedy any Defect covered by the Project Warranty.
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Related to Consequence of Milestones

  • Development Milestones In addition to its obligations under Paragraph 7.1, LICENSEE specifically commits to achieving the following development milestones in its diligence activities under this AGREEMENT: (a) (b).

  • Consequence of Lapse If required insurance lapses during the Term, the JBE is not required to process invoices after such lapse until Contractor provides evidence of reinstatement that is effective as of the lapse date.

  • Project/Milestones Taxpayer develops and manufactures various products for use in the defense, aerospace and security industries. In consideration for the Credit, Taxpayer agrees to expand its operations at various locations throughout California, including El Segundo, Redondo Beach, Palmdale, Sunnyvale, Woodland Hills, Azusa and Rancho Xxxxxxxx. As part of its expansion, Taxpayer will invest in manufacturing equipment, computer and electrical equipment and make tenant improvements to the above facilities. Additionally, Taxpayer will hire full-time employees as part of its expansion (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit “A” (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of Full- time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the Full-time employees hired and retained within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by the taxpayer for the entire taxable year shall be annualized. In addition, Xxxxxxxx agrees that any full-time employee hired after the effective date of this agreement that is a “qualified full-time employee” (as defined in RTC section 23636) shall be excluded from the calculation of the net increase of full-time employees required by this Agreement if Taxpayer claims the credit allowed by RTC section 23636.

  • Milestone A principal event specified in the Contract Documents including the Material Completion and Occupancy Date and other events relating to an intermediate completion date or time.

  • Milestones Subject to the provisions of the SGIP, the Parties shall agree on milestones for which each Party is responsible and list them in Attachment 4 of this Agreement. A Party’s obligations under this provision may be extended by agreement. If a Party anticipates that it will be unable to meet a milestone for any reason other than a Force Majeure event, it shall immediately notify the other Parties of the reason(s) for not meeting the milestone and (1) propose the earliest reasonable alternate date by which it can attain this and future milestones, and (2) requesting appropriate amendments to Attachment 4. The Party affected by the failure to meet a milestone shall not unreasonably withhold agreement to such an amendment unless it will suffer significant uncompensated economic or operational harm from the delay, (1) attainment of the same milestone has previously been delayed, or (2) it has reason to believe that the delay in meeting the milestone is intentional or unwarranted notwithstanding the circumstances explained by the Party proposing the amendment.

  • SCHEDULE AND MILESTONES The planned major milestones for the activities for this Annex defined in the "Responsibilities" Article are as follows:

  • Critical Milestones (a) Subject to the provisions of Section 3.1(c), commencing on the Effective Date, Seller shall develop the Facility in order to achieve the following milestones (“Critical Milestones”) on or before the date set forth in this Section 3.1(a):

  • PROJECT MILESTONES, REPORTING AND PAYMENTS 15. The milestones for the projects, their relationship to the outputs, expected completion dates, relevant reporting dates and expected payments to be made are set out in bilateral schedules to this Agreement. The Commonwealth will make payments subject to the performance reports demonstrating the relevant milestone has been met.

  • Targets and Milestones You may choose to develop specific additional targets and milestones which assess your performance in ITT over time – particularly if ITT trainees make up a significant proportion of your overall student body. Alternatively, you may have targets and milestones in your existing 2012-13 access agreement which you now also wish to apply to undergraduate and/or postgraduate ITT trainees. These targets may be statistical – based on how representative your entrants are and/or your retention performance – and might include annual or interim milestones to help you monitor whether you are making progress. You may wish to include criteria around the numbers of trainees in receipt of a full or partial maintenance grant, as financial data will need to be collected to determine bursary support and the data will also be accessible through the Student Loans Company for HEBSS subscribers. You may also wish to consider the TDA guidance at Annex C which gives information on specific groups that are Annex A underrepresented in the teaching profession. In this section, please state whether you intend to develop additional targets and milestones, or the extent to which you intend to use targets and milestones in your existing agreement which you now wish to extend to apply to undergraduate and/or postgraduate ITT trainees. Where you have new or amended milestones and targets, you should set these out in your Excel template (Annex B) at Table 6. The University of Cambridge does not intend to adjust its current targets or to develop additional targets and milestones for its ITT provision. The number of students on the PGCE programme amount to less than 4% of the total population of Cambridge students with which the Office for Fair Access is concerned, and all of those students have already experienced a first taste of higher education. It would therefore be disproportionate to set specific aims and objectives for this group.

  • Project Specific Milestones In addition to the milestones stated in Section 212.5 of the Tariff, as applicable, during the term of this ISA, Interconnection Customer shall ensure that it meets each of the following development milestones:

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