Common use of CONTRACTOR GUARANTEES Clause in Contracts

CONTRACTOR GUARANTEES. 9.3.1 On the Effective Date, Contractor shall deliver an executed Contractor Guarantee from each Contractor Guarantor. Contractor shall cause each of the Contractor Guarantees to remain in full force and effect until the expiration of the Warranty Period. Contractor acknowledges that Owner shall have the right, in its sole discretion, to issue demands for payment under either or both of the Contractor Guarantees. 9.3.2 As soon as available, but in any event within [***] Days after the end of the first three fiscal quarters of each Contractor Guarantor, Contractor shall deliver to Owner the unaudited and consolidated balance sheet of such Contractor Guarantor, as of the end of such quarter, the related consolidated statements of income, cash flows, and retained earnings and stockholders’ equity for such quarter, all of which shall be certified by the chief financial officer or equivalent officer of such Contractor Guarantor subject to normal year-end audit adjustments. As soon as available, but in any event no later than [***] Days after the end of each fiscal year of each Contractor Guarantor, Contractor or such Contractor Guarantor shall deliver to Owner a copy of the audited consolidated balance sheets at the end of each such year as well as the related consolidated statements of income, retained earnings, and cash flows for such year. All financial statements delivered pursuant to this Section 9.3 shall be complete and correct in all material respects and shall be prepared in accordance with generally accepted accounting principles applied consistently throughout the periods reflected therein. If a Contractor Guarantor makes the foregoing financial statements publicly available on its website or through filings pursuant to applicable securities laws, then the requirements of this Section 9.3 shall be deemed met by such Contractor Guarantor making such financial statements publicly available in accordance with the requirements of applicable securities laws or, otherwise, in accordance with its customary practice.

CONTRACTOR GUARANTEES. 9.3.1 On Owner acknowledges receipt of the Effective Date, Contractor shall deliver an executed Contractor Guarantee from each Contractor GuarantorGuarantees. Contractor shall cause each of the Contractor Guarantees to remain in full force and effect until the expiration of the Warranty Period. Contractor acknowledges that Owner shall have the right, in its sole discretion, to issue demands for payment under either or both of the Contractor Guarantees. 9.3.2 As soon as available, but in any event within [***] Days after the end of the first three fiscal quarters of each Contractor Guarantor, Contractor shall deliver to Owner the unaudited and consolidated balance sheet of such Contractor Guarantor, as of the end of such quarter, the related consolidated statements of income, cash flows, and retained earnings and stockholders’ equity for such quarter, all of which shall be certified by the chief financial officer or equivalent officer of such Contractor Guarantor subject to normal year-end audit adjustments. As soon as available, but in any event no later than [***] Days after the end of each fiscal year of each Contractor Guarantor, Contractor or such Contractor Guarantor shall deliver to Owner a copy of the audited consolidated balance sheets at the end of each such year as well as the related consolidated statements of income, retained earnings, and cash flows for such year. All financial statements delivered pursuant to this Section 9.3 shall be complete and correct in all material respects and shall be prepared in accordance with generally accepted accounting principles applied consistently throughout the periods reflected therein. If a Contractor Guarantor makes the foregoing financial statements publicly available on its website or through filings pursuant to applicable securities laws, then the requirements of this Section 9.3 shall be deemed met by such Contractor Guarantor making such financial statements publicly available in accordance with the requirements of applicable securities laws or, otherwise, in accordance with its customary practice.