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LACK OF PROGRESS Sample Clauses

LACK OF PROGRESS. Any lack of progress which significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be solely within the discretion of the Commission. The Commission shall notify the Sponsor in writing once such a determination is made.
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LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: a. reject the Goods by Notice to the Supplier, in which case clause 3.5 will apply, or b. arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so.
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LACK OF PROGRESS. Either Party may terminate this Agreement, without any further obligation to the other Party, if (i) Seller has not, for any reason, issued by December 31, 2011 a notice to proceed with construction of the Exchange Resource, or (ii) for any reason, the Commercial Operation Date has not occurred by June 30, 2013.
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LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: reject the Goods by Notice to the Supplier, in which case clausesclause 3.6 to 3.75 will apply; or arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so. Rejection : If the Supplier receives a Notice from the Buyer rejecting the Goods, it must : remove any rejected Goods from the Buyer's premises at its own risk and expense. If the Supplier does not remove the rejected Goods within 15 Business Days of Notice of rejection, and if the Supplier fails to do so the Buyer may return the Goods and recover from the Supplier any cost and expense incurred., and If the Buyer rejects any Goods, the Supplier, at the Supplier’s cost, will do whichever onedo either of the following the Buyer elects. The Buyer must state the action required in its Notice issued under clause 3.3of rejection: provide a full refund of the Charges paid for the rejected Goods, within 10 Business Days of the Buyer electing to receive a refund, or provide a credit for the Charges paid for the rejected Goods, against the Charges payable for other Goods, or. promptly replace the rejected Goods with Goods that meet the requirements of this Contract. No limitation : The Buyer's rights under clauses 3.2 to 3.75 are in addition to, and do not limit, any other rights or remedies the Buyer may have. Ownership and risk Ownership of Goods : Ownership in the Goods passes to the Buyer on the earlier of: the date the Buyer has paid the Charges for those Goods, xxxxx the date those Goods have been delivered.
Sample 1
LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: reject the Goods by Notice to the Supplier, in which case clause 3.5 will apply; or arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so. Rejection: If the Supplier receives a Notice from the Buyer rejecting the Goods, it must: remove any rejected Goods from the Buyer's premises at its own risk within 15 Business Days of Notice of rejection, and if the Supplier fails to do so the Buyer may return the Goods and recover from the Supplier any cost and expense incurred, and do either of the following the Buyer elects in its Notice of rejection: provide a full refund of the Charges paid for the rejected Goods, within 10 Business Days of the Buyer electing to receive a refund, or provide a credit for the Charges paid for the rejected Goods, against the Charges payable for other Goods.
Sample 1
LACK OF PROGRESS. The Inspecting Engineer reports that construction of the Project lags more than thirty (30) days behind the schedule detailed in the Schedule and thereafter, within sixty (60) days of the date of the Inspecting Engineer’s report, construction of the Project has not been restored to conform with the Schedule.
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LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing, replacing or resupplying the Goods or Services, the Purchaser may either:
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Related to LACK OF PROGRESS

  • Development of the Property Except as modified by this Agreement, the Development and the Property will be developed in accordance with all applicable local, state, and federal regulations, including but not limited to the City’s ordinances and the zoning regulations applicable to the Property, and such amendments to City ordinances and regulations that that may be applied to the Development and the Property under Chapter 245, Texas Local Government Code, and good engineering practices (the “Applicable Regulations”). If there is a conflict between the Applicable Regulations and the Development Standards, the Development Standards shall control.

  • Development of the Project 4.1 TSP's obligations in development of the Project: a. for procuring and maintaining in full force and effect all Consents, Clearances and Permits, required in accordance with Law for development of the Project; b. for financing, constructing, owning and commissioning each of the Element of the Project for the scope of work set out in Schedule 1 of this Agreement in accordance with: i. the Electricity Act and the Rules made thereof; ii. the Grid Code; iii. the CEA Regulations applicable, and as amended from time to time, for Transmission Lines and sub-stations: • the Central Electricity Authority (Technical Standards for Connectivity to the Grid) Regulations, 2007; • Central Electricity Authority (Technical Standards for construction of Electrical Plants and Electric Lines) Regulation, 2010; • Central Electricity Authority (Grid Standard) Regulations, 2010; • Central Electricity Authority (Safety requirements for construction, operation and maintenance of Electrical Plants and Electrical Lines) Regulation, 2011; • Central Electricity Authority (Measures relating to Safety and Electricity Supply) Regulation, 2010; • Central Electricity Authority (Technical Standards for Communication System in Power System Operation) Regulations, 2020. iv. Safety/ security Guidelines laid down by the Government; v. Prudent Utility Practices, relevant Indian Standards and the Law; not later than the Scheduled COD as per Schedule 2 of this Agreement; c. for entering into a Connection Agreement with the concerned parties in accordance with the Grid Code. d. for owning the Project throughout the term of this Agreement free and clear of any encumbrances except those expressly permitted under Article 15 of this Agreement; e. to co-ordinate and liaise with concerned agencies and provide on a timely basis relevant information with regard to the specifications of the Project that may be required for interconnecting the Project with the Interconnection Facilities; f. for providing all assistance to the Arbitrators as they may require for the performance of their duties and responsibilities; g. to provide to the Nodal Agency and CEA, on a monthly basis, progress reports with regard to the Project and its execution (in accordance with prescribed form) to enable the CEA to monitor and co-ordinate the development of the Project matching with the Interconnection Facilities; h. to comply with Ministry of Power order no. 25-11/6/2018 – PG dated 02.07.2020 as well as other Guidelines issued by Govt. of India pertaining to this; i. to procure the products associated with the Transmission System as per provisions of Public Procurement (Preference to Make in India) orders issued by Ministry of Power vide orders No. 11/5/2018 - Coord. dated 28.07.2020 for transmission sector, as amended from time to time read with Department for Promotion of Industry and Internal Trade (DPIIT) orders in this regard (Procuring Entity as defined in above orders shall deemed to have included Selected Bidder and/ or TSP). Also, to comply with Department of Expenditure, Ministry of Finance vide Order (Public Procurement No 1) bearing File No. 6/18/2019- PPD dated 23.07.2020, Order (Public Procurement No 2) bearing File No. 6/18/2019-PPD dated 23.07.2020 and Order (Public Procurement No. 3) bearing File No. 6/18/2019-PPD, dated 24.07.2020, as amended from time to time, regarding public procurement from a bidder of a country, which shares land border with India; j. to submit to Nodal Agency information in the prescribed format [To be devised by Nodal Agency] for ensuring compliance to Article 4.1 i) above. k. to comply with all its obligations undertaken in this Agreement. 4.2 Roles of the Nodal Agency in implementation of the Project: 4.2.1 Subject to the terms and conditions of this Agreement, the Nodal Agency shall be the holder and administrator of this Agreement and shall inter alia: a. appoint an Independent Engineer within 90 days of the Effective Date b. provide letters of recommendation to the concerned Indian Governmental Instrumentality, as may be requested by the TSP from time to time, for obtaining the Consents, Clearances and Permits required for the Project; c. coordinate among TSP and upstream/downstream entities in respect of Interconnection Facilities; and d. monitor the implementation of the Agreement and take appropriate action for breach thereof including revocation of guarantees, cancellation of Agreement, blacklisting etc e. provide all assistance to the Arbitrators as required for the performance of their duties and responsibilities; and f. perform any other responsibility (ies) as specified in this Agreement.

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