Limitation on Energy Savings Guarantee Sample Clauses

Limitation on Energy Savings Guarantee. H&H has disclosed to Client and Client acknowledges that H&H’s ability to deliver the Total Guaranteed Savings is dependent upon the existence of certain assumptions and factors outside of H&H’s control (collectively, “Assumed Conditions”). These Assumed Conditions include but are not limited to, the following:  Client executing and issuing H&H a notice to proceed with the Work no later than December 1, 2016;  At all times relevant to H&H’s Investment Grade Audit and H&H’s determination of the Calculated Annual Utility Savings, to the best of Client’s knowledge Client’s operation of the Facility has been in compliance with all applicable building codes, regulations and requirements. To illustrate this Assumed Condition by way of an example, Section 403 of the International Mechanical Code 2006 sets forth the level of ventilation by mechanical means required within a building intended to be occupied. H&H relies on the assumption that Client has operated the Facility in compliance with said code, and Client’s failure to comply with said requirements constitutes a failure of an Assumed Condition.  Client promptly performing Client’s Responsibilities set forth in Section 10 of this Agreement and all other duties imposed by this Agreement;  Client maintaining the operating parameters for the completed work as set forth in Exhibit D (“Operating Parameters”);  Client following the control sequences specified in the design and engineering documents;  The absence of changes in materials or equipment used at the Facility that affects the projected Total Guaranteed Savings;  The accuracy of all information provided by Client and otherwise available to H&H at the time of this Agreement;  The absence of changes in other conditions that are reasonably expected to inhibit H&H’s ability to achieve the Total Guaranteed Savings. Client agrees that in the event any of the foregoing Assumed Conditions fail for reasons that are not primarily due to the acts or omissions of H&H, H&H’s Guarantee shall no longer apply. Without limiting the foregoing, if H&H determines that it is reasonably practical, H&H shall calculate and send to Client a notice of adjustment to the baseline and/or other assumptions upon which the Total Guaranteed Savings were based to reflect the impact of such change or condition. Except as expressly provided in Section 9.7.1., the adjustment shall become effective as of the date that the change or condition first arose.
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Related to Limitation on Energy Savings Guarantee

  • Limitation on Services Except in cases of Emergency Services or Urgent Care, or as otherwise provided under this Certificate, services are available only from Participating Providers and HMO shall have no liability or obligation whatsoever on account of any service or benefit sought or received by a Member from any Physician, Hospital, Skilled Nursing Facility, home health care agency, or other person, entity, institution or organization unless prior arrangements are made by HMO.

  • Limitation on Benefits (a) It is the intention of the Executive and of the Employers that no payments by the Employers to or for the benefit of the Executive under this Agreement and/or any other agreement or plan pursuant to which the Executive is entitled to receive payments or benefits shall be non-deductible to the Employers by reason of the operation of Section 280G of the Code relating to parachute payments. Accordingly, and notwithstanding any other provision of this Agreement or any such agreement or plan, if by reason of the operation of said Section 280G, any such payments exceed the amount which can be deducted by the Employers in the aggregate, such payments shall be reduced to the maximum amount which can be deducted by the Employers. To the extent that payments exceeding such maximum deductible amount have been made to or for the benefit of the Executive, such excess payments shall be refunded to the Employers with interest thereon at the applicable Federal Rate determined under Section 1274(d) of the Code, compounded annually, or at such other rate as may be required in order that no such payments shall be non-deductible to the Employers by reason of the operation of said Section 280G. To the extent that there is more than one method of reducing the payments to bring them within the limitations of said Section 280G, the Executive shall determine which method shall be followed, provided that if the Executive fails to make such determination within forty-five days after the Employers have sent him written notice of the need for such reduction, the Employers may determine the method of such reduction in their sole discretion.

  • Limitation on Payment of Funding Despite section 4.1, the LHIN:

  • Limitation on Payments In the event that the severance and other benefits provided for in this Agreement or otherwise payable to Executive (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code, then Executive’s benefits under Section 3 will be either:

  • Limitation on Payment of Funds Despite section A4.1:

  • SAVINGS PROVISIONS 19.1 If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.

  • Weekly Guarantee Apprentices must be employed a minimum of forty (40) hours per week.

  • The Guarantee Each Guarantor hereby jointly and severally with the other Guarantors guarantees, as a primary obligor and not merely as a surety to each Secured Party and their respective permitted successors and assigns, the prompt payment in full when due (whether at stated maturity, by required prepayment, declaration, demand, by acceleration or otherwise) of the principal of and interest (including any interest, fees, costs or charges that would accrue but for the provisions of (i) the Title 11 of the United States Code after any bankruptcy or insolvency petition under Title 11 of the United States Code and (ii) any other Debtor Relief Laws) on the Loans made by the Lenders to, and the Notes held by each Lender of, the Borrower, and all other Secured Obligations from time to time owing to the Secured Parties by any Loan Party or any Subsidiary under any Loan Document or any Secured Hedge Agreement or any Treasury Services Agreement, in each case strictly in accordance with the terms thereof (such obligations, including any future increases in the amount thereof, being herein collectively called the “Guaranteed Obligations”); provided, however, that Guaranteed Obligations shall exclude all Excluded Swap Obligations. The Guarantors hereby jointly and severally agree that if the Borrower or other Guarantor(s) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Guarantors will promptly pay the same in cash, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

  • Limitation on Out of-State Litigation - Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.

  • SAVINGS PROVISION If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.

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