Payment Reserved Rights Sample Clauses

Payment Reserved Rights. Notwithstanding any other provision of this Agreement, NYSERDA reserves the right to deny or alter payment of an Incentive, to exercise its set-off rights, or to seek reimbursement of incentives paid if, at any time, it learns that the approved Project was not actually installed; was not installed as required under the applicable Bulk Energy Storage Incentive Program rules, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; was not installed according to the approved system design; was completely installed prior to notification of NYSERDA’s acceptance of the Project; if a system is no longer operating in accordance with the applicable rules of the Bulk Energy Storage Incentive Program, the Bulk Energy Storage Incentive Program Manual, as applicable, or this Agreement; or if Contractor assigns, transfers, conveys, or otherwise disposes of this Agreement or any of Contractor’s rights, obligations, interests or responsibilities hereunder, in whole or in part, without the express consent in writing by NYSERDA. NYSERDA may: (a) elect to not pay the incentive; (b) require changes before making any payments; (c) require reimbursement of incentives already paid unless the requested changes are made; (d) withhold approval of project applications for other Projects under the Bulk Storage Incentive Program; or (e) exercise its set-off rights. If a Project is relocated outside of New York, or relocated to another location that is ineligible for the NYSERDA incentive due to its customers not paying the SBC Surcharge, during the term required in §3.6 of this Agreement, NYSERDA shall seek a return of the incentive funding from the Contractor, developer, or asset owner of record that shall be calculated based on a pro-rata share of the ten (10) years that the system would not be located at an eligible New York State location.
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Payment Reserved Rights. Notwithstanding any other provision of this Agreement, NYSERDA reserves the right to deny or alter payment of an Incentive, to exercise its set-off rights, or to seek reimbursement of incentives paid if, at any time, it learns that the approved Project was not actually installed; was not installed as required under the Bulk Energy Storage Incentive Program, the Bulk Energy Storage Incentive Program Manual, or this Agreement; was not installed according to the approved system design; was completely installed prior to submission to NYSERDA of the Project Application; if a system is no longer operating in accordance with the rules of the Bulk Energy Storage Incentive Program, the Bulk Energy Storage Incentive Program Manual, or this Agreement; or if Contractor assigns, transfers, conveys, or otherwise disposes of this Agreement or any of Contractor’s rights, obligations, interests or responsibilities hereunder, in whole or in part, without the express consent in writing by NYSERDA. NYSERDA may: (a) elect to not pay the incentive; (b) require changes before making any payments; (c) require reimbursement of incentives already paid unless the requested changes are made;
Sample 1

Related to Payment Reserved Rights

  • Payments Comprising the Fund Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.

  • PRIORITY HIRING CONSIDERATIONS If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

  • Contract Distribution The Employer will provide all current and new employees with a link to the new Agreement. Each department or unit will maintain a paper copy of the contract accessible to all employees.

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  • Payment of Consideration The Consideration shall be paid to the Contributor in the following manner:

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  • Cash Payments Merchant may not receive any payments from a Cardholder for charges included in any Transaction resulting from the use of any Card nor receive any payment from a Cardholder to prepare and present a Transaction for the purpose of affecting a deposit to the Cardholder's Card account.

  • Full-Time Equivalent (FTE) and Employer Contributions a) The FTE used to determine the Board’s benefits contributions will be based on the average of the Board’s FTE as of October 31st and March 31st of each year.

  • Treatment of Passthru Payments and Gross Proceeds The Parties are committed to work together, along with Partner Jurisdictions, to develop a practical and effective alternative approach to achieve the policy objectives of foreign passthru payment and gross proceeds withholding that minimizes burden.

  • Contribution Amounts The Sellers and the Underwriters agree that it would not be just or equitable if contribution pursuant to this Section 8 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in Section 8(h). The amount paid or payable by an indemnified party as a result of the losses, claims, damages and liabilities referred to in the immediately preceding paragraph shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 8, no Underwriter shall be required to contribute any amount in excess of the amount by which the total price at which the Shares underwritten by it and distributed to the public were offered to the public exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The remedies provided for in this Section 8 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any indemnified party at law or in equity.

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