PDA Clause Samples
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PDA. Upon the full execution of this Agreement, the PDA shall terminate and cease to be of further force or effect, and the Parties’ rights, liabilities and obligations thereunder shall automatically cease without further action of the Parties. In Witness Whereof, this Agreement is executed by the duly authorized officers or representatives of the Parties as of the date first set forth above. By: BDM Associates LLC, Its Manager By: By: Name: ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇ Title: Mayor Title: Manager 2017-10-02 - DEVELOPMENT AGREEMENT BTC CLEAN DRAFT (00278688-16XA9531) 51 sheet plan set entitled “Burlington Town Center, Burlington, Vermont, Planning & Zoning Submission” prepared by PKSB Plus Architects and dated December 15, 2016 and last revised February 16, 2017, as supplemented by “Cellar Plan” Sheet A-050 last revised July 12, 2017, “Floor Plans 1-4th” Sheet A-051 last revised February 21, 2017, “Elevations – Bank Street & Pine Street” Sheet A-202 last revised July 12, 2017, and “Site Plan” Sheet C-103 last revised July 7, 2017. 302 page report entitled “Great Streets BTV, City of Burlington, Downtown Street Design & Construction Standards” last revised July 10, 2017, prepared as a joint project of the Community & Economic Development Office and the Department of Public Works, together with the 231 page Appendix. The foregoing is incorporated by reference but not attached. Survey entitled “Lot Line Adjustment for BTC Mall Associates LLC, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Vermont, by LATITUDES Land Surveying, dated January 9, 2017 and recorded in Map Slide 533B of the City of Burlington Land Records.
PDA. Upon the full execution of this Agreement, the PDA shall terminate and cease to be of further force or effect, and the Parties’ rights, liabilities and obligations thereunder shall automatically cease without further action of the Parties.
PDA. (i) The intention of the Members as to the PDA is to keep it relatively unchanged. The PDA will be amended only to reflect the sell-through sales structure while preserving the substantive risk allocation between Bloom Energy and SK (the “PDA Amendment”). For example, warranties or other performance guarantees applicable following the commencement of commercial operation will continue to be the standard Bloom Energy warranties and guarantees. Such commitments will continue to be long-term service agreements between the end-use customer and Bloom Energy (or, as Bloom Energy may determine, a non-JV affiliate of Bloom Energy such as Bloom Energy Korea, LLC). The Distributor Excess Performance LD Commitment and related LD Backstop Payment, and Pre-Commissioning Completion Warranty and related Warranty Correction (each, as defined in each PDA) shall continue to apply.
(ii) Under the PDA Amendment, the price paid to Bloom Energy for the Bloom Energy Server (less the YFP) shall be the difference between (a) the Product Pr1tldice (as defined in the PDA), less (b) the Benchmark Price for the JV Scope.
(iii) Under the PDA Amendment, the price paid to the JV Company for the JV Scope shall be not less than the greater of (i) the JV Transfer Price; or (ii) the Benchmark Price for the JV Scope. If SK pays the JV Transfer Price to the JV Company, then the difference between the JV Transfer Price and the Benchmark Price shall be recorded as an “Overage” for purpose of the Overage Distribution Preference.
PDA. In full payment for its services, PDA shall be paid commission payments based on the amount of money actually collected by LRC under its contracts for Studies, as invoiced (defined as total payments minus credits relating to any Study or Studies for which any amount has been collected) which are initiated and negotiated by PDA for LRC and as follows:
PDA. The term shall have the meaning set forth in the introductory paragraph of this Agreement.
PDA. The Employer agreed to allow Union input into the decisions relative to the above three points. March 17, 2008. ▇▇▇▇ ▇▇▇▇▇▇▇ Chairperson Dental Centre Unit CAW Canada Local 1136 During the 2007 contract negotiations, it was agreed that any reduction from a five day work week are to be at Managements discretion and on an individual basis. March 11, 2011 ▇▇▇▇ ▇▇▇▇▇▇▇ Chairperson Dental Centre Unit CAW Canada Local 1136 During the 2011 contract negotiations, it was agreed that when replacing a full-time employee who retires, the replacement shall be a full-time employee.
