Project Development Security; Performance Assurance Sample Clauses

The 'Project Development Security; Performance Assurance' clause establishes requirements for the provision of financial or other forms of security to guarantee the developer’s performance of its obligations during the project development phase. This may involve posting bonds, letters of credit, or other assurances that the developer will meet key milestones, fulfill contractual duties, or remedy any defaults. By requiring such security, the clause protects the interests of the project owner or counterparty, ensuring that there are enforceable remedies or compensation available if the developer fails to perform as agreed.
Project Development Security; Performance Assurance. To secure its obligations under this Agreement Seller agrees to deliver to Buyer collateral, which Seller shall maintain in full force and effect for the period posted with Buyer, as follows: (i) Project Development Security in the amount and in the form set forth in the Cover Sheet with respect to this subpart (i) from the Execution Date of this Agreement until Seller posts Project Development Security pursuant to subpart (ii) below, with Buyer; (ii) Project Development Security in the amount and in the form set forth in the Cover Sheet with respect to this subpart (ii) from a date not later than thirty (30) days following the date on which all of the conditions precedent set forth in Article Eleven are either satisfied or waived until Seller posts Delivery Term Security pursuant to subpart (iii) below, with Buyer; and (iii) from the Commercial Operation Date until the end of the Term, the Delivery Term Security in the amount and in the form set forth in the Cover Sheet with respect to this subpart (iii). Any such Performance Assurance shall not be deemed a limitation of damages, unless otherwise specifically provided by the terms set forth in this Agreement.
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Project Development Security; Performance Assurance. To secure its obligations under this Agreement, satisfying any credit terms pursuant to the terms of Section 8.2, to the extent marked applicable, Seller agrees to deliver to Buyer (the “Secured Party”) within thirty (30) days of the date on which all of the conditions precedent set forth in Article Eleven are either satisfied or waived, and Seller shall maintain in full force and effect (i) until the Construction Start Date, Project Development Security in the amount and in the form set forth on the Cover Sheet, (ii) from the Construction Start Date until the Commercial Operation Date, Project Development Security in the amount and in the form set forth on the Cover Sheet and (iii) from the Commercial Operation Date until the end of the Term, the Delivery Term Security in the amount and in the form set forth on the Cover Sheet. Any such Performance Assurance shall not be deemed a limitation of damages.
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Project Development Security; Performance Assurance. To secure its obligations under this Agreement, in addition to satisfying any credit terms pursuant to the terms of Section 8.2 to the extent marked "Applicable," Seller agrees to deliver to Buyer (the "Secured Party") within thirty (30) days of the date on which all of the conditions precedent set forth in Article Eleven are either satisfied or waived, and Seller shall maintain in full force and effect (i) until the Commercial Operation Date, Project Development Security in the amount set forth on the Cover Sheet, the form of which shall be determined [in the sole discretion of][or][by] Buyer and (ii) from the Commercial Operation Date until the end of the Term, Performance Assurance in the amount set forth on the Cover Sheet, the form of which shall be determined [in the sole discretion of][or][by] Buyer. Any such security shall not be deemed a limitation of damages.
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Project Development Security; Performance Assurance. To secure its obligations under this Agreement Seller agrees to deliver to Buyer Performance Assurance, which Seller shall maintain in full force and effect for the period posted with Buyer, as follows: (i) Project Development Security in the amount and in the form set forth in the Cover Sheet with respect to this subpart (i) ($90,000.00), from the Execution Date of this Agreement until Seller posts Project Development Security pursuant to subpart (ii) below, with Buyer; (ii) Project Development Security in the amount and in the form set forth in the Cover Sheet with respect to this subpart (ii) ($360,000.00), from a date not later than ten (10) Business Days following the date on which all of the conditions precedent set forth in Article Eleven are either satisfied or waived until Seller posts Performance Assurance pursuant to subpart (iii) below, with Buyer; and (iii) Performance Assurance in the amount and in the form set forth in the Cover Sheet with respect to this subpart 8.4(a)(iii) ($2,821,000.00) to be delivered and posted as follows: (A) Commencing with the Commercial Operation Date, Buyer will withhold amounts from Seller's first eight monthly invoices for Product delivered during the Delivery Term and accumulate these amounts towards Seller's Performance Assurance as follows (collectively, the "Initial Performance Assurance"): (1) First monthly invoice - ten (10) percent of the total invoice amount, (2) Second monthly invoice - ten (10) percent of the total invoice amount, (3) Third montWy invoice - ten (10) percent of the total invoice amount, (4) Fourth montWy invoice -ten (10) percent of the total invoice amount, (5) Fifth monthly invoice - twenty five (25) percent of the total invoice amount, (6) Sixth monthly invoice - twenty five (25) percent of the total invoice amount, (7) Seventh monthly invoice - twenty five (25) percent of the total invoice amount, and (8) Eighth monthly invoice - twenty five (25) percent of the total invoice amount. The Initial Performance Assurance shall accumulate in an account managed by Buyer and remain posted from the date such Initial Performance Assurance is witWleld until (x) Seller posts the Full Chowchilla Facility 5 Performance Assurance pursuant to subpart 8.4(a)(iii)(B)(l), or (y) the end of the Term in the event Seller elects to post the Remaining Performance Assurance pursuant to subpart 8.4(a)(iii)(B)(2). (B) From no later than July 31, 2009 until the end of the Term, Seller shall post Performance As...
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Project Development Security; Performance Assurance. To secure its obligations under this Agreement, satisfying any credit terms pursuant to the terms of Section 8.2, to the extent marked applicable, Seller agrees to deliver to Buyer, and Seller shall maintain in full force and effect (i) from the Execution Date to the date Seller posts Project Development Security specified on the Cover Sheet for Section 8.2(d)(i)(ii), the sum of its cash Bid Deposits,
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Related to Project Development Security; Performance Assurance

  • Performance Assurance Seller agrees to deliver to Buyer Performance Assurance in a form acceptable to Buyer to secure its obligations under this Agreement, which Performance Assurance Seller shall maintain in full force and effect for the period posted with Buyer, as follows:

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Quarterly Contractor Performance Reporting Customers shall complete a Contractor Performance Survey (Exhibit I) for each Contractor on a Quarterly basis. Customers will electronically submit the completed Contractor Performance Survey(s) to the Department Contract Manager no later than the due date indicated in Contract Exhibit D, Section 17, Additional Special Contract Conditions. The completed Contractor Performance Survey(s) will be used by the Department as a performance-reporting tool to measure the performance of Contractors. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MyFloridaMarketPlace or on the Department's website).

  • Appropriation of Performance Security (i) Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice to its other rights and remedies hereunder or in law, be entitled to encash and appropriate the relevant amounts from the Performance Security as Damages for such Contractor’s Default. (ii) Upon such encashment and appropriation from the Performance Security, the Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial appropriation, to its original level the Performance Security, and in case of appropriation of the entire Performance Security provide a fresh Performance Security, as the case may be, and the Contractor shall, within the time so granted, replenish or furnish fresh Performance Security as aforesaid failing which the Authority shall be entitled to terminate the Agreement in accordance with Article 23. Upon replenishment or furnishing of a fresh Performance Security, as the case may be, as aforesaid, the Contractor shall be entitled to an additional Cure Period of 30 (thirty) days for remedying the Contractor’s Default, and in the event of the Contractor not curing its default within such Cure Period, the Authority shall be entitled to encash and appropriate such Performance Security as Damages, and to terminate this Agreement in accordance with Article 23.

  • OUTCOME IF GRANTEE CANNOT COMPLETE REQUIRED PERFORMANCE Unless otherwise specified in this Statement of Work, if Grantee cannot complete or otherwise comply with a requirement included in this Statement of Work, HHSC, at its sole discretion, may impose remedies or sanctions outlined under Contract Attachment D, Local Mental Health Authority Special Conditions, Section 7.09 (Remedies and Sanctions). CONTRACT NO. HHS001324500038