Examples of Construction Performance Guarantee in a sentence
The Construction Performance Guarantee and the powers and provisions herein contained are in addition to and not by way of limitation of or substitution for any other guarantee or guarantees heretofore given to you by us (whether jointly with others or alone) and now existing un-cancelled and that Construction Performance Guarantee is not intended to and shall not revoke or limit such guarantee or guarantees.
Subject to the maximum limit of our liability as aforesaid, Construction Performance Guarantee will cover all your claim or claims against the Construction from time to time arising out of or in relation to the Agreement and in respect of which your claim in writing is lodged on us before expiry of three months from the date of expiry of Construction Performance Guarantee.
Notwithstanding anything to the contrary we agree that your decision as to whether the Concessionaire has made any such default or defaults and the amount or amounts to which you are entitled by reasons thereof will be binding on us and we shall not be entitled to ask you to establish your claim or claims under Construction Performance Guarantee but will pay the same forthwith on your demand without any protest or demur.
The Construction Performance Guarantee shall come into force from the date of its execution and shall not be revoked by us any time during its currency without your previous consent in writing.
The Construction Performance Guarantee shall not in any way be affected by your taking or giving up any securities from the Concessionaire or any other person, firm or company on its behalf or by the winding up, dissolution, insolvency or death as the case may be of the Concessionaire.
In order to give full effect to the guarantee herein contained, you shall be entitled to act as if we were your principal debtors in respect of all your claims against the Concessionaire hereby guaranteed by us as aforesaid and we hereby expressly waive all our rights of surety and other rights, if any, which are in any way inconsistent with any of the provisions of Construction Performance Guarantee.
The Construction Performance Guarantee shall not be affected by any change in the constitution of the Concessionaire or us nor shall it be affected by any change in your constitution or by any amalgamation or absorption thereof or therewith but will endure to the benefit of and be available to and be enforceable by the absorbing or amalgamated company or concern.
Should it be necessary to extend Construction Performance Guarantee on account of any reason whatsoever, we undertake to extend the period of Construction Performance Guarantee on your request under intimation to the Concessionaire till such time as may be required by you.
If the ACP makes a demand under such Terminal Construction Performance Guarantee in accordance with clause 12.2 it shall notify the Concessionaire following which the Concessionaire shall within seven (7) days of such notice provide to the ACP a replacement Terminal Construction Performance Guarantee in an amount equal to the applicable amount.
The beginning date of the one year period shall be the date of the vote by the Board of Selectmen to accept the improvements as well as the Post Construction Performance Guarantee, and to specifically begin the time period.