Design and Performance Standards Sample Clauses

Design and Performance Standards. The Company represents and warrants that the Design/Build Work and the Capital Modifications designed and constructed by the Company will meet the performance criteria set forth in the Contract Standards and this Agreement. All design and engineering professional services performed to execute the Design/Build Work shall conform to the Contract Standards, the Pre-Design Requirements, the Design Documents, the Design Standard of Care, and Good Industry Practice.
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Design and Performance Standards. All Capital Improvements to the System shall adhere to the standards of the Guarantor, generally accepted water and sewer industry standards and practices, and the following design and performance standards:
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Design and Performance Standards. 64 SECTION 7.4. TERMINATION OF ADDITIONAL CAPITAL IMPROVEMENTS ...........................................64 SECTION 7.5. CAPITAL IMPROVEMENT FUND .................................................................65 ARTICLE VIII. RATES, REVENUES, SERVICE FEE AND ADJUSTMENTS............................................................67 SECTION 8.1. RATES, FEES AND OTHER CHARGES ............................................................67 SECTION 8.2. REVENUES .................................................................................67 SECTION 8.3. SERVICE FEE ..............................................................................67 SECTION 8.4. ADJUSTMENTS TO THE SERVICE FEE ...........................................................67 SECTION 8.5. ADJUSTMENTS TO THE RATES .................................................................70
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Design and Performance Standards. Company represents and warrants that the Facility will meet the performance criteria set forth in the Performance Standards outlined in the RFP and Appendix , except that such representation and warranty is void with respect to any defects or deficiencies that result from or are caused by, directly or indirectly, the delivery to the Facility of that is not . All design professional services performed to execute the Work shall conform to Good Industry Practices.
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Related to Design and Performance Standards

  • Continuity of Service and Performance Unless otherwise agreed in writing, the Parties shall continue to provide service and honor all other commitments under this Agreement during the course of a Dispute with respect to all matters not subject to such Dispute.

  • Duties and Performance From time to time during the term of this Agreement, Consultant shall provide such advisory services relating to the Company's financial status and capital structure (the "SERVICES") to Company as Consultant and Company shall agree. In connection with the Services, Consultant may develop and communicate to Company certain business opportunities with entities known to Consultant; the Services may include various types of arrangements, including direct investment into Company.

  • Time for Performance 1.1. The term of this SOW Agreement shall begin on and end on (the “Initial Term”). The Initial Term may be extended as the parties may agree. The State may terminate this SOW for convenience upon thirty days prior written notice to the Contractor. If the Master Agreement should expire or otherwise terminate prior to the end of the term of this SOW Agreement, this SOW Agreement shall continue to the end of its existing term, unless or until terminated in accordance with the terms of this SOW Agreement, and the Parties acknowledge and agree that the terms of the Master Agreement shall survive and apply to this SOW Agreement.

  • Capacity and Performance (a) During the term hereof, the Executive shall serve the Company as its Vice President and Chief Operating Officer. In addition, and without further compensation, the Executive shall serve as a director of the Company, if so elected by the stockholders of the Company, and shall serve as a director of one or more of the Company’s Affiliates if so elected from time to time.

  • Payment and Performance Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. Borrower will cause each other Restricted Person to observe, perform and comply with every such term, covenant and condition.

  • PAYMENT AND PERFORMANCE OF LIABILITIES The Borrowers shall pay each payment Liability when due (or when demanded, if payable on demand) and shall promptly, punctually, and faithfully perform each other Liability.

  • Payment and Performance of Obligations Pay and perform all material Obligations under this Agreement and the other Loan Documents, and pay or perform (a) all taxes, assessments and other governmental charges that may be levied or assessed upon it or any of its property, and (b) all other indebtedness, obligations and liabilities in accordance with customary trade practices; except to the extent that IPT or the Borrower is contesting any item described in clauses (a) or (b) of this Section 7.5 in good faith and is maintaining adequate reserves with respect thereto in accordance with GAAP.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.

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