Xxxxx’s Right to Draw on Development Security Sample Clauses

Xxxxx’s Right to Draw on Development Security. If Seller fails to timely pay any Daily Delay Damages or Commercial Operation Delay Damages, Buyer may draw upon the Development Security to satisfy Seller’s payment obligation thereof. EXHIBIT C COMPENSATION
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Xxxxx’s Right to Draw on Development Security. If Seller elects to extend the Guaranteed Construction Start Date pursuant to Section 1(b) of this Exhibit B and/or if Seller elects to extend the Guaranteed Commercial Operation Date pursuant to Section 2(b) of this Exhibit B, but Seller fails to timely pay any Daily Delay Damages or Commercial Operation Delay Damages, then Buyer may draw upon the Development Security to satisfy Seller’s payment obligation thereof and Seller shall be required to replenish the Development Security in an amount equal to Xxxxx’s draw. EXHIBIT C RESERVED EXHIBIT D RESERVED SCHEDULING COORDINATOR RESPONSIBILITIES
Sample 1
Xxxxx’s Right to Draw on Development Security. If Seller fails to timely pay any Daily Delay Damages or Commercial Operation Delay Damages, Buyer may draw upon the Development Security to satisfy Seller’s payment obligation thereof, and Seller shall replenish the Development Security to its full amount within five (5) Business Days after such draw. EXHIBIT C [Intentionally Omitted] EXHIBIT D GUARANTEED ENERGY PRODUCTION DAMAGES CALCULATION In accordance with Section 4.8, if Seller fails to achieve the Guaranteed Energy Production during any Performance Measurement Period, a liquidated damages payment shall be due from Seller to Buyer, calculated as follows: [(A – B) * (C – D)] where: A = the Guaranteed Energy Production amount for the Performance Measurement Period, in MWh B = the Adjusted Energy Production amount for the Performance Measurement Period, in MWh C = Replacement price for the Performance Measurement Period, in $/MWh, which is the sum of (a) the simple average of the Integrated Forward Market hourly price for all the hours in the Performance Measurement Period, as published by the CAISO, for the Existing Zone Generation Trading Hub (as defined in the CAISO Tariff) for the Delivery Point, plus (b) $50/MWh. D = the average Renewable Rate for the Performance Measurement Period, in $/MWh No payment shall be due if the calculation of (A - B) or (C - D) yields a negative number. Within sixty (60) days after each Performance Measurement Period, Buyer will send Seller Notice of the amount of damages owing, if any, which shall be payable to Buyer before the later of (a) thirty (30) days of such Notice and (b) ninety (90) days after each Performance Measurement Period.
Sample 1
Xxxxx’s Right to Draw on Development Security. If Seller fails to timely pay any Daily Delay Damages or Commercial Operation Delay Damages, Buyer may draw upon the Development Security to satisfy Seller’s payment obligation thereof, and Seller shall replenish the Development Security to its full amount within five (5) Business Days after such draw. EXHIBIT C RESERVED TEHACHAPI PLAINS WIND, LLC (“Seller”) (“Buyer”) All Notices: Terra-Gen, LLC 00000 Xx Xxxxxx Xxxx, Xxxxx 000 Xxx Xxxxx, XX 00000 With a copy to: Xxxx.Xxxx@xxxxx-xxx.xxx <xxxxx@xxxxx-xxx.xxx> All Notices: Street: City: Attn: Phone: Facsimile: Email:
Sample 1
Xxxxx’s Right to Draw on Development Security. If Seller fails to timely pay any Daily Delay Damages or Commercial Operation Delay Damages, Buyer may draw upon the Development Security to satisfy Seller’s payment obligation thereof, and Seller shall replenish the Development Security to its full amount within five (5) Business Days after such draw. EXHIBIT C [Intentionally Omitted] EXHIBIT D Reserved. EXHIBIT E PROGRESS REPORTING FORM Within fifteen (15) days after the close of (i) each calendar quarter from the first calendar quarter following the Effective Date until the Construction Start Date, and (ii) each calendar month from the first calendar month following the Construction Start Date until the Commercial Operation Date, Seller shall provide to Buyer a written Progress Report in the form specified below. Each Progress Report must include the following items: Executive summary. Site plan of the Facility. Description of any planned changes to the Facility or the Site. Xxxxx chart schedule showing progress on achieving each of the Milestones. Summary of activities during the previous calendar quarter or month, as applicable, including any OSHA labor hour reports. Forecast of activities scheduled for the current calendar quarter. Written description about the progress relative to Xxxxxx’s Milestones, including whether Seller has met or is on target to meet the Milestones. List of issues that could potentially affect Seller’s Milestones. A status report of start-up activities including a forecast of activities ongoing and after start-up, a report on Facility performance including performance projections for the next twelve (12) months. Progress and schedule of all agreements, contracts, permits, approvals, technical studies, financing agreements and major equipment purchase orders showing the start dates, completion dates, and completion percentages. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and startup progress of the Facility, the interconnection into the Transmission System and all other interconnection utility services. Workforce Development or Supplier Diversity Reporting (if applicable). Format to be provided by Buyer. Any other documentation reasonably requested by Xxxxx. EXHIBIT F BUYOUT OPTION
Sample 1

Related to Xxxxx’s Right to Draw on Development Security

  • Right to Opt Out IF YOU DO NOT WISH TO ARBITRATE DISPUTES YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH US ARBITRATED BY NOTIFYING US IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR FIRST ACCESS TO OR USE OF THE SITES, BY MAIL TO 000 XXXXXXXXXXX XXXX, XXXXXXXX, XXX XXXX 00000. YOUR WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME, ADDRESS AND TELEPHONE NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH YS THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR PRODUCTS AND SERVICES PROVIDED BY US.

  • Use of Project Development Security Buyer shall be entitled to draw upon the Project Development Security posted by Seller for Daily Delay Damages until such time as the Project Development Security is exhausted. Buyer shall also be entitled to draw upon the Project Development Security for any damages arising upon Buyer’s declaration of an Early Termination Date.

  • MANAGEMENT SECURITY Section 1. The Federation hereby accepts liability for any damage to or loss of state property that is the proximate cause of action by striking employees of this bargaining unit, provided however, that liability under this section shall be restricted to include any alleged loss of revenue or other incidental or punitive damage sought by the Employer.

  • Xxxxxxxx’s Right to Reinstate the Loan after Acceleration If Xxxxxxxx meets certain conditions, Borrower will have the right to reinstate the Loan and have enforcement of this Security Instrument discontinued at any time up to the later of (a) five days before any foreclosure sale of the Property, or (b) such other period as Applicable Law might specify for the termination of Xxxxxxxx’s right to reinstate. This right to reinstate will not apply in the case of acceleration under Section 19. To reinstate the Loan, Borrower must satisfy all of the following conditions: (aa) pay Lender all sums that then would be due under this Security Instrument and the Note as if no acceleration had occurred; (bb) cure any Default of any other covenants or agreements under this Security Instrument or the Note; (cc) pay all expenses incurred in enforcing this Security Instrument or the Note, including, but not limited to: (i) reasonable attorneys’ fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to protect Xxxxxx’s interest in the Property and/or rights under this Security Instrument or the Note; and (dd) take such action as Lender may reasonably require to assure that Xxxxxx’s interest in the Property and/or rights under this Security Instrument or the Note, and Xxxxxxxx’s obligation to pay the sums secured by this Security Instrument or the Note, will continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (aaa) cash; (bbb) money order; (ccc) certified check, bank check, treasurer’s check, or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity; or (ddd) Electronic Fund Transfer. Upon Xxxxxxxx’s reinstatement of the Loan, this Security Instrument and obligations secured by this Security Instrument will remain fully effective as if no acceleration had occurred.

  • STATE'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the State to commence and continue correction of such default or neglect with diligence and promptness, the State may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Architect's and the State’s additional services made necessary by such default, neglect or failure. Such action by the State and the amount charged to the Contractor are both subject to review by the Architect under Paragraph 2.2.14 of these General Conditions. If the payments then or thereafter due the Contractor are not sufficient to cover the amounts paid by the State to make good such deficiencies, then the Contractor shall pay the difference to the Owner.

  • -Day Right to Opt Out You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: xxxxxxx@xxxxxx.xx, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Third-Party Account username (if any), the email address you used to set up your Third PartyAccount (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

  • Xxxxxxxx’s Right to Reinstate After Acceleration If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower’s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys’ fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender’s interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Xxxxxx’s interest in the Property and rights under this Security Instrument, and Borrower’s obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d)

  • RIGHT TO DEVELOP AIRPORT It is covenanted and agreed that Authority reserves the right to further develop or improve the Airport and all landing areas and taxiways as it may see fit, regardless of the desires or views of Company or its subcontractors and without interference or hindrance.

  • Payment Security Mechanism Letter of Credit (LC):

  • STUDENT’S RIGHT TO CANCEL You have the right to cancel or withdraw and receive a refund of 100% of the amount paid for institutional charges, less the STRF of $0.00, and a reasonable deposit or application fee not to exceed $250, through attendance at the first class session, or the seventh day after enrollment, whichever is later, if notice of cancellation is received on or before the right to cancel date. See table below. First Term of Enrollment 2020-2021 Academic Year Application Deadline Classes Begin Right to Cancel Date Fall Term 2020 Sept 1, 2020 Sept 8, 2020 Sept 15, 2020 Spring Term 2021 Jan 14, 2021 Jan 19, 2021 Jan 26, 2021 Summer Term 2021 June 1, 2021 June 7, 2021 June 14, 2021 To cancel, students must submit a written and signed notice of Withdrawal Form to the Registrar's Office by the right to cancel date above. The Withdrawal Form can be downloaded from xxx.xxxxxxxxxxxxxxxx.xxx/xxxxxxxxx/ student-forms. Students are not required to purchase books, supplies or equipment through Cambridge College, and the College does not offer student housing or transportation. Therefore these expenses cannot be refunded by the College. REFUNDS & REPAYMENT Students who withdraw from Cambridge College after having paid the current term charges or receiving financial aid are subject to the following refund and repayment policies. Federal guidelines mandate that tuition, fees, and other related charges are prorated based upon each student’s enroll- ment status. Tuition and fees may be refunded. No other charges are refundable. REFUNDS & REPAYMENT—STUDENTS RECEIVING TITLE IV FINANCIAL AID Exit Counseling. All borrowers of federal student loans must complete federally mandated exit counseling when gradu- ating or dropping to less than half-time enrollment status. Exit counseling prepares students for repayment. Students must do the exit counseling in its entirety, with complete and correct information; otherwise the degree, diploma, and official transcripts will be withheld. To complete the exit interview online, go to xxx.xxxxxxxxxxxx.xxx, and click on Exit Counseling. Repayment of Federal Funds. Students receiving federal financial aid, who withdraw from the College or stop attending all classes during a term before more than 60% of the term has elapsed, are subject to specific federal regulations. The amount of Title IV aid that you must repay is determined by the federal formula for return of Title IV funds as speci- fied in Section 484B of the Higher Education Act. The amount of Title IV aid that you earned during the term before you withdrew is calculated by multiplying the total aid for which you qualified by the percentage of time in the term that you were enrolled (college work-study not included). Your disbursement or repayment owed: • If less aid was disbursed to you than you earned, you may receive a late disbursement for the difference. • If more aid was disbursed to you than you earned, you will be billed for the amount you owe to the Title IV programs and any amount due to the College resulting from the return of Title IV funds used to cover College charges. Cambridge College will return the unearned aid to Title IV programs as specified by law. Students who have received federal student financial aid funds are entitled to a refund of any moneys not paid from federal student financial aid program funds (see below).

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