SGF Performance and Corrective Actions Sample Clauses

SGF Performance and Corrective Actions. (a) Contractor warrants and guarantees that, subject to the provisions of paragraph (c) below, by the Guaranteed Substantial Completion Date for each SGF, SGF Production Tests will have demonstrated achievement of the Predicted AC Energy Output with respect to such SGF in accordance with the provisions of Attachment IV. If the SGF Production Test does not demonstrate by such date that such Predicted AC Energy Output has been achieved, then, subject to the provisions of paragraph (c) below, Contractor shall continue its efforts to cause the SGF to achieve the Predicted AC Energy Output, while paying Delay Damages pursuant to Section 7.3. Substantial Completion shall be deemed to occur with respect to such SGF, and Delay Damages shall cease to accrue with respect to such SGF, upon the satisfactory achievement of the Predicted AC Energy Output for that SGF as demonstrated by the SGF Production Test, provided that all other requirements for Substantial Completion have been and remain satisfied. (b) Notwithstanding the foregoing, in no event will Contractor be entitled to continue its efforts to achieve correct performance beyond the date that is thirty (30) days after the Guaranteed Substantial Completion Date, unless Owner and Authority consent thereto in writing and Contractor continues paying Delay Damages. After such thirty (30) day period (or such longer period as may be agreed by Owner and Authority as stated above), Owner may exercise its remedies for termination due to a Contractor Event of Default as provided in this Agreement. (c) Contractor’s warranty with respect to the Predicted AC Energy Output does not apply, and Contractor shall not be obligated to provide the remedies stated in the above paragraphs, to the extent Contractor establishes that the failure to achieve the Predicted AC Energy Output is due to inherent defects in Owner-Furnished Materials or in Owner-Furnished Engineering not caused or exacerbated by Contractor or its Subcontractors, or to conditions that would excuse Contractor from its warranty obligations under ARTICLE 13. In the event that it is determined that the shortfall in Predicted AC Energy Output is partly due to Contractor’s failure to perform in accordance with the requirements of this Agreement, Contractor shall be responsible for a "Pro-Rata Share" of Delay Damages accruing solely due to the failure to achieve the Predicted AC Energy Output. The "Pro-Rata Share" shall be determined according to a comparative fault ana...
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SGF Performance and Corrective Actions. (a) Contractor warrants and guarantees that, subject to the provisions of paragraph (c) below, that following Substantial Completion Date for each SGF, SGF Production Tests will have demonstrated achievement of the Predicted AC Energy Output with respect to such SGF in accordance with the provisions of Attachment IV. If the SGF Production Test does not demonstrate by such date that such Predicted AC Energy Output has been achieved, then, subject to the provisions of paragraph (c) below, Contractor shall continue its efforts to cause the SGF to achieve the Predicted AC Energy Output. (b) [Reserved] (c) Contractor’s warranty with respect to the Predicted AC Energy Output applies, and Contractor shall be obligated to provide the remedies stated in the above, only to the extent Owner establishes that the failure to achieve the Predicted AC Energy Output is due to defects in Contractor’s Work and that conditions that would excuse Contractor from its warranty obligations under ARTICLE 13 do not apply
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Related to SGF Performance and Corrective Actions

  • Corrective Actions The Government will use its best efforts to ensure that each Covered Provider (i) takes, where necessary, appropriate and timely corrective actions in response to audits, (ii) considers whether the results of the Covered Provider’s audit necessitates adjustment of the Government’s records, and (iii) permits independent auditors to have access to its records and financial statements as necessary.

  • Corrective Action Plans If the OAG finds deficiencies in ▇▇▇▇▇▇▇’s performance under this Grant Contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase of monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this Grant Contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State.

  • Mitigation and Corrective Action Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to it of an impermissible use or disclosure of PHI, even if the impermissible use or disclosure does not constitute a Breach. Business Associate shall draft and carry out a plan of corrective action to address any incident of impermissible use or disclosure of PHI. If requested by Covered Entity, Business Associate shall make its mitigation and corrective action plans available to Covered Entity. Business Associate shall require a Subcontractor to agree to these same terms and conditions.

  • Corrective Action Plan Within fifteen (15) Business Days following the establishment of the Joint Remediation Committee, the Purchasers, in consultation with the Sellers, shall prepare and submit to the Joint Remediation Committee an initial draft of the Corrective Action Plan. The parties shall work in good faith through the Joint Remediation Committee to finalize the Corrective Action Plan within fifteen (15) Business Days of the Purchasers’ submission of the initial draft of the Correct Action Plan. At the end of such period, if the Sellers reasonably determine that the Corrective Action Plan proposed by the Purchasers (as may be modified over the course of such period) would not reasonably be expected to satisfactorily address the Major Default, then the Sellers may escalate the issue to the Head of Commercial Capital (or equivalent leader of any successor business unit) of the Seller Group and the Chief Executive Officer of the Bank Assets Purchaser (the “Senior Executives”) and the Senior Executives shall work collaboratively (including with the Joint Remediation Committee) to develop a mutually agreeable Corrective Action Plan within fifteen (15) Business Days.

  • Corrective Action Despite its right to terminate this Agreement pursuant to this Article, the LHIN may choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the LHIN determines, to ensure the successful completion of the Services in accordance with the terms of this Agreement.