1Capacity Sample Clauses

1Capacity. Buyer shall have the exclusive right to the Contract Capacity of the Project. As of the Effective Date, the Contract Capacity shall equal the Expected Contract Capacity of the Project, without adjustment for temperature, pressure, humidity or other adjustment factors. The actual Contract Capacity of the Project and each Energy Storage System will be determined upon the completion of the Commercial Operation Test and Contract Capacity Test for the Project and each year of the Delivery Period in accordance with the testing procedures of Sections 7.2 and 7.3, as applicable. Such tests will demonstrate the Capacity of the Project, which shall be the Contract Capacity from and after such tests; provided, that in no event shall the Contract Capacity of the Project (i) exceed PMAX for the Project (i.e. the Contract Capacity shall be limited to PMAX until such time as Seller gets PMAX increased to the tested Contract Capacity), (ii) exceed the [NOTE - based on bid: system RA quantity, local RA quantity and flex RA quantity], nor (iii) exceed the Energy Storage System’s Expected Contract Capacity as identified in Appendix 1.1.1. Seller agrees that the Energy Storage System is subject to the terms of the Availability Standards.
Sample 1Sample 2
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1Capacity. Buyer shall have the exclusive right to the Contract Capacity from the Project. As of the Effective Date, the Contract Capacity shall equal the Expected Contract Capacity of the Project, without adjustment for temperature, pressure, humidity or other adjustment factors. The actual Contract Capacity and Efficiency Rate of the Project and each Energy Storage System will be determined upon the completion of the Commercial Operation Test for the Project and each year of the Delivery Period in accordance with the testing procedures of Sections 7.2 and 7.3, as applicable. Such tests will demonstrate the Capacity and Efficiency Rate of the Project at the actual ambient conditions existing at the time of each such test and those test results will be adjusted to reflect the equivalent Capacity and Efficiency Rate that would occur at Contract Conditions, and this adjusted Capacity shall be the Contract Capacity; provided, that in no event shall the Contract Capacity of [the Project] (i) exceed PMAX for [the Project/each Energy Storage System (i.e. the Contract Capacity shall be limited to PMAX until such time as Seller gets PMAX increased to the tested Contract Capacity), (ii) exceed the [NOTE to bidders depending on product bid: capacity quantities may be capped based on system RA quantity, local RA quantity and flex RA quantity] and (iii) exceed 105%of the Energy Storage System’s Expected Contract Capacity as identified in Appendix 1.1.1. Upon the completion of the Commercial Operation Test or the periodic Contract Capacity Tests for the Project, as applicable, Appendix 1.1.1 shall be automatically amended to reflect the Contract Capacity as achieved by that test and adjusted to Contract Conditions, subject to the limitations in this Section. In addition, Seller shall cause the PMIN for the Project to be no greater than the Minimum Operating Level. Seller agrees that each Energy Storage System is subject to the terms of the Availability Standards.
Sample 1
1Capacity. (a)Seller has full legal capacity to execute this Agreement and all other instruments and agreements to be delivered by Seller as contemplated hereby (including all Seller Ancillary Agreements to which Seller is a party), comply with the obligations arising hereunder and thereunder and to carry out and complete the transactions provided for herein and therein.
Sample 1
1Capacity. Executive shall serve the Company as its Chairman of the Board of Directors of the Company (the “Board”) and Chief Executive Officer, or in such other Board or executive capacity as the Board may designate from time to time, but only upon agreement with Executive.
Sample 1

Related to 1Capacity

  • Capacity IET systems are monitored to optimize the use of resources and to control costs. Where services are hosted by external service providers (outsourced), agreements are in place to monitor capacity and performance. Availability Exclusions (Force majeure) A loss of availability from causes which are beyond the control of IET is excluded from the availability warranty. This includes but is not limited to, acts from natural events such as earthquakes, storms, natural flooding, and wild fires. Also excluded are police actions, interruptions due to protest events, labor disputes, war, pandemic, terrorism, riots, and/or inability to obtain energy. Each party must provide prompt notice of service disruptions. Services will resume as soon as possible. Either party will take all reasonable steps to remove the causes of unavailability and resume services as soon as reasonably possible. IET will provide the availability status of major services on the IET status page. The status page is located at xxxx://xxxxxx.xxxxxxx.xxx/ Change Management Managed campus-wide systems, applications and services may be subject to the formal IET Change Management process. Changes to services may be required by system maintenance needs, corrective actions to resolve incidents, or service improvement projects. Changes may require adherence to change management policies including formal authorizations, approvals, peer reviews, risk assessments and lead times for notifying Customers and scheduling changes. IET notifies Customers about planned technology systems are changes that may have a risk of directly or indirectly impacting IET services. Responsibilities Between Parties Information and Educational Technology Information and Educational Technology shall be responsible for ensuring that reasonable skill, care and diligence are exercised in carrying out the services properly and efficiently in accordance with this service level agreement. Data and Information Transnational data and information supplied by the Customer or its clients are owned by the Customer. IET serves as custodian of these data and will take measures to house, backup and protect the data for the Customer, consistent with the services, and as appropriate. General Customer Responsibilities Customer agrees to use and pay for the services in accordance with the terms of this agreement and in compliance with any overarching UC Xxxxx policies. Customer agrees to take appropriate steps to ensure compliance with The UC Xxxxx Cyber-safety Policy and UC Xxxxx Security Standards Policy (PPM Section 310-22). Customer agrees not to engage in actions or activities that circumvent, compromise, or introduce risks to the policy, standards or the controls established to ensure cyber security compliance. Customer is responsible for costs which result from improper use of the services and which cause damage or loss to IET or its Customers.

  • Financial Capacity Investor currently has the financial capacity to meet its obligations to the Company hereunder, and the Investor has no present knowledge of any circumstances which could cause it to become unable to meet such obligations in the future.

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