Abandonment of Facilities Sample Clauses

Abandonment of Facilities. 1. Should any Party make a management decision (other than as ordered by a state or federal public health agency, a court, or by mutual consent of the Parties) regarding the operation of any facility that has been jointly funded under this Agreement, such that the facility must operate substantially below its design capacity or the facility ceases to operate prior to the end of its design life, that Party shall be deemed to have abandoned the facility. The Party so abandoning a facility shall reimburse the other Users for their contribution to the extent that the facility was underutilized. The amount of reimbursement shall be determined as follows. a. For every year that the facility operated at or above two-thirds (2/3) of its design capacity (annual average), one (l) point shall be credited; b. For every year that the facility operated between one-third (l/3) and two-thirds (2/3) of its design capacity, one-half (l/2) point shall be credited; c. For every year that the facility operated at less than one-third (l/3) of its design capacity, no (0) points shall be credited; d. The reimbursement portion shall be: ⎡ Total Points Credited ⎤ 1 minus ⎢⎣ Original Design Life of Facility (in years) ⎥⎦ 2. The reimbursement shall include grants only if the User receiving the reimbursement is liable for reimbursing the granting agency. 3. Abandonment of any facilities shall not relieve any Party from its obligation under this Agreement to treat or handle Wastewater Flow or residuals. 4. Until the Availability of 370 MGD, the WSSC shall not be penalized under the provisions of Section 6H with regard to the operation of the MCCF. CAPITAL COST ITEM CAPACITY AND COST DATA DC PI WSSC FAIRFAX TOTAL PURCHASED CAPACITY (MGD): Down: 148.0 0.0 148.0 10.7 306.7 PI: 10.0 11.4 21.6 20.3 63.3 Total: 158.0 11.4 169.6 31.0 370.0 Percent: 42.70 3.08 45.84 8.38 100.0 SAMPLE CALCULATION: CAPITAL COST ITEMS DC PI WSSC FAIRFAX TOTAL 1. Blue Plains Current Value of facilities for which Capital Costs were incurred prior to Oct. 1, 1983 distributed in the same ratio as the 370 MGD Treatment Capacity Allocation. 81.209 5.860 87.171 15.933 190.173 2. Current Value of Previous Investments.* 99.209 1.571 84.636 4.757 190.173 3. Equity Payment (line 1 minus line 2) -18.00 +4.289 +2.535 +11.176 .000 4. Capital Cost of Blue Plains Facilities incurred after Sept. 30, 1983 distributed in the same ratio as the 370 MGD Treatment Capacity Allocation. 128.108 9.243 137.514 25.135 300.000 5. Future faci...
Sample 1
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Abandonment of Facilities. Upon the termination of this License for any reason, then unless Owner notifies Licensee in writing that the Facilities should be left in place (in which case title to the Facilities shall be assigned to Owner without charge) Licensee will, at Licensee’s sole expense, promptly remove the Facilities and restore the License Area and the surrounding area of the Building to its original condition existing immediately prior to the commencement of the work by Licensee. If Licensee does not do so, Owner may do so and Licensee agrees to reimburse Owner for the reasonable cost of doing so.
Sample 1
Abandonment of Facilities. (a) If a utility contemplates abandoning or otherwise taking out of service a previously licensed facility, the Department shall be notified in writing, with a listing showing the location(s) of the facility by land description and highway milepost, and if possible a copy of the originally issued license(s). (b) If the Department, based on engineering judgement and future plans for highway work, determines that the facility should be removed from the highway R/W, the owner will be notified and shall remove the facility and restore the highway R/W as directed by the Department. (c) If a utility sells their facility to a salvage firm for removal, the salvage contractor is required to contact the respective WHD District Maintenance Engineer who will provide applicable stipulations regarding safety of traffic and restoration of the highway R/W. The utility holding the license will remain responsible until the work is done to the satisfaction of the Department. (d) The WHD District will notify the Utilities Section when the abandonment and/or removal of a facility has been authorized so that the appropriate notation can be made to the main file copy of the original license.
Sample 1
Abandonment of Facilities. If any portion of the Facilities laid, installed, or constructed in the Public Rights-of-Way, other than redundant Facilities or Facilities for emergency use, are no longer used by Company or are abandoned for a period in excess of six (6) months, Company must notify the City Engineer and promptly submit all necessary applications for permits prior to commencing work to vacate and remove the Facilities. Alternatively, the City may allow Company, in its sole discretion, to abandon the Facilities, or any part thereof, in place and convey the Facilities to the City.
Sample 1
Abandonment of Facilities. Abandonment in place by the Licensee of any part of its Cable System located within the public right of way may occur only after acquiring written approval from the County, and the Licensee must ensure that any such abandonment does not result in a safety hazard or in any environmental or aesthetic damage, and that any such damage is abated and remediated promptly by the Licensee at the Licensee’s sole expense, without right to offset or other monetary credit. This obligation shall survive the termination or expiration of this Agreement.
Sample 1
Abandonment of Facilities. A. If Grantee intends to permanently abandon a Facility within all or part of a particular portion of the Streets by physically disconnecting it from its operating System, Grantee shall submit to the County Engineer a completed application describing the structures or other Facilities and the date on which Grantee intends to permanently abandon such Facilities. Grantee may elect to remove the abandoned Facilities or request that the County allow them to remain in place. Grantee’s sale of a portion of its System shall not, by itself, be considered abandonment under this Section 14.10.
Sample 1
Abandonment of Facilities. 8.1 If any portion of Franchisee’s Facilities covered by this Permit is formally abandoned, it shall notify (municipality) in writing at least (days) days in advance and Franchisee shall remove the Facilities at its own expense or, at the municipality) sole option, may abandon some or all of the Facilities in place. Except for facilities authorized by the (municipality) to remain in place, Franchisee shall remove all such facilities from the Public Right-of-Way within (days) days from the discontinuance of service over such facilities. In the event Franchisee fails to remove its Facilities within such period, the (municipality) may cause the same to be done, without further notice and to charge Franchisee the actual costs incurred by the (municipality) at the (municipality) standard rates. Upon the receipt of a demand for payment by the (municipality) , Franchisee shall promptly reimburse the (municipality) for such costs.
Sample 1
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Related to Abandonment of Facilities

  • Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. (ii) Each item of Tangible Personal Property is in good repair and good operating condition, ordinary wear and tear excepted, is suitable for immediate use in the Ordinary Course of Business and is free from latent and patent defects. No item of Tangible Personal Property is in need of repair or replacement other than as part of routine maintenance in the Ordinary Course of Business. Except as disclosed in Schedule 5.1(l)(ii), all Tangible Personal Property used in the Purchaser Business is in the possession of Purchaser.

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • Termination of Facilities Declare the principal of and interest on the Loans, the Notes and the Reimbursement Obligations at the time outstanding, and all other amounts owed to the Lenders and to the Administrative Agent under this Agreement or any of the other Loan Documents (including, without limitation, all L/C Obligations, whether or not the beneficiaries of the then outstanding Letters of Credit shall have presented or shall be entitled to present the documents required thereunder) and all other Obligations (other than Hedging Obligations), to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided, that upon the occurrence of an Event of Default specified in Section 12.1(j) or (k), the Credit Facility shall be automatically terminated and all Obligations (other than Hedging Obligations) shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived, anything in this Agreement or in any other Loan Document to the contrary notwithstanding.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • Use of Facilities 34.1. In situations where the CLEC has the use of the facilities (i.e., local loop) to a specific customer premise, either through resale of local service or the lease of the local loop as an Unbundled Network Element, and Sprint receives a good faith request for service from a customer at the same premise or from another carrier with the appropriate customer authorization, the procedures below will apply. 34.1.1. Sprint will process such orders and provision services consistent with the terms contained in Section 82, of this Agreement. 34.1.2. Where CLEC is using a single facility to provide service to multiple end user customers, Sprint will not disconnect that facility as a result of the following procedures. 34.1.3. Sprint will follow methods prescribed by the FCC and any applicable state regulation for carrier change verification. 34.1.4. Customer with Existing Service Changing Local Service Provider 34.1.4.1. In situations where a CLEC submits an order for an end user customer that is changing local service providers for existing service, and is not adding service (i.e., an additional line), Sprint will process the service request without delay, and provide the losing local service provider a customer loss notification consistent with industry standards. 34.1.5. Customer with Existing Service Adding New Service 34.1.5.1. In situations where an order is submitted for an end user customer adding service to existing service (i.e., an additional line), the order should be marked as an additional line and CLEC’s facilities will not be affected. 34.1.6. Customer Requesting New Service where Previous Customer has Abandoned Service 34.1.6.1. In the case where an end user customer vacates premises without notifying the local service provider and a new end user customer moves into the vacated premises and orders new service from a local service provider neither Sprint nor the previous local service provider are aware that the original end user customer has abandoned the service in place. 34.1.6.2. When a carrier requests service at a location and marks the order as abandoned and CLEC is the previous local service provider, Sprint shall notify CLEC via fax that it has had a request for service at the premise location that is currently being served by CLEC; 34.1.6.3. If available to Sprint, Sprint shall include the name and address of the party receiving service at such locations, but at a minimum shall provide local service address location information; 34.1.7. If CLEC does not respond within twenty-four (24) hours after receiving Sprint’s notification or if CLEC responds relinquishing the facilities, Sprint shall be free to use the facilities in question and Sprint shall issue a disconnect order with respect to the CLEC service at that location. If CLEC responds stating that the service is working and should not be disconnected, Sprint will notify the carrier ordering service and request verification of the address and location or the submission of an order for an additional line.

  • Access to Facilities Each of the Company and each of its Subsidiaries will permit any representatives designated by the Purchaser (or any successor of the Purchaser), upon reasonable notice and during normal business hours, at such person's expense and accompanied by a representative of the Company, to: (a) visit and inspect any of the properties of the Company or any of its Subsidiaries; (b) examine the corporate and financial records of the Company or any of its Subsidiaries (unless such examination is not permitted by federal, state or local law or by contract) and make copies thereof or extracts therefrom; and (c) discuss the affairs, finances and accounts of the Company or any of its Subsidiaries with the directors, officers and independent accountants of the Company or any of its Subsidiaries. Notwithstanding the foregoing, neither the Company nor any of its Subsidiaries will provide any material, non-public information to the Purchaser unless the Purchaser signs a confidentiality agreement and otherwise complies with Regulation FD, under the federal securities laws.

  • DAMAGE TO FACILITIES The Student will promptly report damages and request necessary repairs, in accordance with established and published procedures. The Student is responsible for damages caused by the Student. Damages to shared or common areas not attributable to a responsible person are the joint responsibility of all persons sharing the space or area. UCF DHRL reserves the right to charge the Student for damages caused by the Student. Charges may include, but are not limited to, extraordinary pest control charges, repair of walls, furniture or fixtures, and damages to common areas. UCF DHRL also reserves the right to charge the Student for a portion of damages caused to spaces shared by the Student when the person responsible for damages to shared spaces cannot be identified.

  • Maintenance of Facilities 5.1 The Network Customer shall maintain its facilities necessary to reliably receive capacity and energy from the Host Transmission Owner’s transmission system consistent with Good Utility Practice. The Transmission Provider or Host Transmission Owner, as appropriate, may curtail service under this Operating Agreement to limit or prevent damage to generating or transmission facilities caused by the Network Customer’s failure to maintain its facilities in accordance with Good Utility Practice, and the Transmission Provider or Host Transmission Owner may seek as a result any appropriate relief from the Commission. 5.2 The Designated Representatives shall establish procedures to coordinate the maintenance schedules, and return to service, of the generating resources and transmission and substation facilities, to the greatest extent practical, to ensure sufficient transmission resources are available to maintain system reliability and reliability of service. 5.3 The Network Customer shall obtain: (1) concurrence from the Transmission Provider before beginning any scheduled maintenance of facilities which could impact the operation of the Transmission System over which transmission service is administered by Transmission Provider; and (2) clearance from the Transmission Provider when the Network Customer is ready to begin maintenance on a transmission line or substation. The Transmission Provider shall coordinate clearances with the Host Transmission Owner. The Network Customer shall notify the Transmission Provider and the Host Transmission Owner as soon as practical at the time when any unscheduled or forced outages occur and again when such unscheduled or forced outages end.

  • Use of Facilities and Equipment The Association shall have the right to use school facilities and equipment not otherwise in use. Such equipment shall not be removed from the building without permission of the building principal. The individual using the equipment shall be responsible for repair or replacement costs beyond normal wear and tear if the equipment is damaged, stolen, or lost. The Association shall pay for the reasonable cost of all materials and supplies incident to such use. The Association may use school buildings for meetings by arranging such use with the building principals.

  • Termination of Facility The Borrowers may terminate this Agreement upon at least ten (10) Business Days' notice to the Agent and the Lenders, upon (a) the payment in full of the outstanding Term Loans, together with accrued interest thereon, and (b) the payment in full in cash of all reimbursable expenses and other Obligations.

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