Allocation of Capacity. Subject to LMM’s obligation to provide to Shipper first priority service up to the MDQ as described in Section 1.2 of the Agreement, if for any Day LMM determines that the capacity of its Gathering System is constrained through Force Majeure or as the result of Maintenance, LMM shall, without liability, allocate the available capacity as follows:
(a) Capacity shall first be allocated pro rata to all shippers with Guaranteed Capacity based upon the lower of their respective (i) Maximum Daily Quantities, (ii) Available Supplies or (iii) Adjusted Available Supplies (to the extent such terms apply to any shipper); and
(b) Any remaining capacity shall be allocated pro rata to all shippers with Non-Guaranteed Capacity based upon the lower of their respective (i) Maximum Daily Quantities, (ii) Available Supplies or (iii) Adjusted Available Supplies. However, if LMM can identify the location of the constraint, then LMM shall, without liability, endeavor to impose such allocation upon only those shippers whose Gas is affected by the constraint.
Allocation of Capacity. Allocation of capacity for Collaboration Products among Exhibit K, the PCV Clinical Supply Agreement, SAV Clinical Supply Agreement and the Commercial Supply Agreement will be prioritized, in descending order of priority, as follows: [***].
Allocation of Capacity. The applicant is allocated capacity based on the principles of the order on the allocation of railway infrastructure capacity (paths) that applies. Allocation is granted annually on the basis of a specific application and Banedanmark notifies in writing about the capacity allocated. In addition, ad hoc capacity can be allocated. Deadlines for application and allocation of capacity are provided on Banedanmark's website. Banedanmark is responsible for allocating the applicant's paths to the designated railway undertaking(s), and is in this connection responsible for all planning of the timetable with the designated railway undertaking. Banedanmark notifies of capacity restrictions in Banedanmark's Network Statement and LA letter. When a track possession is announced, the entity to which the paths are allocated in the scheduled work period does not have access to the tracks included, even though the paths have been allocated to the applicant associated with the path allocation for the concerned timetable period. Banedanmark levies infrastructure charges for use of the state railway network with the railway undertaking designated by the applicant. All agreements between the applicant and the designated railway undertaking regarding the distribution of infrastructure charges are irrelevant to Banedanmark.
Allocation of Capacity. Notwithstanding any other term of this Agreement, if for any Day LMM determines that the capacity of its Gathering System is constrained, LMM shall allocate the available capacity as follows:
(a) Capacity shall first be allocated pro rata to all shippers with Guaranteed Capacity based upon the lower of their respective (i) Maximum Daily Quantities, (ii) Available Supplies or (iii) Adjusted Available Supplies; (to the extent such terms apply to any shipper) and
(b) Any remaining capacity shall be allocated pro rata to all shippers with Non-Guaranteed Capacity based upon the lower of their respective (i) Maximum Daily Quantities, (ii) Available Supplies or (iii) Adjusted Available Supplies. However, if LMM can identify the location of the constraint, then LMM shall endeavor to impose such allocation upon only those shippers whose Gas is affected by the constraint.
Allocation of Capacity. For the avoidance of doubt, the capacity for the Slovak System will be allocated by Eustream and for the Hungarian System by MGT in case of auction the allocation party will be MGT on behalf of Eustream and MGT. When overbooking of Joint Capacities occurs the allocation will be made by Capacity Auction Platform. Each of the Parties will allocate the capacity in the following way:
5.1. Total Offered Capacities in the Binding Open Season procedure
a) Direction SK-HU Slovak System: Exit Point from SK: Vel’ké Zlievce Daily maximum: 25/0°C Gross Calorific Value (“GCV”) corresponding to 114 000 MWh/day Type of product: firm Available from: 1st July 2015 Hungarian System Entry Point to HU : Balassagyarmat Daily maximum: 25/0°C GCV corresponding to 114 000 MWh/day Hourly average flow rate: 25/0°C GCV corresponding to 4 750 MWh/h Type of product: firm Available from: 1st of July 2015
b) Direction HU-SK Slovak System Entry Point to SK: Vel’ké Zlievce Daily maximum: 25/0°C, GCV corresponding to 45 600 MWh/day Type of product: interruptible : In case of reasonable market interest, securing viability of the needed investment, the type product could change to firm. Available from: 1st of July 2015 Hungarian System Exit Point from HU: Balassagyarmat Daily maximum: 25/0°C GCV corresponding to 45 600 MWh/day Hourly average flow rate: 25/0°C GCV corresponding to 1 900 MWh/h Type of product: interruptible capacity, interruption lasting longer than 25 gas days :. In case of reasonable market interest, securing viability of the needed investment, the type product should change to firm. Available from: 1st of July 2015
Allocation of Capacity. Eustream will allocate the capacity in the following way:
Allocation of Capacity. If, as a result of a Force Majeure Event, Lonza at any time is unable fully to supply outstanding Firm Orders for Bulk Drug, Lonza shall use reasonable efforts to equitably allocate its available resources and production capacity among Trubion and Lonza's other customers, as the case may be, taking into consideration the respective requirements of each during a reasonable time period prior to the allocation, as well as such requirements during the allocation period.
Allocation of Capacity. The COUNTY agrees to include the aforesaid allocation in its regional water supply, production and transmission facilities and regional sanitary sewer system, once the DEVELOPER is granted necessary sewer allocation, as specified in paragraph 4 hereinabove. However, it is mutually agreed and understood by the COUNTY and the DEVELOPER that the allocation of capacity by the COUNTY does not guarantee the ability of the COUNTY to supply water for the DEVELOPER'S property or the ability to receive and dispose of sewage originating from the DEVELOPER'S property. Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction. In connection therewith, the DEVELOPER agrees that the COUNTY shall not be liable or in any way responsible for any costs, claims or losses incurred by the DEVELOPER as a result of actions by regulatory bodies, which are related to capacity allocation.
Allocation of Capacity. If, as a result of a Force Majeure Event, PATHEON at any time is unable fully to supply outstanding Firm Orders for Bulk and Finished Product, as the case may be, PATHEON shall use reasonable efforts to equitably allocate its available resources and production capacity among RELYPSA and PATHEON’s proprietary products or other customers, as the case may be, taking into consideration the respective requirements of each during a reasonable time period prior to the allocation, as well as such requirements during the allocation period. At RELYPSA’s option, RELYPSA may transfer the Manufacture of Bulk and Finished Product to another Manufacture during any Force Majeure Event and all Firm Orders and Semi-Firm Orders for Bulk and Finished Product for such period, as designated by RELYPSA, shall be deemed canceled by mutual agreement.
Allocation of Capacity. Each Township has previously made equivalent contributions of cash or assets to the Authority which have been used to generate the water capacity that is available from the System. Accordingly, each Township shall be entitled to have the end users of the System located in each respective Township use in the aggregate up to an equal one-fourth share of the firm water production capacity (the “Allocated Share”) of the System. Each Township may use its Allocated Share as it determines appropriate and necessary, provided that such use is consistent with the terms of Section 7.3 below. To the extent that the Authority’s Common Elements do not have sufficient capacity to be able to deliver to a Township the Township’s Allocated Share of the System’s water production capacity, then the Authority shall upgrade and finance the Common Elements in accordance with the procedures set forth in this Agreement in order allow the Township to utilize its Allocated Share of the System’s water production capacity.
