Allowances and Credits Sample Clauses

Allowances and Credits. The Coal Party and Gas Party agree that any baseline or additional Allowances or Energy Credits (whether the Allowances are allocated on a pre- or post- Coal Gas Capture basis or whether due to Coal Gas Capture or any other Coal Gas or mining activities) directly attributable (i) to Gas Party’s Capture of Coal Gas or Coal Gas activities, in each case, associated with the Coal Interests existing as of the Effective Time within the Cooperation Area and (ii) to mining activities by Coal Party or its Coal Affiliates with respect to Coal Interests existing as of the Effective Time within the Cooperation Area, in each case, to which each Party is or may become entitled to claim, own or benefit from prior to, on or after the Effective Time (such Allowances and Energy Credits, as limited by items (i) and (ii) above, the “Subject Coal Allowances” and “Subject Coal Energy Credits,” respectively), whether allocated by any government or regulatory agency, purchased or otherwise acquired by a Party, shall be held, controlled and owned fifty percent (50%) by Gas Party and fifty percent (50%) by Coal Party. The Parties agree to cooperate to the extent reasonably necessary as to their agreement in respect of the ownership and control of all such Subject Coal Allowances and Subject Coal Energy Credits consistent with the foregoing. (a) For the avoidance of doubt, Gas Party and Coal Party shall each hold all rights, title and interest in and to its fifty percent (50%) share of all Subject Coal Energy Credits and its fifty percent (50%) share of all Subject Coal Allowances, whether Verified, as defined below, or not Verified, severally and not jointly or as tenants in common, so that Gas Party and Coal Party each may (i) hold, control, or own, or (ii) sell, lease, assign, transfer, trade and/or convey, in each case, its percentage share in whole or in part of its Subject Coal Energy Credits and/or Subject Coal Allowances without the consent of the other Party, free and clear of all liens, claims or encumbrances, and to the extent all such percentage share of a Party is sold, leased, assigned, transferred, traded and/or conveyed, the remaining percentage share of that type and vintage of Subject Coal Energy Credits and Subject Coal Allowances shall be held, owned, controlled, or sold, leased, assigned, transferred, traded and/or conveyed, solely by the other Party. (b) To the extent that any lien, claim or encumbrance may arise by or through any Party upon the Subject Coal En...
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Allowances and Credits. (a) (i) The Parties agree that any baseline Allowances which any Party is or may become entitled to claim, own or benefit from prior to, on or after the Effective Date, whether allocated by any government or regulatory agency, purchased or otherwise acquired by a Party shall be held, controlled and owned solely and exclusively by such Party; provided however, if any Party is allocated or receives any additional or bonus Allowances (“Additional Allowances”) that they would not have received but for the activities or investment of another Party, then the ownership of such Additional Allowances will be adjusted to reflect the equities of the circumstances (“Equities”) that give rise to such Additional Allowances, taking into account, among all other relevant factors, any non-ordinary course investment or expense incurred by the Parties with respect to such Allowances, whether the Allowances are allocated on a pre- or post- capture basis, any reduction or increases in Allowances due to methane capture or other activities of CNX and/or CEI, and any State or Federal laws or regulations that give rise to such Allowances, it being agreed that absent countervailing Equities, the Additional Allowances will be adjusted to be held, controlled and owned fifty percent (50%) by CEI and fifty percent (50%) by CNX. The Parties agree to negotiate diligently and in good faith to reach an agreement in respect of the ownership and control of all Allowances consistent with the foregoing. (a) (ii) The Parties agree that all Energy Credits which any Party is or may become entitled to claim, own or benefit from prior to, on or after the Effective Date in respect of Current Gas Rights shall generally be held, controlled and owned fifty percent (50%) by CEI and fifty percent (50%) by CNX; provided however, the ownership shares of the Energy Credits will be adjusted to reflect the Equities that give rise to such Energy Credits, taking into account, among all other relevant factors, the nature, type and vintage of such Energy Credits, any non-ordinary course investment or expense incurred by the Parties with respect to such Energy Credits, whether the Energy Credits are determined on a pre- or post- capture basis, any reduction or increases in the Energy Credits due to methane capture or other activities of CNX and/or CEI and any State or Federal laws or regulations that give rise to or affect such Energy Credits and the basis for the same under such laws or regulations. The Parties a...
Allowances and Credits. Sell, lease, reduce or otherwise ---------------------- dispose of Allowances or Air Emission Credits, except, in the case of Air Emission Credits, in the ordinary operation of the Facilities or to NEPOOL in connection with the summer capacity short-fall regulation, 310 C.M.R. 7.53.
Allowances and Credits. Vendor shall participate in the Company’s standard vendor participation programs, including but not limited to new store funding and vendor rebates, to the extent applicable and as further described in the Domestic Vendor Guides, as amended from time to time. In addition, the Vendor will be given the opportunity to participate in other voluntary programs from time to time as may be agreed to by the parties from time to time.
Allowances and Credits. To the extent available as of the Effective Date as a matter of law (whether state or federal) in respect of any Current Gas Rights, CEI shall retain all right, title and interest in and to any (a) carbon dioxide credits, as defined by §1605(b) of the Energy Policy Act of 1992, (b) emission allowances (including, without limitation, as relate to VAM) and (c) alternative fuels production or usage tax credits or tax allowances, or other similar tax credits or tax allowances. To the extent available after the Effective Date as a matter of law (whether state or federal), any such credits or allowances shall inure to the benefit of the Party designated by law as the owner of such credits or allowances. In all other respects, the terms of that certain Tax Sharing Agreement dated of even date herewith by and between CEI and CNX shall govern the relationship of the Coal Parties and Gas Parties with regard to the tax matters as between the Coal Parties and the Gas Parties.

Related to Allowances and Credits

  • Credits An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which such employee receives pay for at least seventy-five (75) hours.

  • Refunds and Credits Seller shall be entitled to any Tax refunds that are received by Buyer and any amounts credited against Tax to which the Buyer, the Transferred FH Companies or their Closing Subsidiaries become entitled (including as a result of any amended Tax Returns) that relate to the Transferred FH Companies or their Closing Subsidiaries for all Pre-Closing Tax Periods or that are subject to indemnification by Seller pursuant to this Agreement (including, for the avoidance of doubt, refunds or credits in respect of VAT attributable to a Pre-Closing Tax Period), to the extent such refunds or credits were not taken into account in determining Final Net Working Capital and are not attributable to the carryback of a net operating loss of any Transferred FH Company or Closing Subsidiary generated in a Post-Closing Tax Period. Buyer shall transfer, or cause to be transferred, to Seller, within ten (10) days of receipt, the amount of the refund or credit (including interest) received or utilized by Buyer, the Transferred FH Companies or any of their Closing Subsidiaries, or any of their respective Affiliates, net of any reasonable out-of-pocket costs incurred in obtaining such refund or credit and any Taxes borne by Buyer, the Transferred FH Companies or any of their Closing Subsidiaries, or any of their respective Affiliates as a direct result of their receipt of such refund or utilization of any such credit. Buyer shall claim any such refund or to utilize any such credit as soon as reasonably possible upon Seller’s written request. Buyer agrees to furnish to Seller all information, records and assistance reasonably requested by Seller to verify the amount of the refund or credit, provided that Buyer shall not be required to furnish to Seller any consolidated, combined, affiliated or unitary Tax Return that includes Buyer or any Subsidiary or Affiliate of Buyer other than the Transferred FH Companies or any of their Closing Subsidiaries. The amount of economic benefit of any such refunds or credits of the Transferred FH Companies and their Closing Subsidiaries for any Straddle Period shall be equitably apportioned between Seller and Buyer in a manner consistent with Section 7.1 hereof.

  • Rebates, Credits and Refunds The HSP: (a) acknowledges that rebates, credits and refunds it anticipates receiving from the use of the Funding have been incorporated in its Budget; (b) agrees that it will advise the Funder if it receives any unanticipated rebates, credits and refunds from the use of the Funding, or from the use of funding received from either the Funder or the Ministry in years prior to this Agreement that was not recorded in the year of the related expenditure; and (c) agrees that all rebates, credits and refunds referred to in (b) will be considered Funding in the year that the rebates, credits and refunds are received, regardless of the year to which the rebates, credits and refunds relate.

  • Allowances 25.1 Site allowances shall be paid in accordance with the allowances set out in Appendix C, or as determined by the Disputes Panel pursuant to the provisions of Appendix C.

  • Service Credits Employees on pregnancy leave shall be entitled to normal accumulation of service credits for the duration of the pregnancy leave.

  • The Credits 23 SECTION 2.01. Commitments........................................

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • Meal Allowances Employees assigned to be in travel status between the employee's temporary or permanent work station and a field assignment shall be reimbursed for the actual cost of meals including a reasonable gratuity. Employees must meet the following conditions to be eligible for meal reimbursement:

  • Rebates Premium rebates given by the Employment Insurance Commission shall be paid directly to the employees by the Employer.

  • Other Allowances The District shall pay to each teacher appointed by the District to the following positions, the allowance respectively set forth opposite each such position, namely: (a) Supervisor 23,305 (b) Consultant 11,103 (c) Coordinating teacher 3,771

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