Annual Determination of BPU, MTC and NPC Sample Clauses

Annual Determination of BPU, MTC and NPC. (a) For the first Contract Year: (i) the Access Holder’s Base Path Usages for each Period will be agreed between ARTC and the Access Holder, as set out in the Train Path Schedules; (ii) the Monthly Tolerance Cap for each Pricing Zone for each Month will be notified by ARTC to the Access Holder prior to the commencement of this agreement; and (iii) the Network Path Capability for each Pricing Zone for each Period will be notified by ARTC to the Access Holder prior to the commencement of this agreement. (b) For each subsequent Contract Year, ARTC will, before the commencement of that Contract Year, determine the Access Holder’s Base Path Usages for that Contract Year in accordance with the following steps. (i) Following consultation with the HVCCC and the relevant Terminal Operators on the impact of Network Exit Capability and System Assumptions on Coal Chain Capacity, ARTC will use reasonable endeavours to publish by 1 July of each Contract Year, but in any event before 30 September of each Contract Year: (A) its annual maintenance assumptions for the Network for the following Contract Year and specify those Months in which major Network outages are planned (“Maintenance Months”); (B) for each Maintenance Month, the aggregate number of path usages lost in each Pricing Zone as a result of the major Network outage in that month (“Maintenance Losses”); and (C) any known Availability Exception which ARTC reasonably anticipates will have a material impact on the Capacity entitlements of access holders in the following Contract Year. (ii) ARTC will determine, for each Period of the following Contract Year, the Access Holder’s Base Path Usages for each Train Path in accordance with the following principles: (A) ARTC will reduce the Access Holder’s entitlement to Path Usages below the Average Path Usages in each Period in which a Maintenance Month occurs on the basis of all access holders with train paths for Coal Trains in that Pricing Zone bearing an equitable share of the Maintenance Losses and any known Availability Exceptions for that Month and, in doing so, will take into account the number of days in a Month. (B) ARTC will increase the Access Holder’s entitlement to Path Usages above the Average Path Usages in other Periods in that Contract Year to make up for the reduction for Maintenance Losses and any known Availability Exceptions in the Maintenance Month and, in doing so, will take into account the number of days in a Month. (C) The Base Path Usages for ...
Sample 1Sample 2Sample 3See All (26)
AutoNDA by SimpleDocs

Related to Annual Determination of BPU, MTC and NPC

  • Reporting Total Compensation of Recipient Executives 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at xxxx://xxx.xxx.xxx/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph A.1. of this award term: i. As part of your registration profile at xxxxx://xxx.xxx.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter.

  • Independence from Material Breach Determination Except as set forth in Section X.E.1.d, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that UHS has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.E, below.

  • HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance.

  • Reporting of Total Compensation of Subrecipient Executives 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if-- i. in the subrecipient's preceding fiscal year, the subrecipient received-- (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at xxxx://xxx.xxx.xxx/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!