ANNUAL ENERGY PURCHASE AND SUPPLY REQUIREMENTS Sample Clauses

ANNUAL ENERGY PURCHASE AND SUPPLY REQUIREMENTS. 2.01 Energy Supply and Purchase Requirements. Commencing on the Payment Commencement Date, ADC hereby agrees to sell and Heinz hereby agrees to purchase, (i) all of the steam required from time to time to meet the operational demands of the Manufacturing Facility up to, but not exceeding, 942,000 mlbs per Calendar Year and (ii) electric energy required in connection with the operation of the Manufacturing Facility that exceeds the annual minimum take or pay obligation under Heinz's primary electric supply contract (which take or pay obligation shall in no event be greater than 20 million kwh during any Calendar Year), to the extent steam demand at an annual average rate of not less than 24.36 kwhs per mlbs of steam production permits. If ADC fails to meet the annual average rate of 24.36 kwhs per mlbs of steam produced, ADC shall pay Heinz the difference between the then current purchased primary electrical cost per kwh and the then current Baseline UECCE, multiplied by the total kwh shortfall. Total kwh shortfall shall equal the difference between 24.36 and the actual annual average kwh per mlbs of steam produced , multiplied by the actual mlbs of steam produced. Without limiting the generality of the foregoing, ADC shall use best efforts to supply electrical energy so that Heinz may purchase no more than the annual minimum take or pay obligation under Heinz's primary electric supply contract. ADC shall supply compressed air required in connection with the operation of the Manufacturing Facility, provided, and solely to the extent that, it is able to do so by utilizing the Current Capacity. DEN shall procure all coal or coal-based stoker fuel required to producx xxx energy to be delivered to Heinz under this Agreement.
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Related to ANNUAL ENERGY PURCHASE AND SUPPLY REQUIREMENTS

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  • Indemnity for Underlying Sales and Supplemental Agreements Vendor shall be solely responsible for any customer claims or any disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not be liable for any claims arising out of Vendor’s TIPS Sales or Supplemental Agreements, including but not limited to: allegations of product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency, allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayment/over-drafting, under- payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is not a dealer, subcontractor, agent, or reseller of Vendor’s goods and services and shall not be responsible for any claims arising out of alleged insufficiencies or defects in Vendor’s goods and services, should any arise.

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  • Service Delivery Requirements The following sections describe in detail the work activity required by this program. All CONTRACTORS will be expected to fulfill the work activity requirements in these areas. A. Staff Requirements & Policies CONTRACTOR shall provide the necessary management and administrative personnel whose expertise will ensure efficient operation of SNEMT services. OoA recognizes that a high quality operation begins with key personnel. Therefore, a minimum level of required staffing is described for the positions and functions described below. 1. Program Manager/Director The program manager/director will be in charge of all management and day- to-day operations of the CONTRACTOR’s SNEMT program. The position will maintain consistent and sufficient contact and communication with the OoA and be responsible for all CONTRACT obligations.

  • Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act. Does Vendor agree? Yes

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