Availability of CWP Water Sample Clauses

Availability of CWP Water. Applicant acknowledges and agrees that in the event that CWP Water is not available to the City prior to Applicant allocating water for a project, the City may, in City’s sole discretion, terminate this Agreement and refund any amounts paid by Applicant to City without interest or penalties.
Sample 1
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Availability of CWP Water. Alpine shall not be entitled to receive or use the Purchased Water to meet development requirements until Alpine has paid for the Purchased Water in accordance with paragraph 2. Alpine further acknowledges and agrees that the CWP Agreements allow the City to take-down water at a future date, and the City does not intend to takedown water until required under the CWP Agreements. Accordingly, if for any reason CWP Water is not available for take down and purchase by the City from CWP prior to or at a particular time that Alpine seeks to allocate water for a project on the Property or additional property in the City as Alpine is expressly entitled to do pursuant to the terms of this Agreement, the City and Alpine shall meet and discuss the next expected date of CWP Water availability to the City under the CWP Agreements and, if requested by Alpine, the City shall in good faith take reasonable steps to reserve adequate CWP Water for the Alpine out of the next allotment of water take downs that the City is entitled to or obligated to purchase under the CWP Agreements. In the event that the next expected availability date of CWP Water for purchase or take down by the City is unacceptable to Alpine, Alpine shall notify the City in writing and the City shall immediately terminate this Agreement and refund Alpine within 30 days thereafter any and all amounts paid by Alpine to City but not previously expended through a previous allocation of water under this Agreement, without interest from or penalties to the City.
Sample 1

Related to Availability of CWP Water

  • Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • Availability of Funds The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Availability of Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • Non-Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.

  • Availability of Rule 144 The Purchaser shall not be obligated to register shares of DocuNet Common Stock held by the Seller at any time when the resale provisions of Rule 144(k) (or any similar or successor Seller provision) promulgated under the Securities Act are available to the Seller.

  • Availability of Shares During the term of this Option, the Company shall reserve for issuance the number of shares of Common Stock required to satisfy this Option.

  • Availability of Documents Seller has made available to Purchaser copies of all documents, including without limitation all agreements, contracts, commitments, leases, plans, instruments, undertakings, Authorizations, permits, licenses, patents, trademarks, trade names, service marks, copyrights and applications therefor, listed in the Disclosure Schedule or referred to herein. Such copies are true and complete and include all amendments, supplements and modifications thereto or waivers currently in effect thereunder.

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