Availability of Water Sample Clauses

Availability of Water. Developer has been advised, and understands, that all water provided by the District is imported and that the ability of the District to provide water service to the Project is contingent upon the amount of water available to the District at the time the District consid- ers issuance of meters for the Project. The amount of water which the Developer may receive for the Project at the time the District is considering installation of meters shall be determined by District staff, in its sole discretion, based upon District staffs’ determination of the amount of water available to serve the Project at the time the meters are to be installed. Developer further agrees to comply with all provisions of the District’s water conservation ordinance as that ordinance may be modified from time to time and that all water usage limitations imposed by the District from time to time. Nothing in this Agreement is intended to limit the powers of the District to restrict the use of any water for the Project or any part of the District as provided in Water Code sections 71640 to 71644 or the right of the Dis- trict to adopt future ordinances restricting the use of water within the Project or within any service area of the District. The District shall not be liable to Developer or any subsequent owner of all or any por- tion of the Project for any losses, costs, fees, or expenses of any kind caused by any curtailment or termination of water service determined necessary by the District as a result of a water shortage or a threatened water shortage.
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Availability of Water. This Agreement shall at all times be subject to prior rights of landowners in the Buckeye Water Conservation & Drainage District to receive water, and User hereby expressly waives, on behalf of User, and any of User’s affiliates, agents, officers, directors, employees, representatives, and insurers any claim for loss as a result of the inability of District to deliver water as provided hereunder. User knows, understands, and agrees the nature of the District’s business is such that it cannot be the guarantor of water availability, and User expressly assumes the risk of unavailability of water. District assumes no responsibility whatsoever for loss or damages that may be suffered by User occasioned by any water shortage, or for any other cause whatsoever; including water shortages caused by drought or because of demands on District for service beyond its available supply. In the event of any unavailability of water for delivery to User pursuant to this Agreement, User, as its only available remedy, may recover the Delivery Price relating to any such quantities of water that were unavailable.
Sample 1
Availability of Water. All water sold, transferred and conveyed under this Agreement will be made available by Natomas from water that is surplus to the needs of Natomas shareholders as a result of the conversion of land from agricultural to urban use and concomitant reductions of consumptive use. To the extent that Natomas elects, in its sole and absolute discretion, to make surplus water available to ASUS through other means, as described in Section 1.a(2) of this Agreement, then such water may be sold, transferred and conveyed to ASUS under this Agreement. (1) Subject to the provisions of paragraph 1.a(2), Natomas agrees to make water available by: (a) conditionally assigning 5,000 acre-feet per year of its water rights and Settlement Contract Base Supply entitlements to ASUS, subject to satisfaction of the conditions specified in Section 4 of this Agreement; (b) taking such corporate actions as Natomas may determine to identify and support the existence of the surplus water for transfer to ASUS, specifically a resolution by the Natomas Board of Directors that the water rights and entitlements subject to this Agreement are surplus to Natomas’s short- and long-term needs for the Natomas Service Area, and thus are surplus to the needs of the shareholders of Natomas; and (c) the completion of a professional engineer’s report demonstrating the associated reductions in water use and the corresponding consumptive use savings by Natomas sufficient to support the transfer of 5,000 acre-feet per year. (2) Natomas shall have the right, in its sole and absolute discretion, but no obligation, to make water available to ASUS through periodic groundwater pumping, land fallowing, crop shifting or other water conservation and management efforts. (3) Natomas hereby represents and warrants to ASUS that water arising under the rights and entitlements sold under this Agreement shall be surplus and transferable in accordance with California Public Utilities Code Section 2705. Natomas makes no representation or warranties regarding the transferability of the water rights or Settlement Contract Base Supply entitlements that are the subject of this Agreement.
Sample 1
Availability of Water. 1. In any year in which there may occur a water shortage by reason of drought or other temporary cause in the supply of water available for delivery to all users, District shall, before reducing other deliveries of water, reduce, or if necessary cease, to the extent permitted by the operation of District's facilities consistent with its obligations to receive water pursuant to the State and/or Federal Contract, all deliveries of untreated water for recharge of groundwaters. 2. If, despite such reduction or cessation of such deliveries of untreated water for groundwater recharge pursuant to the provisions of the preceding Section 1, a further reduction in deliveries shall become necessary if the treated water requirements set forth on the approved delivery schedule of Contractor and Other Contractors are to be met, District shall, before reducing deliveries to Contractor and Other Contractors, reduce the total amount of agricultural water (as defined in the Act) released to others for surface delivery during such fiscal year by an amount equal to the following: namely, the average of the releases of such surface-delivered agricultural water during the preceding three fiscal years multiplied by the percentage by which District's total receipt of water from State and Federal sources for agricultural use (as such use is defined in the State and Federal Contracts) is reduced in such year pursuant to provisions of said contracts. 3. If any reduction in deliveries of treated water shall become necessary following reductions in untreated water pursuant to the provisions of the preceding Sections 1 and 2, District shall reduce deliveries of treated water to Contractor and Other Contractors in an amount which bears the same proportion to the total amount of such reduction that the amount included in such treated water user's approved delivery schedule bears to the total of the amount included in the approved delivery schedule of Contractor and Other Contractors for that fiscal year, all as determined by District; provided that District may apportion on some other basis if such is required to meet minimum demands for domestic supply, fire protection, or sanitation during the year. District agrees to notify Contractor in writing promptly in the event any such reduction in deliveries to Contractor and Other Contractors shall be decided upon and concurrently of the amount of such reduction and of any changes in Contractor's approved delivery schedule. 4. District shall ...
Sample 1
Availability of Water. (a) LCRA is committing to make available to PURCHASER under this contract a portion of LCRA’s firm water supply, as defined in LCRA’s Water Contract Rules; provided, however, LCRA may interrupt or curtail the water supplied under this contract as required by state law or in accordance with LCRA’s Water Management Plan, as such Plan and any amendments thereto have been approved and may be approved in the future by the TCEQ. While LCRA will provide firm water under this contract, the PURCHASER understands that during a Drought Worse than Drought of Record as described in LCRA's Water Management Plan, LCRA will allocate water pro rata among its customers, including PURCHASER. (b) Purchaser agrees to adhere to the LCRA drought contingency plan applicable to Domestic Use Contracts as such plan may be amended from time to time. This plan includes watering schedules during normal and drought conditions. The plan is available at xxx.xxxx.xxx/xxxxxxxxxxx. (c) LCRA is responsible for making water available under this contract only up to the Maximum Annual Quantity (MAQ). LCRA makes no guarantee that the water made available under this contract will be available at any particular time or place or that any LCRA owned/operated reservoir or the Colorado River will be maintained at any specific elevation or flow at any particular time. Furthermore, PURCHASER acknowledges and agrees that LCRA’s obligations under this contract shall not require LCRA to make additional releases of water from LCRA firm water supplies beyond the MAQ or to make releases to raise the water elevations or flows at the Points of Diversion at a particular time sufficient for PURCHASER's intake and/or diversion facilities to operate. 12042015 /2024
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Related to Availability of 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 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 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.

  • 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 Records Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town.

  • 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.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

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