Available Capacity. Unoccupied conduit, duct and/or innerduct space is assumed available for use by an attaching party, excluding the conduit, ducts and/or innerducts reserved for the universal maintenance spare, municipal use, or which are subject to the pending, prior request of another attaching party. With respect to ducts which are apparently vacant and available but cannot be occupied due to blockage, Ameritech will take all reasonable steps to create the necessary space in such blocked ducts, at CLEC’s cost (refer to Make Ready Work/Billing Authorization). If CLEC ceases to use Attachments for any period of one hundred and eighty (180) consecutive days, such Attachments are presumed to be usable for attachments of other attaching parties, but require a sixty (60) day notice to the attachment owner before removal.
Available Capacity. It means, for a determined period, the difference between the effective capacity and the addition of (i) the Contracted Capacity, and (ii) the Right of First Refusal.
Available Capacity. Idaho Power will make power available to Hoku in an amount equal to the kilowatts of Total Contract Demand shown in Section 6.1.1.
Available Capacity. Without derogating from the provisions of Articles 6.4.1 to 6.4.8, if by December 31, 2012 the Increase Notice has not been given, then at Buyer’s request the Sellers shall advise the Buyer whether they have available uncontracted capacity in the Sellers’ Facilities and are able to increase the MaxHQ and DCQ under this Agreement using the existing Sellers’ Facilities. In the event the Sellers advise the Buyer that they do have available capacity as aforesaid and within thirty (30) days thereafter the Buyer notifies the Sellers that it would like to increase the MaxHQ and the DCQ hereunder, the Buyer and Sellers shall meet within fourteen (14) days from the date of Buyer’s notice in order to discuss such increase.
Available Capacity. Xxxxxx Powerplant generating capacity which is available to the Contractors at any given time, taking into account the unit capability and Outages at that time.
Available Capacity. Available storage capacity at the Acquired Terminals other than the Reserve Amount, and not otherwise being used by or reserved for another customer, will be made available for Customer use (“Available Capacity”). Customer may request use of Available Capacity at the Acquired Terminals and Xxxxxxxxx will accommodate such requests to the extent Xxxxxxxxx determines it is feasible to do so. Xxxxxxxxx shall have no obligation to accommodate any such request which in Xxxxxxxxx’x judgment would potentially cause Xxxxxxxxx to receive income that would not be qualifying income under Section 7704 of the Internal Revenue Code, potentially adversely impact Xxxxxxxxx’x ability to enter into a listing agreement with any National Securities Exchange, or potentially cause the delisting or trading suspension of some or all of the equity interests of Xxxxxxxxx on any National Securities Exchange on which Xxxxxxxxx’x equity interests are listed or admitted to trading or be likely, in Xxxxxxxxx’x reasonable discretion, to cause Xxxxxxxxx to breach or violate any commitment to any other customer. The term “National Securities Exchange” means an exchange registered with the Commission under Section 6(a) of the Securities Exchange Act, as amended, supplemented or restated from time to time, and any successor to such statute.
Available Capacity. From and after the Launch Go Date during the Term, Nisso shall at all times maintain an annual manufacturing capacity for Drug Substance of not less than [ *** ] tons in potency base at the Nihongi Facility.
Available Capacity. Xxxxxx Powerplant generating capacity which is currently available for use including reductions for derated unit capability and unit outages.
Available Capacity. 29.1 The Services to be provided to the Buyer shall be based on the Available Capacity of each Factory. The Supplier will provide the Buyer with Monthly updates on the Available Capacity of each Factory.
29.2 If, during the Term, the Buyer wishes for the Supplier to:
29.2.1 develop and/or increase the Available Capacity for any Product; or
29.2.2 install production capability for any new product, the Buyer shall notify the Supplier in writing and the Parties shall mutually discuss the Buyer’s proposal in good faith. In the event that the Supplier consents to the Buyer’s proposal, the Parties shall agree on the terms to be applied.
29.3 Subject to Clause 29.4, the Supplier will take into account, inter alia, the following considerations when considering the Buyer’s proposal:
29.3.1 the return on investment;
29.3.2 the payback period;
29.3.3 the effect on the Supplier’s earnings before interest, taxes, depreciation and amortization (EBITDA); and
29.3.4 the effect on the Supplier’s earnings before interest and taxes (EBIT).
29.4 For the avoidance of doubt, the Supplier may at its sole discretion provide or withhold its consent to any proposal put forth by the Buyer.
Available Capacity. Existing school capacity which is available within a Concurrency Service Area including any new school capacity that will be in place or under actual construction. Certificate of Concurrency (COC): A final local development order or certificate issued at final site plan or final plat approval, which has verified public facility capacity is available to service a development.
