Available Supply Clause Samples

The 'Available Supply' clause defines the quantity or type of goods, services, or resources that a party is able and willing to provide under the agreement. It typically specifies limits or conditions on what can be supplied, such as maximum quantities, delivery schedules, or contingencies affecting availability. This clause ensures both parties have a clear understanding of supply commitments, helping to prevent disputes over shortages or unmet expectations.
Available Supply. Days prior to the beginning of each Month and *** Days prior to any change thereof during the Month, Shipper’s Operator shall submit via LMM’s Nomination System the number of Dth of Gas that Shipper’s Operator will make available at each Receipt Point for the account of Shipper (“Available Supply”). For each Day, Shipper shall submit via LMM’s Nomination System a numerical ranking of Shipper’s Available Supplies to indicate the priority in which Shipper desires its Available Supplies to be scheduled for delivery by LMM (the lower the number the higher the priority). Failure by Shipper to timely submit such ranking shall result in the receipt of deliveries from the Available Supplies on a pro rata basis. LMM may adjust an Available Supply when historical production or current data from LMM’s Telemetering Facilities suggests that the Available Supply is inaccurate (“Adjusted Available Supply”).
Available Supply. The City represents that (i) it owns, operates and maintains the electrical facilities, supply and distribution systems (the “City Electrical System”), (ii) currently holds all permanent easements (if any) or permanent rights of access in public rights of way or private easements as are necessary to enable the Developer to extend the City Electrical System to the boundary of the Subject Realty from its substation at [to follow], and
Available Supply. Two (2) Days prior to the beginning of each Month, ▇▇▇▇▇▇▇’s Operator shall submit via ▇▇▇▇▇▇▇▇’ Nomination System the number of MMBtus of Gas that Shipper’s Operator will make available at each Receipt Point for the account of Shipper (“Available Supply(ies)”). For each Day, Shipper shall submit via ▇▇▇▇▇▇▇▇’ Nomination System a numerical ranking of Shipper’s Available Supplies to indicate the priority in which Shipper desires its Available Supplies to be scheduled for delivery by ▇▇▇▇▇▇▇▇ (the lower the number the higher the priority). Failure by ▇▇▇▇▇▇▇ to timely submit such ranking shall result in the receipt of deliveries from the Available Supplies on a pro rata basis. ▇▇▇▇▇▇▇▇ may adjust Available Supply when historical production or current data from ▇▇▇▇▇▇▇▇’ Telemetering Facilities evidences that the Available Supply is inaccurate (“Adjusted Available Supply”).
Available Supply. As of the Amendment Date and until the Supply Availability Date, all clinical material of Local/Regional ONYX-015 shall be dedicated to Onyx’s use, except for the completion of the treatment protocol of those patients accrued by Warner in clinical trials prior to the Amendment Date. In this regard, the Parties recognize that Onyx entered into a supply agreement with Xoma (US) LLC (“Xoma”) on January 29, 2001 for the purpose of securing an increased supply of clinical material of Local/Regional ONYX-015. Onyx shall notify Warner when either: Xoma has successfully manufactured three (3) batches of Local/Regional ONYX-015 at commercial scale and has locked-down the manufacturing process for the product; or when Xoma’s development scale runs indicate supply availability; or when other Third Party manufacturers have provided similar assurances of supply (“Supply Availability Date”). At such time, Warner may request an audit of any Third Party manufacturing facility supplying such Local/Regional ONYX-015 clinical supply pursuant to Section 5.6.
Available Supply. The City represents and warrants that it owns, operates and maintains its own electrical facilities, supply, transmission and distribution systems (collectively hereinafter referred to as “electric system”) which are extendable to the Property through existing easements or rights-of-way, or which the City agrees to make extendable through easements or rights-of-way and, upon extension to the Property at Owner‟s expense and upon Owner‟s completion of the “Primary Electrical Improvements” (as set forth in subparagraph D below), will have sufficient capacity, up to a maximum of 6MW, to accommodate the development of Zoning Parcels A, B, C and D in accordance with the uses designated by said Zoning Parcels on Exhibit C, in accordance with the provisions of this Agreement. Owner and City further agree that until the “Additional Electrical Facility Improvements” (as set forth in subparagraph E below) are constructed, or such earlier date as may be determined by the Public Works Director, Owner shall be limited to a total of 6MW for Zoning Parcels A, B, C and D. For the purposes of this Agreement and future development of the Property, it is agreed by the City and Owner that an appropriate electric supply shall be required and which is sufficient for each Zoning Parcel Development Phase.
Available Supply. The City represents and warrants that it owns, operates and maintains an electrical facility, supply and distribution system which supply and distribution system may be extended to the Property through existing easements or rights-of-way and upon extension to the Property, will have sufficient capacity to accommodate approximately an eighty (80) unit senior housing development on the Property in accordance with this Agreement.
Available Supply. The City represents that (i) it owns, operates and maintains the electrical facilities, supply and distribution systems (the “City Electrical System”), (ii) currently holds all permanent easements (if any) or permanent rights of access in public rights of way as are necessary to extend the City Electrical System to the boundary of the Subject Realty from its substation at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ in a northerly direction, and (iii) it has, and will reserve for service to the Substantially Conforming Development not less than ten thousand (10,000) amps of power so long as construction of same is commenced within six (6) months following the City’s approval of the Final PUD Plans, and the procurement of all required permits
Available Supply. The City represents and warrants that it owns, operates and maintains its own electrical facilities, supply and distribution systems which are extendable to the Property through existing easements or rights-of-way, or which the City agrees to make extendable through easements or rights-of-way and, upon extension to the Property, will have sufficient capacity, up to a maximum of 6MW, to accommodate the development of Zoning Parcels A, B, C and D in accordance with the uses designated by said Zoning Parcels on Exhibit C, in accordance with the provisions of this Agreement. Owner and City agree that unless Owner and City reach an agreement with respect to the provision of additional Electrical Facility Improvements which would provide for additional capacity beyond 6MW, Owner shall be limited to a total of 6MW for Zoning Parcels A, B, C and D. For the purposes of this Agreement and future development of the Property, it is agreed by the City and Owner that an appropriate electric supply shall be required and sufficient for each Zoning Parcel Development Phase.

Related to Available Supply

  • CONTRACT USAGE AGREEMENT PARTIES Any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services: ▪ Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington; ▪ Federal governmental agencies or entities; ▪ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and ▪ Federally-recognized Indian Tribes located in the State of Washington.

  • Supply Agreement Until the Parties enter into the Supply Agreement, the Parties agree to the following terms, which terms, to the extent applicable, shall be included in the Supply Agreement: 5.1. Pro-Dex will be Monogram’s exclusive manufacturer and supplier for all of the Products. Before providing any manufacturing and supply services to Monogram, Pro-Dex will provide in writing to Monogram: (i) the reference data (from simulated use studies) used to inform the warranty period; (ii) the framework for validating processes for receiving contaminated field units for repairs and servicing; (iii) the price per Product, which, subject to Section 5.3, if Monogram does not agree to, shall be determined by Monogram soliciting bids for that same Product from at least three manufacturing companies that are (a) mutually agreed upon by Monogram and Pro-Dex, (b) ISO 13485 qualified, (c) registered with the FDA, and (d) in compliance with the FDA’s Quality System Regulation (the “Qualified Manufacturers”). The higher of (x) the average of the bids provided by the Qualified Manufacturers and (y) the median of the bids shall be the “Qualified Manufacturer Bid”. After obtaining the Qualified Manufacturer Bid, Pro-Dex will have the right to manufacture and supply that Product at the lesser of (i) one hundred and fifty percent (150%) of the Qualified Manufacturer Bid or (ii) the original bid submitted by Pro-Dex. If Pro-Dex does not elect to manufacture and supply that Product on such terms, Monogram may outsource the manufacturing and supply of that Product to a Qualified Manufacturer selected by Monogram and subject to Pro-Dex’s approval (not to be unreasonably withheld); and (iv) the lead time required by Pro-Dex to deliver the manufactured Products to Monogram, which, if Monogram does not agree to, shall be determined by Monogram soliciting lead time bids for that same Product from at least three Qualified Manufacturers. The higher of (x) the average of the bids provided by the Qualified Manufacturers and (y) the median of the bids shall be the “Qualified Lead Time Bid”. After obtaining the Qualified Lead Time Bid, Pro-Dex will have the right to supply the Products with a lead time equal to the lesser of (i) two hundred percent (200%) of the Qualified Lead Time Bid or (ii) the original bid submitted by Pro-Dex. If Pro-Dex does not elect to manufacture and supply that Product at such lead times, Monogram may outsource the manufacturing and supply of that Product to a Qualified Manufacturer selected by Monogram and subject to Pro-Dex’s approval (not to be unreasonably withheld).

  • Power Supply The source of power for the VAS shall either be the vehicle battery or a rechargeable battery. Where provided, an additional rechargeable or non-rechargeable battery may be used. These batteries shall by no means supply energy to other parts of the vehicle electrical system.

  • Designated Equipment; Designated Locations The System and the Data Access Services shall be used and accessed solely on and through the Designated Configuration at the offices of the Fund or the Fund Accountants in ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇ (“Designated Locations”).

  • Transit Traffic 7.2.2.3.1 CenturyLink will accept traffic originated by CLEC’s network and/or its end user(s) for termination to other Telecommunications Carrier’s network and/or its end users that is connected to CenturyLink's Switch. CenturyLink will also terminate traffic from these other Telecommunications Carriers’ network and/or its end users to CLEC’s network and/or its end users. For purposes of the Agreement, transit traffic does not include traffic carried by Interexchange Carriers. That traffic is defined as Jointly Provided Switched Access. 7.2.2.3.2 The Parties involved in transporting transit traffic will deliver calls to each involved network with CCS/SS7 protocol and the appropriate ISUP/TCAP messages to facilitate full Interoperability and Billing functions. 7.2.2.3.3 The originating company is responsible for payment of appropriate rates to the transit company and to the terminating company. The Parties agree to enter into traffic exchange agreements with third party Telecommunications Carriers prior to delivering traffic to be transited to third party Telecommunications Carriers. In the event one Party originates traffic that transits the second Party’s network to reach a third party Telecommunications Carrier with whom the originating Party does not have a traffic exchange agreement, then the originating Party will indemnify, defend and hold harmless the second Party against any and all charges levied by such third party Telecommunications Carrier, including any termination charges related to such traffic and any attorneys fees and expenses. In the case of IntraLATA LEC Toll traffic where CenturyLink is the designated IntraLATA Toll provider for existing LECs, CenturyLink will be responsible for payment of appropriate usage rates. 7.2.2.3.4 When CenturyLink receives an unqueried call from CLEC to a telephone number that has been ported to another local services provider, the transit rate will apply in addition to any query rates. 7.2.2.3.5 In the case of a transit call that terminates in the Local Calling Area but in a different state than the call originated, and the CLEC does not have an agreement with CenturyLink in the state where the transit call terminated, CLEC must execute an agreement for that state if it is a state served by CenturyLink. In the absence of a second agreement, the transit rate in Exhibit A of this Agreement will be billed to the CLEC.