Capacity Agreement. The Parties may agree to have certain Facility capacity reserved for Manufacture of Product for certain years (”Capacity Agreement”), especially if the capacity on a certain line or cleanroom is scarce or the Valneva Product demand is considered high as may be indicated by the Long Range Forecast.
Capacity Agreement. (1) CUSTOMERS may book capacities for NETWORK POINTS in accordance with Appendix NAT 3 if the NETWORK POINTS are not of type "network linking point (NLP) of down- stream network operators (NO)“ or "exit zone of downstream NOs“.
(2) Type of capacity, capacity amount in kWh/h, NETWORK POINT, START DAY, END DAY and CAPACITY PRICE shall be defined in the respective Appendix to the CAPACITY AGREEMENT or in the description of the CAPACITY RIGHT in the ONLINE BOOKING SYSTEM.
(3) Rights and obligations for several NETWORK POINTS may be defined at different levels and at different times in the Appendices of a CAPACITY AGREEMENT. Addition of further Appendices at a subsequent point in time shall be possible if the periods specified in Clause 7, Items 2 and 3 and Clause 15, Item 3 of the WINGAS TRANSPORT NETWORK ACCESS TERMS are adhered to.
(4) WINGAS TRANSPORT shall make available not only FREELY ASSIGNABLE CAPACI- TIES, but also CAPACITIES RESTRICTED IN THEIR ASSIGNMENT if and to the extent that the award of FREELY ASSIGNABLE CAPACITIES is thereby increased in the pipeline system of WINGAS TRANSPORT as a whole. Type and extent of the restriction shall be defined in the respective Appendix of the CAPACITY AGREEMENT.
(5) COUNTERFLOW CAPACITIES may be booked from WINGAS TRANSPORT on an inter- ruptible basis at designated network points in accordance with Appendix NAT 3.
(6) Where WINGAS TRANSPORT needs to intervene, for technical reasons, in CAPACITY RIGHTS, capacities shall be reduced in the ratio of the ENTRY CAPACITIES or EXIT CA- PACITIES booked by the respective CUSTOMERS at this NETWORK POINT to the total of ENTRY CAPACITIES or EXIT CAPACITIES booked at this NETWORK POINT.
(7) Concluding a contract for a CAPACITY RIGHT using the ONLINE BOOKING SYSTEM shall be equivalent to conclusion of a CAPACITY AGREEMENT, including the Appendix to the CAPACITY AGREEMENT describing the respective CAPACITY RIGHT.
(8) A capacity agreement signed by WINGAS TRANSPORT shall also be deemed to be a declaration of acceptance within the meaning of Clause 7, Item 1 of the WINGAS TRANS- PORT NETWORK ACCESS TERMS.
(9) The CUSTOMER shall be obliged to ensure that the ENTRY CAPACITIES and EXIT CA- PACITIES used by him are not exceeded in any hour. The CUSTOMER shall pay in- creased charges for a capacity overrun in accordance with Part I, Item 3 of WINGAS TRANSPORT CHARGES INFORMATION. If a capacity is exceeded several times within one DAY, only one increased charge shall be calculated. The...
Capacity Agreement. A Capacity Agreement, substantially in the form attached hereto as EXHIBIT I, shall have been executed and delivered by the parties thereto.
Capacity Agreement. (EXHIBIT E)
Capacity Agreement. (a) Qwest agrees to purchase $140 million of capacity from Global on the terms set forth in an agreement in the form of Exhibit C hereto, and in connection therewith, Qwest and Global shall enter into an agreement in the form of Exhibit C hereto simultaneously with entering into this Agreement.
(b) The parties agree that the agreement pursuant to Section 4.02(a) above and payments provided in Section 2 of the Termination Agreement dated as of the date hereof between Global and U S WEST are in full satisfaction and discharge of the obligations of U S WEST under the U S WEST Merger Agreement in respect of the termination fees thereunder as well as all other Claims (as defined in Section 6.01(a)) by Global against U S WEST in respect only of the U S WEST Merger Agreement (and not, for purposes of clarification, in respect of the other agreements listed in Section 8.07 or any other agreements between the parties hereto), all in accordance with the Termination Agreement substantially in the form of Exhibit A hereto.
Capacity Agreement. (a) Qwest agrees to purchase $140 million of capacity from Global on the terms set forth in an agreement in the form of Exhibit C hereto, and in connection therewith, Qwest and Global shall enter into an agreement in the form of Exhibit C hereto simultaneously with entering into this Agreement.
(b) The parties agree that the agreement pursuant to Section 402 above and payments provided in Section 2 of the Termination Agreement dated as of the date hereof between Global and U S WEST are in full satisfaction and discharge of the obligations of U S WEST under the U S WEST Merger Agreement in respect of the termination fees thereunder as well as all other Claims (as defined in Section 601) by Global against U S WEST in respect only of the U S WEST Merger Agreement (and not, for purposes of clarification, in respect of the other agreements listed in Section 807 or any other agreements between the parties hereto), all in accordance with the Termination Agreement substantially in the form of Exhibit A hereto.
