Capacity Deficiency Sample Clauses

Capacity Deficiency. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement, but a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 3.4(b), then on the Commercial Operation Date, the Contract Maximum Amount shall be automatically and permanently reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error.
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Capacity Deficiency. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement, including, without limitation, the requirement that the Actual Facility Size as of the Commercial Operation Date is at least of the proposed nameplate capacity of the Facility as set forth in Exhibit A, but a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 3.4(b), then (i) on the Commercial Operation Date, the Contract Maximum Amount shall be automatically and temporarily reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error, and (ii) Seller shall have a period of following the Commercial Operation Date to attempt to increase the Actual Facility Size to an amount not to exceed the proposed nameplate capacity of the Facility as set forth in Exhibit A (the “Additional Construction Period”). On the earlier of (A) the date that (I)(x) the portions of the Facility constructed during the Additional Construction Period have been completed in all material respects (excepting punchlist items that do not affect the ability of the Facility, Network Upgrades, Related Transmission Facilities, Phase II Network Upgrades and Phase II Related Transmission Facilities to operate as intended hereunder) in accordance with this Agreement and are capable of regular commercial operation in accordance with Good Utility Practice and the manufacturer’s guidelines for all material components of the Facility, (y) all requirements of the ISO-NE Rules and ISO-NE Practices for the delivery of the Products to Buyer have been satisfied and (z) all performance testing for such portions of the Facility has been successfully completed (provided that all of the conditions precedent set forth in Section 3.4(b) remain satisfied after giving effect to the portions of the Facility constructed during the Additional Construction Period); and (II) Seller has delivered to Buyer the Additional Construction Certificates and certificates of insurance evidencing the coverages required under Section 3.5(i) for the Facility after giving effect to the portions of the Facility constructed during the Additional Construction Period and (B) the last day of the Additional Construction Period, the Contract Maximum Amount and the Operating Period ...
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Capacity Deficiency. To the extent that a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 4.4.1(b)(i) of the TSA, then on the Commercial Operation Date, the Contract Maximum Amount shall be automatically reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Seller to Buyer, which notice shall be binding absent manifest error; provided that, pursuant to Section 4.4.1(b) of the TSA, in the event that, during the twenty-four
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Capacity Deficiency. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements for the Commercial Operation Date under Section 3.4(b) of this Agreement, but a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 3.4(b), then on the Commercial Operation Date, the Contract Maximum Amount shall be automatically and permanently reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Buyer to Seller, which notice shall be binding absent manifest error.Increase in Facility Size. To the extent that Seller has constructed the Facility in accordance with Good Utility Practice, and met all other requirements under Section 3.4(b) of this Agreement, if the Independent Engineer’s certification provides that the Actual Facility Size exceeds the Proposed Facility Size as provided in Exhibit A, the Buyer’s Percentage Entitlement will be recalculated and replaced by the percentage derived by dividing the Contract Maximum Amount by the Actual Facility Size.
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Capacity Deficiency. To the extent that a Capacity Deficiency exists on the Commercial Operation Date as permitted by Section 4.4.1(b)(i) of the TSA, then on the Commercial Operation Date, the Contract Maximum Amount shall be automatically reduced commensurate with the Capacity Deficiency, which reduced Contract Maximum Amount shall be stated in a notice from Seller to Buyer, which notice shall be binding absent manifest error; provided that, pursuant to Section 4.4.1(b) of the TSA, in the event that, during the twenty-four (24) months following the TSA Commercial Operation Date, such Capacity Deficiency is reduced or eliminated, then the Contract Maximum Amount shall be automatically increased commensurate with such reduction or elimination, which increased Contract Maximum Amount (i) shall not exceed the MWh/hour set forth in the definition of “Contract Maximum Amount” herein and (ii) shall be stated in a notice from Seller to Buyer, which notice shall be binding absent manifest error.
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Capacity Deficiency. (a) Whenever the amount of Installed Capacity credit that NYSEG receives (i) from NYPP or the ISO, or (ii) to the extent NYSEG has designated PJM Installed Capacity in accordance with Sections 3.5(c) and 4, from PJM for capacity supplied by Generator, is less than the amount of Installed Capacity for which an Option has been exercised, then unless excused by Force Majeure, Generator shall pay NYSEG monthly for any costs incurred by NYSEG associated with Generator's failure to supply Installed Capacity under this Agreement as follows: The sum of (a) all charges imposed by the NYPP, ISO or PJM, including penalties and fines to the extent they exceed charges that would have been due under Section 5.1 had Generator performed with respect to the amount of Installed Capacity by which the Generator was deficient and on which NYSEG incurred NYPP or ISO charges or directly or indirectly incurred PJM charges; (b) if Generator fails to provide Replacement Capacity, and NYSEG obtains Replacement Capacity, then NYSEG's Replacement Capacity Cost, to the extent not included in (a); and (c) all related transaction costs to the extent not included in (a) and (b), that are reasonably incurred, associated with Generator's failure to provide Installed Capacity. (b) If NYSEG incurs any costs over a period greater than one calendar month or at one time associated with Generator deficiencies described above in this Section at a different time, or if NYSEG purchases more Installed Capacity than the amount by which Generator was deficient, then NYSEG shall, in its reasonable discretion, allocate these costs on a monthly basis and determine the portion associated with the deficiency. (c) NYSEG shall set off any payments Generator owes under this Section 5.2 against any payments NYSEG owes Generator under Section 5.1. If payments due NYSEG under Section 5.2 exceed payments due Generator under Section 5.1., Generator shall pay NYSEG the difference.
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Capacity Deficiency. Any Capacity Deficiency (assuming an “Expected Nameplate Capacity” (as defined in the PPAs) of 400 MW) in respect of either Facility shall not exceed 25% in respect of such Facility.
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Capacity Deficiency. A common issue affecting all the state institutions charged with providing services at the national and sub-national levels is limited capacity. However this manifests in various ways. Often entities have been assigned extensive portfolios, with insufficient technical and administrative capacity to fulfil those mandates, including gender sensitive budgeting and planning. In other instances, where technical capacity exists, it is difficult to retain because of the non-competitive remuneration packages. Jamaica also is seeking ways of addressing a brain drain problem, which has particular impact in the health and education sectors. The Jamaican government while approving a public sector rationalization programme, which is seeking to address public sector efficiency and effectiveness, has not developed necessary counterpart instruments such as a Workforce Development Programme to ensure full capacity for all the services which it agrees to retain under the reformed public sector. The programme cycle from 2012 -2016 will see UNDP’s on-going support to capacity development. This will include conscious efforts in training the Implementing Partners (IPs), effective use of the HACT and Capacity Assessments for identification of capacity deficiencies and development of a capacity development strategy based on the results during the project formulation phase.
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Related to Capacity Deficiency

  • Waiver; Deficiency Each Grantor waives and agrees not to assert any rights or privileges which it may acquire under Section 9-112 of the New York UCC. Each Grantor shall remain liable for any deficiency if the proceeds of any sale or other disposition of the Collateral are insufficient to pay its Obligations and the fees and disbursements of any attorneys employed by the Administrative Agent or any Lender to collect such deficiency.

  • Disability Defined For the purposes of this Agreement, the Executive shall be deemed to have terminated his employment by reason of “Disability”, if the Board shall determine that the physical or mental condition of the Executive prevents him from the normal performance of his duties as determined by the Board.

  • Obtain Deficiency If Lender chooses to sell any or all of the Collateral, Lender may obtain a judgment against Grantor for any deficiency remaining on the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this Agreement. Grantor shall be liable for a deficiency even if the transaction described in this subsection is a sale of accounts or chattel paper.

  • Property Defined The Land, the Improvements, the Personal Property, the Leases and the Intangibles are hereinafter sometimes referred to collectively as the "Property."

  • Seniority Defined Seniority is defined as the total length of service in the bargaining unit as an employee, regardless of occupational change. Seniority shall be used as one of the factors in determining preference or priority for promotion, transfers, demotions, terminations and layoff caused by force reductions and recall. Seniority shall operate on a bargaining unit wide basis.

  • No Existing Default No Default or Event of Default shall have occurred and be continuing (i) on the borrowing, continuation or conversion date with respect to such Loan or after giving effect to the Loans to be made, continued or converted on such date or (ii) on the issuance or extension date with respect to such Letter of Credit or after giving effect to the issuance or extension of such Letter of Credit on such date.

  • H5 Disruption The Contractor shall take reasonable care to ensure that in the performance of its obligations under the Contract it does not disrupt the operations of the Authority, its employees or any other contractor employed by the Authority.

  • Servicing Default If any one of the following events ("Servicing Default") shall occur and be continuing: (a) Any failure by the Master Servicer to deposit in the Custodial Account or Payment Account any deposit required to be made under the terms of this Servicing Agreement which continues unremedied for a period of five Business Days after the date upon which written notice of such failure shall have been given to the Master Servicer by the Issuer or the Indenture Trustee, or to the Master Servicer, the Issuer and the Indenture Trustee by the Credit Enhancer; or (b) Failure on the part of the Master Servicer duly to observe or perform in any material respect any other covenants or agreements of the Master Servicer set forth in the Securities or in this Servicing Agreement, which failure, in each case, materially and adversely affects the interests of Securityholders or the Credit Enhancer and which continues unremedied for a period of 45 days after the date on which written notice of such failure, requiring the same to be remedied, and stating that such notice is a "Notice of Default" hereunder, shall have been given to the Master Servicer by the Issuer or the Indenture Trustee, or to the Master Servicer, the Issuer and the Indenture Trustee by the Credit Enhancer; or (c) The entry against the Master Servicer of a decree or order by a court or agency or supervisory authority having jurisdiction in the premises for the appointment of a trustee, conservator, receiver or liquidator in any insolvency, conservatorship, receivership, readjustment of debt, marshalling of assets and liabilities or similar proceedings, or for the winding up or liquidation of its affairs, and the continuance of any such decree or order unstayed and in effect for a period of 60 consecutive days; or (d) The Master Servicer shall voluntarily go into liquidation, consent to the appointment of a conservator, receiver, liquidator or similar person in any insolvency, readjustment of debt, marshalling of assets and liabilities or similar proceedings of or relating to the Master Servicer or of or relating to all or substantially all of its property, or a decree or order of a court, agency or supervisory authority having jurisdiction in the premises for the appointment of a conservator, receiver, liquidator or similar person in any insolvency, readjustment of debt, marshalling of assets and liabilities or similar proceedings, or for the winding-up or liquidation of its affairs, shall have been entered against the Master Servicer and such decree or order shall have remained in force undischarged, unbonded or unstayed for a period of 60 days; or the Master Servicer shall admit in writing its inability to pay its debts generally as they become due, file a petition to take advantage of any applicable insolvency or reorganization statute, make an assignment for the benefit of its creditors or voluntarily suspend payment of its obligations, then, and in every such case, so long as a Servicing Default shall not have been remedied by the Master Servicer, either the Issuer or the Indenture Trustee, with the consent of the Credit Enhancer, or the Credit Enhancer, by notice then given in writing to the Master Servicer (and to the Issuer and the Indenture Trustee if given by the Credit Enhancer) may terminate all of the rights and obligations of the Master Servicer as servicer under this Servicing Agreement other than its right to receive servicing compensation and expenses for servicing the Home Equity Loans hereunder during any period prior to the date of such termination and the Issuer or the Indenture Trustee, with the consent of the Credit Enhancer, or the Credit Enhancer may exercise any and all other remedies available at law or equity. Any such notice to the Master Servicer shall also be given to each Rating Agency, the Credit Enhancer and the Issuer. On or after the receipt by the Master Servicer of such written notice, all authority and power of the Master Servicer under this Servicing Agreement, whether with respect to the Securities or the Home Equity Loans or otherwise, shall pass to and be vested in the Indenture Trustee as pledgee of the Home Equity Loans, as successor Master Servicer pursuant to and under this Section 7.01; and, without limitation, the Indenture Trustee is hereby authorized and empowered to execute and deliver, on behalf of the Master Servicer, as attorney-in-fact or otherwise, any and all documents and other instruments, and to do or accomplish all other acts or things necessary or appropriate to effect the purposes of such notice of termination, whether to complete the transfer and endorsement of each Home Equity Loan and related documents, or otherwise. The Master Servicer agrees to cooperate with the Indenture Trustee in effecting the termination of the responsibilities and rights of the Master Servicer hereunder, including, without limitation, the transfer to the Indenture Trustee for the administration by it of all cash amounts relating to the Home Equity Loans that shall at the time be held by the Master Servicer and to be deposited by it in the Custodial Account, or that have been deposited by the Master Servicer in the Custodial Account or thereafter received by the Master Servicer with respect to the Home Equity Loans. All reasonable costs and expenses (including, but not limited to, attorneys' fees) incurred in connection with amending this Servicing Agreement to reflect such succession as Master Servicer pursuant to this Section 7.01 shall be paid by the predecessor Master Servicer (or if the predecessor Master Servicer is the Indenture Trustee, the initial Master Servicer) upon presentation of reasonable documentation of such costs and expenses. Notwithstanding any termination of the activities of the Master Servicer hereunder, the Master Servicer shall be entitled to receive, out of any late collection of a payment on a Home Equity Loan which was due prior to the notice terminating the Master Servicer's rights and obligations hereunder and received after such notice, that portion to which the Master Servicer would have been entitled pursuant to Sections 3.03 and 3.09 as well as its Master Servicing Fee in respect thereof, and any other amounts payable to the Master Servicer hereunder the entitlement to which arose prior to the termination of its activities hereunder. Notwithstanding the foregoing, a delay in or failure of performance under Section 7.01(a) or under Section 7.01(b) after the applicable grace periods specified in such Sections, shall not constitute a Servicing Default if such delay or failure could not be prevented by the exercise of reasonable diligence by the Master Servicer and such delay or failure was caused by an act of God or the public enemy, acts of declared or undeclared war, public disorder, rebellion or sabotage, epidemics, landslides, lightning, fire, hurricanes, earthquakes, floods or similar causes. The preceding sentence shall not relieve the Master Servicer from using reasonable efforts to perform its respective obligations in a timely manner in accordance with the terms of this Servicing Agreement and the Master Servicer shall provide the Indenture Trustee, the Credit Enhancer and the Securityholders with notice of such failure or delay by it, together with a description of its efforts to so perform its obligations. The Master Servicer shall immediately notify the Indenture Trustee, the Credit Enhancer and the Owner Trustee in writing of any Servicing Default.

  • Notification of Event of Default Borrower shall notify Agent immediately of the occurrence of any Event of Default.

  • Vacancy Defined A vacancy shall be defined as a newly created position, or a present position that is not filled and that the Board intends to fill.

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