Capacity Definitions Sample Clauses

Capacity Definitions. Neither of the parties shall in any way grant, encumber, limit, or restrict its interest or ownership in any part of the joint facilities, or seek to partition the same or have any part thereof set apart for any purpose other than the disposal of sewage and sewage effluent, without the prior written consent of the other party. Neither of the parties shall in any way encroach upon the capacity rights of the other without the prior written consent of the other party. It is agreed that the present plant capacity is 1.7 million gallons/day average dry weather flow (mgd) and outfall capacity is 2.4 mgd, which capacity is owned respectively at 0.68 mgd and 0.96 mgd for CAYUCOS and 1.02 mgd and 1.44 mgd for MORRO BAY. An encroachment will exist in the existing plant and outfall line or in the existing common trunk line if CAYUCOS or MORRO BAY exceeds its respective capacity in the plant, common trunk line, or outfall line capacity. It is further agreed that the capacity in the expanded plant will be that shown in Exhibit “F,” attached hereto, with waste loading parameters related to flow, strength and waste flow, quantities to peak seasonal dry weather flow (PSDWF). As a policy matter to be decided jointly by CAYUCOS and MORRO BAY, the capacities fixed in this subparagraph may be adjusted on the basis of changed circumstances, such as the granting of a waiver of secondary discharge requirements. An encroachment shall exist if any of these parameters is exceeded by MORRO BAY or CAYUCOS as to each respective party’s percentage capacity rights. In the event of an encroachment, the responsible party will immediately disallow any new or increased flow sources to connect to or add flow to its respective collection system until all its respective waste loadings are below its share of the capacity. Within fifteen (15) days of identification of an encroachment, the encroaching party shall submit a written plan to the other party showing how it intends to rectify the encroachment. Should one party infringe upon the other party’s capacity, even if the total plant capacity is not being approached, it is hereby agreed that the encroached upon party will be irretrievably harmed and would be entitled to injunctive relief to restrain any such encroachment. The specific remedies provided herein are not exclusive and any encroached upon party is also entitled to any other remedy available in law or in equity.
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Related to Capacity Definitions

  • Key Definitions As used herein, the following terms shall have the following respective meanings:

  • Seniority Definition Seniority is the Layoff Service Date which is the date the employee began state service (except as a temporary appointee) as adjusted for break(s)-in-service. (See Letter of Agreement 70.00-09-179 in Appendix A).

  • 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.

  • Amendments to Equity Definitions (i) Section 12.6(a)(ii) of the Equity Definitions is hereby amended by (1) deleting from the fourth line thereof the word “or” after the word “official” and inserting a comma therefor, and (2) deleting the semi-colon at the end of subsection (B) thereof and inserting the following words therefor “or (C) the occurrence of any of the events specified in Section 5(a)(vii)(1) through (9) of the ISDA Master Agreement with respect to that Issuer.” (ii) Section 12.9(b)(i) of the Equity Definitions is hereby amended by (1) replacing “either party may elect” with “Dealer may elect” and (2) replacing “notice to the other party” with “notice to Counterparty” in the first sentence of such section.

  • Tax Definitions The following terms, as used herein, have the following meanings:

  • 000 DEFINITIONS 6. 100 Maintenance shall be work performed for the repair, renovation, revamp and upkeep of property, machinery and equipment within the limits of the plant property.

  • Other Adjustments Pursuant to the Equity Definitions Notwithstanding anything to the contrary in this Confirmation, solely for the purpose of adjusting the Cap Price, the terms “Potential Adjustment Event,” “Merger Event,” and “Tender Offer” shall each have the meanings assigned to such term in the Equity Definitions (as amended by Section 10(i)(i)), and upon the occurrence of a Merger Date, the occurrence of a Tender Offer Date, or declaration by Counterparty of the terms of any Potential Adjustment Event, respectively, as such terms are defined in the Equity Definitions, the Calculation Agent shall determine in a commercially reasonable manner whether such occurrence or declaration, as applicable, has had a material economic effect on the Transactions and, if so, may, in its commercially reasonable discretion, adjust the Cap Price to preserve the fair value of the Options to Dealer; provided that in no event shall the Cap Price be less than the Strike Price; provided further that any adjustment to the Cap Price made pursuant to this Section 10(x) shall be made without duplication of any other adjustment hereunder (including, for the avoidance of doubt, adjustment made pursuant to the provisions opposite the captions “Method of Adjustment,” “Consequences of Merger Events / Tender Offers” and “Consequence of Announcement Events” in Section 3 above).

  • 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.

  • Amendments to the Equity Definitions (A) Section 11.2(a) of the Equity Definitions is hereby amended by deleting the words “a diluting or concentrative” and replacing them with the words “an”; and adding the phrase “or Warrants” at the end of the sentence. (B) Section 11.2(c) of the Equity Definitions is hereby amended by (x) replacing the words “a diluting or concentrative” with “an”, (y) adding the phrase “or Warrants” after the words “the relevant Shares” in the same sentence and (z) deleting the phrase “(provided that no adjustments will be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares)” and replacing it with the phrase “(and, for the avoidance of doubt, adjustments may be made to account solely for changes in volatility, expected dividends, stock loan rate or liquidity relative to the relevant Shares).” (C) Section 11.2(e)(vii) of the Equity Definitions is hereby amended by deleting the words “a diluting or concentrative” and replacing them with the word “a material”; and adding the phrase “or Warrants” at the end of the sentence. (D) Section 12.6(a)(ii) of the Equity Definitions is hereby amended by (1) deleting from the fourth line thereof the word “or” after the word “official” and inserting a comma therefor, and (2) deleting the semi-colon at the end of subsection (B) thereof and inserting the following words therefor “or (C) at Dealer’s option, the occurrence of any of the events specified in Section 5(a)(vii) (1) through (9) of the ISDA Master Agreement with respect to that Issuer.” (E) Section 12.9(b)(iv) of the Equity Definitions is hereby amended by:

  • – SCOPE & DEFINITIONS 2.01 The Employer recognizes the Union as the bargaining agent of all Registered and Graduate Nurses employed by Revera Long Term Care Inc. operating as Columbia Forest Long Term Care Centre, Waterloo, Ontario, in a nursing capacity save and except the Assistant Director of Care and persons above the rank of Assistant Director of Care. (a) A full-time employee shall mean an employee covered by this Agreement who is committed to and regularly works the full work period of seventy- five (75) bi-weekly hours, exclusive of overtime. (b) A regular part-time employee is one who is committed to and regularly works less than the full prescribed bi-weekly hours of work. (c) A casual part-time employee means an employee who is called to work on a call in basis, but who does not work a regular schedule, or does so only for a specified period. Such employee has the option of refusing work when it is made available to her, however, it is also understood that a casual part-time employee cannot unreasonably or consistently refuse to work shifts. 2.03 Whenever the feminine pronoun is used in this agreement, it includes the masculine pronoun, where the context so requires and vice-versa. Where the singular is used, it may also be deemed to mean the plural and vice-versa.

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