Capacity Expansion. An increase in telecommunication channels a System is able to transmit, receive and transport above those created by the installation of the Initial System, achieved by an addition to or change in equipment.
Capacity Expansion. TRMC may at any time make a written request to TLO to increase the throughput capacity of any Segment or to construct any new pipelines between the SLC Refinery, the Storage Facility or any local third party terminals (a “Capacity Expansion”), and shall include in such written request the parameters and specifications of the requested Capacity Expansion. Upon the receiving such a request, TLO shall promptly evaluate the relevant factors related to such request, including, without limitation: engineering and design criteria, limitations affecting such Capacity Expansion and any related tankage, cost and financing factors and the effect of such Capacity Expansion on the overall operation of the Short Haul Pipelines. If TLO determines that such a Capacity Expansion is operationally and commercially feasible, TLO shall present a proposal to TRMC concerning the design of such Capacity Expansion, its projected costs and how such costs might be funded by or recovered from TRMC. If TLO determines that such a Capacity Expansion is not commercially or operationally feasible, it shall provide TRMC with an explanation of and justification for why it made such determination. If TLO notifies TRMC that the Capacity Expansion may be commercially and operationally feasible, the Parties shall negotiate reasonably and in good faith to determine appropriate terms and conditions for the Capacity Expansion, which shall include, without limitation, the scope of the Capacity Expansion, the appropriate timing for constructing the Capacity Expansion and a mechanism for TLO to recover its costs, plus a reasonable return on capital associated with such Capacity Expansion, which may include, without limitation, direct funding of all or part of the costs by TRMC, an increase in Transportation Fee and/or an increase in the Minimum Throughput Commitment.
Capacity Expansion. Membrane manufacturing capacity will be reviewed in accordance with a mutually agreed upon schedule during the Term of this Agreement, but no less often than annually. Entegris shall be responsible to review and report on the capacity of the Entegris Equipment and Millipore shall be responsible to review and report on the capacity of the Millipore Equipment. The results of these reviews will be discussed and documented for reference and to provide a basis for capacity expansion, as may be appropriate and agreed by the parties.
Capacity Expansion. The Borrower shall cause MOR to ensure that all capacity expansion activities in southwestern region in the territory of the Borrower are completed with due consideration of their environmental and social safeguards in a timely manner.
Capacity Expansion. In the event that THPP proposes the construction or acquisition of any new pipeline with an intrastate North Dakota origin point which connects to the Pipeline System, the return to service of any pipeline with an intrastate North Dakota origin which connects to the Pipeline System inactive on the Commencement Date or the expansion or enhancement of the Available Capacity on any currently existing Segment (any of the foregoing, a “Capacity Expansion”), then: (A) THPP shall provide written notice to TRMC at least 180 days prior to the projected date of completion and first usable service for such Capacity Expansion (“Capacity Expansion Completion Date”), describing in reasonable detail the proposed Capacity Expansion and the projected timetable for such Capacity Expansion, including the projected Capacity Expansion Completion Date; (B) TRMC shall have the option, exercisable by written notice to THPP within 60 days after TRMC’s receipt of a Capacity Expansion Notice, to reserve up to 70% of such Capacity Expansion; and (C) in the event that TRMC so elects to reserve a portion of such Capacity Expansion, then (1) THPP shall provide TRMC with such periodic updates and information with respect to the Capacity Expansion as TRMC shall reasonably request and (2) on the actual Capacity Expansion Completion Date, the Minimum Throughput Commitment and Reserved Capacity for the affected Segments shall be increased by the number of bpd of the Capacity Expansion TRMC has elected to reserve. For any Capacity Expansion requiring the filing of any new tariff with the NDPSC, the provisions of Section 5(e)(ii) shall apply to the determination of the Committed Tariff Rate applicable to TRMC’s reserved portion of such Capacity Expansion. The proration provisions of the Rules Tariff shall apply so as to provide TRMC with priority for the adjusted Reserved Capacity as a shipper under a Committed Tariff, and TRMC shall be subject to proration as a shipper under an Uncommitted Tariff with respect to any portion of a Capacity Expansion not reserved by TRMC pursuant to this Section 2(b)(ii). Notwithstanding the foregoing, consistent with the terms of Section 2(a)(ii) above, unless otherwise expressly agreed in writing by TRMC, no Capacity Expansion shall (Y) reduce or restrict the right and ability of TRMC to ship at least the Minimum Throughput Commitment in the aggregate across all Segments from North Dakota origin points nominated by TRMC to the Pipeline System hub at Xxxx Cente...
Capacity Expansion. 4.2.1 At its option, and at any time during the Term, either Party may seek to invest in additional manufacturing capacity for the Manufacture of the Product. In such event, such Party will provide written notification to the other Party of its intent, which notice shall include all information reasonably necessary for such other Party to understand the additional capacity sought (i.e., the number of tablets of the Product), and the expected timing for receipt of such additional capacity. Upon receipt of the notice from such other Party, the other Party (i.e., the Party that received the notice) agrees to negotiate in good faith with such other Party supply of Product to or from such other Party using such additional manufacturing capacity and associated *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. pricing. At Takeda’s request, [***]. Notwithstanding anything to the contrary in this Section 4.2.1, Orexigen shall have no obligation to establish a second Manufacturing facility or to increase the capacity at Patheon’s Manufacturing facility for the Product during the Term.
4.2.2 If a Party desires a commitment of Manufacturing capacity at Patheon’s Manufacturing facility beyond the Manufacturing Capacity, or desires that an additional Manufacturing facility other than at [***] be established by Orexigen for the Manufacture of the Product during the Term, such Party shall present to the JMC for consideration the proposed project, expected results, estimated costs thereof, how the additional capacity from such project will be allocated between the Territory and outside the Territory, and how the costs of such project will be borne between the Parties. If the JMC does not approve a project and such cost sharing, either Party may escalate the Dispute pursuant to Section 5.7 of the Collaboration Agreement; provided, however, that [***] shall have final decision-making authority or the right to solely decide a Dispute related to a project for capacity expansion pursuant to this Section 4.2. For any capacity expansion project solely for the Territory that is approved by the JMC (or pursuant to Section 5.7 of the Collaboration Agreement), the costs shall be borne [***]. For any other capacity expansion project and cost sharing that is approved by the JMC (or pursuant to Section 5.7 of the Collaboration Agreement), the costs of such projec...
Capacity Expansion. The parties agree that PURCHASER's obligation to provide financing shall not exceed the same proportional financial commitment as its contribution to the cost of the Xxxxxxx #1 Capacity Expansion bears to the total cost of such expansion, and GENSIA SICOR shall be under no obligation to accept such financing."
Capacity Expansion. The Manufacturing working group of the JAC will discuss planning for Manufacturing capacity expansion, which may include the establishment and qualification of Sanofi or any of its Affiliates as a secondary source of supply of Product in accordance with the Supply Agreement.
Capacity Expansion. 7 2.9 Manufacturing Changes. . . . . . . . . . . . . . . . . . . . . . . 8 2.10 Price, Price Adjustments and Payment . . . . . . . . . . . . . . . 8 2.11 Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2.12
Capacity Expansion. Customer may increase the number of Dell Storage Endpoints, and/or the Dell Storage Endpoint Capacity for a Dell Storage Endpoint Managed by the Dell APEX Service by placing an Order for additional Dell Storage Endpoint Capacity or new Dell Storage Endpoints. Dell or Dell’s Channel Partner will provide Customer with a Quote for this purpose on request. Dell Storage Endpoint Capacity Increases may be co- terminus, as determined by Dell, with the current Subscription Term for the corresponding Dell Storage Endpoint(s) to which they are applied. The Subscription Term for Dell APEX Service Orders for additional Dell Storage Endpoints are separate from each other and commence from their respective Subscription Activation Dates. Additional charges for such Additional Dell Storage Endpoint Capacity for the remaining Subscription Term will be invoiced on or about the Order date. Customer may not reduce the Dell Storage Endpoint Capacity during a Subscription Term.
