Capacity Guarantee. For each subsequent Calendar Year during the Term, if Indivior's volume demand drops below the output of the Line (i.e., the demonstrated performance) during Calendar Year 2022 ("2022 Line Output"), then Curia shall not be required to dedicate the Line to Processing Product for Indivior; provided, however, Curia shall give Indivior the right of first refusal with respect to any unutilized capacity on the Line during the first Calendar Year in which Indivior's volume demand (based on the Annual Forecast) drops below the 2022 Line Output. Accordingly, Indivior may elect to have the Line dedicated to Indivior in any subsequent Calendar Year during the Term by paying a capacity reservation fee, based on the types of units of Product ordered during the previous Calendar Year and the associated Unit Pricing (i.e., the average per unit price) set forth in Column B in the table set fo1th in Exhibit B, subject to adjustment in accordance with Section 7.2 ("Capacity Reservation Fee"). In the event Indivior does not elect to pay the Capacity Reservation Fee during any Calendar Year during the Term, Curia shall have the right to sell the unutilized capacity to other customers and Indivior's right of first refusal set forth in this Section 4.2 shall lapse. Within ten (10) calendar days of the first (1st) day of each Calendar Year during the Term, Indivior shall provide Curia with notice of whether Indivior would like to reserve such unutilized capacity by paying the Capacity Reservation Fee. By way of example, if the 2022 Line Output is 800,000 units of Product and Indivior's volume demand for Calendar Year 2023 is 700,000 units of Product, then Indivior may elect to have the Line dedicated to Indivior during Calendar Year 2023 by paying a Capacity Reservation Fee for the 100,000 units of unutilized capacity. For clarity, for each Calendar Year in which Indivior elects to pay a Capacity Reservation Fee, if applicable, such Capacity Reservation fee shall be credited towards any amount of Product Curia Processes and Delivers in excess of the Annual Forecast during such Calendar Year.
Capacity Guarantee. (a) The provisions of Sections 1.3(b) and (c) below shall apply only in respect of itineraries booked by LMGC for the period on or after September 1, 2000 and LMGC acknowledges that Airline cannot commit to such capacity guarantees for itineraries prior thereto. Airline shall however use its commercially reasonable best efforts to ensure that LMGC's needs for capacity are satisfied in respect of itineraries prior thereto.
(b) Subject to Section 1.3(a), Airline shall ensure that, at all times during the Term, for each **** day period which commences at least **** days after such time, the total of:
(i) all Airline Seats of Airline and each Regional Airline on each **** Route which are available to be booked by LMGC at the Special Fares on flights departing in such **** day period, plus
(ii) all Airline Seats of Airline and each Regional Airline on such **** Route which at such time have been booked by LMGC at the Special Fares for flights departing in such **** day period, is at least **** of the aggregate Airline Seats offered by Airline and the Regional Airlines for such **** day period on such **** Route.
(c) In addition, but again subject to Section 1.3(a), Airline shall also ensure that, at all times during the Term, for each **** day period which commences at least **** days after such time, the total of:
(i) all Airline Seats of Airline and each Regional Airline on each **** Route, and on each **** Route shown in Schedule I, which are available to be booked by LMGC at the Special Fares on flights departing in such **** day period, plus **** PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.
(ii) all Airline Seats of Airline and each Regional Airline on such **** Route or such **** Route, as applicable, which at such time have been booked by LMGC at the Special Fares for flights departing in such **** day period,
(c) only applies during the Additional Period with respect to itineraries that meet those requirements.
Capacity Guarantee. The Contractor guarantees the Project capacity values listed in Table 1 (the “Guaranteed Capacity”) subject to any adjustments per the Capacity Test Protocol in Section 2.3. The Contractor guarantees that 100% of the Guaranteed Capacity for the Project will be achieved as demonstrated by the 5-Day Capacity Test for the Project. If the Measured Capacity is less than the Guaranteed Capacity for a project, Capacity Shortfall Liquidated Damages will apply and be calculated in accordance with Section 3.2, below. Calculation of Liquidated Damages Capacity Shortfall Liquidated Damages Calculation Contractor guarantees that, upon the conclusion of the Capacity Test described in this Appendix U and the attachments hereto conducted in accordance with the Capacity Test Procedures, Measured Capacity shall be at least equal to the Guaranteed Capacity (the “Capacity Guarantee”). Following completion of the data analysis associated with the Capacity Test, the determination of whether Contractor shall pay Owner any Capacity Shortfall Liquidated Damages, shall be based on the following calculations (a “Capacity Guarantee LD Calculation”) for the project: X = Capacity Ratio where the Capacity Ratio is calculated as follows: Measured Capacity divided by Guaranteed Capacity (defined as the Actual Pro Forma 8760 Dataset data adjusted for the Capacity Test Tolerance, see section 1.1.10) (expressed as a percentage). If X is less than 100%, Capacity Shortfall Liquidated Damages shall be payable by Contractor to Owner. The Capacity Shortfall Liquidated Damages = (100% - X) * Contract Price * 1.25 [as specified in the EPC] Contract Price Contractor shall provide a Capacity Performance Test Report to the Owner within fifteen (15) days following the test completion. Such test report shall include the Capacity Guarantee LD Calculation and shall include all supporting documentation for the calculations. Owner shall have seven (7) Business Days to review the test report and Capacity Guarantee LD Calculation. The amount due therein, if any, shall be payable by the Contractor as a condition to achieving Commercial Delivery of Power.
Capacity Guarantee. With respect to Pre-1xRTT Products furnished hereunder, Vendor guarantees embedded sector Erlang RF capacity (the "PRE-1XRTT CAPACITY GUARANTEE") according to the following table: [***]
Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved Organic Materials Processing Facility to Process all Source Separated Commercial Organic Materials Collected by Contractor under this Agreement throughout the Term of the Agreement.
Capacity Guarantee. (a) The provisions of Sections 1.3(b) and (c) below shall apply only in respect of itineraries booked by LMGC for the period on or after September 1, 2000 and LMGC acknowledges that Airline cannot commit to such capacity guarantees for itineraries prior thereto. Airline shall however use its commercially reasonable best efforts to ensure that LMGC's needs for capacity are satisfied in respect of itineraries prior thereto.
(b) Subject to Section 1.3(a), Airline shall ensure that, at all times during the Term, for each **** day period which commences at least **** days after such time, ****
(c) In addition, but again subject to Section 1.3(a), Airline shall also ensure that, at all times during the Term, for each **** day period which commences at least **** days after such time, **** **** PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.
Capacity Guarantee. Contractor will use commercially reasonable efforts 384 to secure guarantees of sufficient capacity at the Approved Organic 385 Materials Processing Facility to Process all Source Separated Organic 386 Materials Collected by Contractor under this Agreement throughout the 387 Term of the Agreement.
Capacity Guarantee. (a) Collector guarantees and shall ensure that there is sufficient facility capacity for all Organic Waste collected in the City.
(b) Collector represents that, as of the date of execution of Amendment No. 4 to this Agreement, Collector will bring Organic Waste to Grand Central Material Recovery Facility.
(c) In the event Collector intends to take Organic Waste to a different facility, Collector shall report such intention to the City in writing and shall obtain approval from the City prior to changing facilities.
Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved Recyclable 544 Materials Processing Facility to Process all Source Separated Recyclable Materials Collected 545 by Contractor under this Agreement throughout the Term of the Agreement.
Capacity Guarantee. Contractor guarantees sufficient capacity at the Approved Disposal 736 Facility to accept all Solid Waste Collected by Contractor under this Agreement throughout 737 the Term of the Agreement.
