Capacity Reservation. The Developer/Owner agrees, acknowledges, and accepts that the reservation of capacity is subject to the terms of the Engineer Letter of Findings (ELF) of which capacity may be dedicated permanently to the development provided:
a. All necessary water/sewer construction, as determined by the Town, has been completed, accepted, and dedicated to the Town of Xxxxxxxx’x Station to accommodate the reservation of Wastewater capacity as provided in the Engineer Letter of Findings (ELF);
b. All necessary construction submissions, as determined by the Town Staff, have been submitted by the Developer/Owner;
c. All required payments have been submitted by the Developer/Owner to the Town pursuant to Town code, ordinance and/or Land Development Ordinance (LDO);
d. The Developer/Owner acknowledges, agrees, and accepts that the Town shall determine the assignment of reservation of capacity based on the Engineer Letter of Findings (ELF), the Town code, ordinance, the LDO, and the compatibility of available taps.
e. The reservation of wastewater capacity shall be based on the date of the entry of this Agreement, and subject to all prior commitments to and by the Town, and as provided herein.
Capacity Reservation. Capacity reserved in the River Authority System for the Tract in accordance with the terms of this Agreement, expressed as EDUs for planning and tracking purposes and in the amount specified in this Agreement.
Capacity Reservation. KENTUCKY per FaPcUilBityLICshSaEllRnVoItCeExCcOeeMdM, aISndSION Xxxxx X. Xxxxxxxx Executive Directorss o
3.1 The Total Capacity Reservation for the Kimper Facility contracted for by the Customer is hereby initially fixed at 15,000 kW. The Customer may request a change to the Total Capacity Reservation for the Kimper Facility by providing written notice to the Company six months in advance of the date the requested change is proposed to be effective. The Parties may reduce the six-month written notice requirement by mutual written agreement. Any change to the Total Capacity Reservation for the Kimper Facility is subject to conditions as determined by the Company, such as the availability and cost of incremental Capacity from the Company, and to the receipt of any necessary regulatory approvals. f, the Total Capacity
3.2 The Customer’s Metered Demand for the Xxx the Company shall not be required to supply capacity in exce Reservation for the Kimper Facility as specified in paragraph 3.1 except by mutual written agreement of the Parties.
3.3 The Customer’s Metered Demand for the Kimper Facility shall be separately determined each month as the highest of either the On-Peak Demand or the Off-Peak Demand. The On-Peak Demand during each month is the single highest 15-minute integrated peak in kW as registered by a demand meter during the On-Peak Period. The Off-Peak Demand during each month is the single highest 15-minute integrated peak in kW as registered by a demand meter during the Off-Peak Period.
Capacity Reservation. Upon approval of this Preliminary Plat attached as Exhibit H and the execution of the Proportionate Fair Share Agreement, all necessary roadway capacity for the full development of the Property as outlined in the Studies shall be reserved by the City. The capacity reservation shall remain in effect until the expiration of this Agreement, or until December 31, 2025, whichever occurs sooner. Any amendment to the Property which increases the traffic impacts of the Project beyond those identified in the Studies shall require additional concurrency review and mitigation may be required for the increased impacts.
Capacity Reservation. In Year 2021 of this Agreement, Patheon will use the Rolling Forecast to reserve its manufacturing capacity in Year 2022 for Product by reference to the Rolling Forecast provided on December 1, 2021. In all subsequent Years, Patheon will reserve its manufacturing capacity by reference to the Rolling Forecast applicable at October 1 of the previous Year. The relevant forecast for each Year will be referred to as the “Yearly Forecast Volume.” Client agrees to purchase and Patheon agrees to provide [***] and the Yearly Forecast Volume will not be less than [***]. 17 CFR 240.24b-2, confidential information has been omitted in places marked “[***]” and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application filed with the Commission. At the end of each Year beginning in 2022, if the aggregate actual volume of Product ordered by Client with a confirmed Release Date within the Year, taking into account any Product paid for but not ordered, (“Actual Yearly Volume”) is less than [***] of the Yearly Forecast Volume, [***]. But if the Actual Yearly Volume is less than [***] of the Yearly Forecast Volume, [***]. The respective amount will calculated as follows: [***] If the quantity of Product requested by Client in a Year (in purchase orders received by Patheon) exceeds the Yearly Forecast Volume for that Year, Patheon will use commercially reasonable efforts to supply the additional Product volumes. Patheon will not be considered to have accepted any purchase order for additional Product volumes without written confirmation.
Capacity Reservation. (a) In contemplation of future requirements, Company reserves 12,200 Barrels per Day of capacity (the “Wood River Reserved Capacity”) from the Origin Point at the Wood River Refinery to the Terminal, in addition to the 43,000 Barrels per Day of capacity included within the Minimum Wood River Quarterly Transportation Commitment (such 43,000 Barrels per Day of capacity, the “Wood River Base Capacity”), in consideration for which Company shall pay to Carrier a Monthly fee (the “Wood River Reservation Fee”) equal to (i) 12,200 Barrels per Day multiplied by the then-applicable Tariff Rate multiplied by (ii) the number of Days in the relevant Month. Carrier may offer transportation services to third parties on this pipeline segment in any capacity in excess of the Wood River Base Capacity (such excess, including the Wood River Reserved Capacity, the “Wood River Surplus Capacity”) on an interruptible basis. In the event of apportionment, all capacity, including the Wood River Base Capacity and the Wood River Surplus Capacity, will be allocated in accordance with the Carrier’s prorationing policy.
(b) In contemplation of future requirements, Company reserves 39,200 Barrels per Day of capacity (the “Hartford Reserved Capacity”) from the Origin Point at the Terminal to Explorer, in addition to the 16,000 Barrels per Day of capacity included within the Minimum Hartford Quarterly Transportation Commitment (such 16,000 Barrels per Day of capacity, the “Hartford Base Capacity”), in consideration for which Company shall pay to Carrier a Monthly fee (the “Hartford Reservation Fee”) equal to (i) 39,200 Barrels per Day multiplied by the then-applicable Tariff Rate multiplied by (ii) the number of Days in the relevant Month. Carrier may offer transportation services to third parties on this pipeline segment in any capacity in excess of the Hartford Base Capacity (such excess, including the Hartford Reserved Capacity, the “Hartford Surplus Capacity”) on an interruptible basis. In the event of apportionment, all capacity, including the Hartford Base Capacity and the Hartford Surplus Capacity, will be allocated in accordance with the Carrier’s prorationing policy.
(c) Company may convert all or part of the Wood River Reserved Capacity to incremental Wood River Base Capacity, or may convert all or part of the Hartford Reserved Capacity to incremental Hartford Base Capacity, at the commencement of any Calendar Quarter upon 30 Days’ Notice. Whenever the Wood River Base Capacity or...
Capacity Reservation. 6.1 Geely Party shall introduce necessary general and special equipment on time according to the plan from development to production of the three Lotus models. When the production capacity cannot meet the sales demand, Geely Party shall promptly expand the plant and equipment to ensure the delivery quantity and quality (however, if the delivery quantity and quality are not met due to reasons other than Geely Party, Geely Party shall not be liable therefor). When the original planned production capacity cannot meet the sales demand, Lotus Party and Geely Party should jointly evaluate and confirm whether to expand the plant and equipment, and the resulting production costs that need to be borne by Lotus should be paid to Geely on a lump-sum basis, and the costs of other assets (land, plant, equipment and other supporting facilities) should be amortized to the cost of each vehicle under the principle of dedicated use and shared use.
6.2 Lotus shall have the priority to use the spare capacity of Geely’s factory.
Capacity Reservation. 8.1 In the event that the capacity reservation provided in Section 6.1 of this Agreement is ruled to be invalid or illegal, the City shall have no obligation to reserve the capacity reserved by that illegal or invalid fee. At the City’s option however, it may retain this Agreement and charge any fees or charges deemed valid and lawful at that time, or implement valid and legal charges pursuant to a new ordinance without interruption to capacity reservations for Developer. Once such new ordinance is passed, the parties agree to automatically implement the new, lawful and valid capacity fee pursuant to the terms of this Agreement as if that charge was included herein from the inception
Capacity Reservation. Lonza shall reserve capacity to manufacture the Minimum Quantity agreed between the Parties plus [***] per applicable calendar year during the Term of the Agreement, starting in 2019 (“Capacity Reservation”).
Capacity Reservation. Subject to Section 7 and the Return Flow Management Agreement, the Cities shall reserve for TRIGID and commit to deliver TMWRF Supply in the maximum amount of the Capacity Reservation. The Cities acknowledge that the maximum amount of the Capacity Reservation will not be utilized for some time. The demand will ramp up over time as TRIGID Customers commence operation of facilities using non-potable Process Water. TRIGID can only accept the amount of TMWRF Supply its TRIGID Customers can utilize. If TRIGID has sufficient TRIGID Customer demand in the future to use more than 4,000 acre feet, TRIGID may request the Cities increase the Capacity Reservation and the Cities shall decide, in their sole discretion, whether to commit and deliver additional TMWRF Supply above the Capacity Reservation.
