Capex Plan Sample Clauses

Capex Plan. Notwithstanding anything to the contrary in Section 6.1, from and after the date hereof until the Closing, Seller Parent shall, and shall cause the other Sellers and the Transferred Entities to, make Capex relating to the Business as described in, and in accordance with (including as to amount and timing), the Capex Plan; provided, however, that Seller Parent and its Affiliates will be entitled to deviate from the Capex Plan only if, in Seller Parent’s reasonable judgment, and upon prior written notice to Purchaser together with reasonable supporting documentation, increases or decreases in the amount and timing of any Capex to be made in accordance with the Capex Plan are required to maintain the long-term viability of the Business if Closing were to fail to occur. Seller Parent shall meet with Purchaser from time to time as Purchaser may reasonably request, upon reasonable advance notice and during regular business hours, to provide Purchaser with such information as Purchaser may reasonably request, with respect to the status of the Capex Plan. Without prejudice to the foregoing, if Capex actually incurred by the Business during the period beginning on January 1, 2013 and ending on December 31, 2013 (inclusive) is less than the 2013 Scheduled Capex Amount (the amount of such difference, a “2013 Capex Shortfall”), Seller Parent shall, or shall cause its Affiliates to, as applicable, incur capital expenditures in an amount equal to the 2013 Capex Shortfall as promptly as practicable (and in any event prior to Closing), and such additional capital expenditures, as and when made, shall be deemed to cure any such 2013 Capex Shortfall (but, for the avoidance of doubt, such additional capital expenditures shall not be deemed to be or be applied toward Spent Capex).
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Capex Plan. The Provider will provide to the Commission by 1 March 2010 a draft capital expenditure plan for the next 3 years from 1 July 2010 that meets the requirements of clause 5 of this Schedule (such plan, including each update, being the “Capex Plan”).
Sample 1
Capex Plan. (i) At the Closing, the Concessionaire shall deliver to the Authority a preliminary asset management plan for the System for the period running from the Closing until the first anniversary thereof which plan shall include the Major Capital Improvements and any other capital improvements that are necessary for the performance of the System Operations in accordance with the Operating Standards and Prudent Industry Practices during such period (the “First-Year Capex Plan”). Following the Closing Date, the Concessionaire shall develop, in consultation with the Authority, an initial five-year asset management plan for the System which shall include the Major Capital Improvements and any other capital improvements that are necessary for the performance of the System Operations in accordance with the Operating Standards and Prudent Industry Practices (the “Five-Year Capex Plan” and, collectively with the First-Year Capex Plan, the “Capex Plan”). The Five-Year Capex Plan shall initially include the Major Capital Improvements, as needed. A pro forma example of an initial Five-Year Capex Plan is attached hereto as Schedule 7. Implementation and timing of the works described in the Capex Plan shall be carried out in accordance with the Operating Standards based upon the asset management programs to be developed in accordance with the Operating Standards. The Capex Plan shall: (A) be developed on the basis of regulatory and industry standards pursuant to which assets are evaluated and catalogued based on condition, criticality, cost, risk of failure and consequence of failure; (B) prioritize maintenance and capital expenditures so as to extend the useful life of the System and the components thereof; and (C) include an outline of the work anticipated to be carried out and an estimate of the costs associated with such works. Each Capex Plan shall be considered by the Authority within 30 days of its submission and shall be subject to the Approval of the Authority, which Approval shall not be unreasonably conditioned, delayed or withheld. (ii) The Concessionaire shall deliver a copy of the Five-Year Capex Plan developed in accordance with this Section 4.1(b) to the Authority no later than the date falling 60 days after the first anniversary of the Closing Date. (iii) The Concessionaire shall update the Five-Year Capex Plan and submit such updated plan to the Authority for review and comment (i) no later than 60 days prior to the end of each full Reporting Year ending aft...
Sample 1

Related to Capex Plan

  • Meal Plan 18. Residents are required to purchase a meal plan for both semesters. Refer to xxx.xxxxxxxx.xx/xxxx for details on meal plan rates. Residents may contract for a meal plan of a higher value than stipulated in the fee schedule. 19. The meal plan may only be used to purchase food and beverages at Food Service outlets designated by the University. Meal plans cannot be used to purchase alcohol or gift certificates from any of our Off Campus Partners or to pay any other fees owed to the University of Windsor. 20. Selling of unused meal plan money is not permitted. 21. The University accepts no liability for lost, misplaced or stolen student cards and reserves the right to confiscate without recourse, any student card which bears evidence of alterations. 22. Any unused balance remaining in the meal plan accounts of the Resident on the termination date of this Agreement, will be subject to the University of Windsor Meal Plan Carry-Forward Policy. 23. Residents may add money to their meal plan at the Food Services office, J01 in Vanier Hall or the UwinCard Office in the CAW Student Centre (lower level). 24. The meal plan account is HST exempt on most purchases made at Food Service outlets on campus, except on taxable items at the Bru in Alumni Hall or with our Off Campus Partners. This is a current meal plan tax policy and is subject to change in accordance with provincial or federal legislation. 25. Meal plan fees or hours of operation are subject to change as deemed necessary or when due to circumstances beyond Food Services' control. The University reserves the right to increase or otherwise change the prices of items available for purchase in its Food Service outlets. Residents will be given reasonable notice of changes to the plan and such changes will be made fairly and in due consultation with student representatives.

  • Meal Plans Residents living in Residence Facility are required to purchase a College meal plan. Information regarding the meal plan options can be found at xxx.xxx.xxx/xxxxxxx.

  • Profit Sharing Plan Under the Northrim BanCorp, Inc. Profit Sharing Plan (the “Plan”), Executive shall be eligible to receive an annual profit share based on performance as defined by the Board of Directors. Executive will be classified in the Executive tier under the Plan’s Responsibility Factors. If Employer is required to prepare an accounting restatement due to “material noncompliance of the Employer,” the Employer will recover from the Executive any incentive compensation during the three (3) years prior to the date of the restatement, in excess of what would have been paid under the restatement. Executive’s signature on this Agreement authorizes Employer to offset or deduct from any compensation Employer may owe Executive, any excess payments (in whole or in part) that Executive may owe Employer due to such restatement(s).

  • VACATION PLAN 2 All employees in the bargaining unit shall earn paid vacation time 3 under this Article. Vacation benefits are earned on a fiscal year 4 basis--July 1 to June 30. 5 8.1 Unit members are entitled to vacation with pay at the rates 6 to be found in the following schedule: 7 8.1.1 . 83 of a day for each month worked during the first 8 three (3) years.

  • Annual Plan On or before November 1 of each calendar year during the Term, Manager shall prepare and submit to Owner for its approval a proposed annual plan for the promotion, operation, leasing, repair and maintenance of the Project for each calendar year (the "Proposed Annual Plan"). For purposes of this Agreement, a "Fiscal Year" shall mean a calendar year beginning on the first day of January and ending on the last day of December. The Annual Plan for the remaining portion of Fiscal Year 2003 is attached hereto as Exhibit "A".

  • Business Plan The Lenders shall have received a satisfactory business plan for fiscal years 1999-2006 and a satisfactory written analysis of the business and prospects of the Borrower and its Subsidiaries for the period from the Closing Date through the final maturity of the Term Loans.

  • Leave Plan Effective April the Hospital agrees to introduce a leave program, funded solely by the nurse, subject to the following terms and conditions:

  • 125 Plan The Board will maintain a Section 125 plan for premiums only in addition to a flexible account that includes eligible medical expenses and dependent care expenses with participating employees paying whatever the administrative charge is to run the 125 Plan.

  • Savings Plan Executive will be eligible to enroll and participate, and be immediately vested in, all Company savings and retirement plans, including any 401(k) plans, as are available from time to time to other key executive employees.

  • Defined Contribution Plan The Employer will establish the following Employer contribution programs in the existing salary deferral plans: » Beginning in 2006 and continuing throughout the term of the Agreement, a performance-based contribution

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