Cogen's Right to Temporary Cure Sample Clauses

Cogen's Right to Temporary Cure. A. If after the Date of Initial Commercial operation Cogen is prevented for a period of six (6) months by Force Majeure from delivering to Exxon Steam in accordance with Article 3 from the Cogeneration Facility, Cogen, at its option, may prevent Exxon from terminating this Agreement pursuant to Article 10.5, and will be in compliance with this Agreement, by: (i) supplying Steam from temporary boilers or otherwise to Exxon's Complex, Exxon's Marketing Terminal, and Exxon's Technology Center in an amount, quality, and at a cost as provided in Articles 3 and 4; or (ii) paying to Exxon the cost of procurement and installation by Exxon of temporary boilers to supply steam to Exxon's Complex, Exxon's Marketing Terminal, and Exxon's Technology Center in an amount and quality as provided in Article 3 and paying Exxon any difference between the cost to Exxon of generating such steam and the cost Exxon would have incurred in buying Steam under Articles 3 and 4, provided that this option shall not apply unless Exxon is reasonably able to procure, install, and operate such temporary boilers; or (iii) paying to Exxon any difference between Exxon's cost for steam purchased from Public Service Electric and Gas Company (or its successor) and the cost Exxon would have incurred in buying Steam under Articles 3 and 4, from the end of the six (6) month period described in Article 10.5 until either the Force Majeure no longer prevents Cogen from delivering Steam in accordance with Article 3 from the Cogeneration Facility, or until twenty-four (24) months after Cogen gives Exxon written notice that Cogen does not intend to continue pursuant to subparagraph (i), (ii), or (iii) above. If Cogen elects to continue the Agreement in force by implementing one of the alternatives described in subparagraph (i), (ii), or (iii) above, it must give Exxon at least ninety (90) days' prior written notice to that effect and such notice must specify which alternative Cogen elects. In the event that Cogen subsequently gives Exxon such written notice that it does not intend to continue pursuant to subparagraph (i), (ii), or (iii) above, the termination of this Agreement pursuant to Article 10.5 shall be effective twenty-four (24) months after Cogen gives Exxon such written notice, or on such later date as Cogen may designate in its written notice. B. For purposes of determining the cost which Exxon would have incurred in buying Steam under Articles 3 and 4, the cost of Cogen's fuel for the Exhibi...
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Related to Cogen's Right to Temporary Cure

  • Temporary Condemnation In the event of any temporary Condemnation of any Property or Tenant’s interest therein, this Agreement shall continue in full force and effect and Tenant shall continue to pay (or cause to be paid), in the manner and on the terms herein specified, the full amount of the Rent. Tenant shall continue to perform and observe (or cause to be performed and observed) all of the other terms and conditions of this Agreement on the part of the Tenant to be performed and observed. Provided no Event of Default has occurred and is continuing, the entire amount of any Award made for such temporary Condemnation allocable to the Term, whether paid by way of damages, rent or otherwise, shall be paid to Tenant. Tenant shall, promptly upon the termination of any such period of temporary Condemnation, at its sole cost and expense, restore the affected Property to the condition that existed immediately prior to such Condemnation, in material compliance with all applicable Legal Requirements, unless such period of temporary Condemnation shall extend beyond the expiration of the Term, in which event Tenant shall not be required to make such restoration.

  • Temporary Upgrade An employee in a temporary upgrade status shall have no right to grieve or arbitrate release from such temporary upgrade status.

  • Temporary Certificates (a) Pending the preparation of definitive Certificates, upon the order of the Depositor, the Trustee shall execute and shall authenticate and deliver temporary Certificates that are printed, lithographed, typewritten, mimeographed or otherwise produced, in any authorized denomination, substantially of the tenor of the definitive Certificates in lieu of which they are issued and with such variations as the authorized officers executing such Certificates may determine, as evidenced by their execution of such Certificates. (b) If temporary Certificates are issued, the Depositor will cause definitive Certificates to be prepared without unreasonable delay. After the preparation of definitive Certificates, the temporary Certificates shall be exchangeable for definitive Certificates upon surrender of the temporary Certificates at the office or agency of the Trustee without charge to the Holder. Upon surrender for cancellation of any one or more temporary Certificates, the Trustee shall execute and authenticate and deliver in exchange therefor a like aggregate Certificate Principal Amount of definitive Certificates of the same Class in the authorized denominations. Until so exchanged, the temporary Certificates shall in all respects be entitled to the same benefits under this Agreement as definitive Certificates of the same Class.

  • Grant of Temporary Entry 1. Each Party shall grant temporary entry to business persons who comply with existing immigration measures applicable to temporary entry such as those relating to public health and safety and national security, in accordance with this Chapter and the terms and conditions of Annex 7 (Commitments for Temporary Entry for Business Persons). 2. Each Party shall limit any fees for processing applications for temporary entry of business persons so as to not unduly impair or delay trade in goods or services or the conduct of investment activities under this Agreement. 1. Further to Article 167 (Transparency) of the Chapter 13 (Transparency), and recognizing the importance to the Parties of transparency of temporary entry information, each Party shall: (a) provide to the other Party relevant materials that will enable it to become acquainted with its measures relating to this Chapter; and (b) no later than 6 months after the date of entry into force of this Agreement, make available explanatory material regarding the requirements for temporary entry under this Chapter in such a manner that will enable business persons of the other Party to become acquainted with them. 2. Each Party shall collect and maintain, and, on request, make available to the other Party in accordance with its domestic law, data respecting the granting of temporary entry under this Chapter to business persons of the other Party who have been issued immigration documentation.

  • Special/temporary right of way The Contractor shall bear all costs and charges for any special or temporary right of way required by it in connection with access to the Site. The Contractor shall obtain at its cost such facilities on or outside the Site as may be required by it for the purposes of the Project Highway and the performance of its obligations under this Agreement.

  • Temporary Roads As necessary to attain stabilization of roadbed and fill slopes of Temporary Roads, Purchaser shall employ such measures as out- sloping, drainage dips, and water-spreading ditches.

  • Temporary Policies Registry Operator shall comply with and implement all specifications or policies established by the Board on a temporary basis, if adopted by the Board by a vote of at least two-­‐thirds of its members, so long as the Board reasonably determines that such modifications or amendments are justified and that immediate temporary establishment of a specification or policy on the subject is necessary to maintain the stability or security of Registry Services or the DNS (“Temporary Policies”). 2.1. Such proposed specification or policy shall be as narrowly tailored as feasible to achieve those objectives. In establishing any Temporary Policy, the Board shall state the period of time for which the Temporary Policy is adopted and shall immediately implement the Consensus Policy development process set forth in ICANN’s Bylaws.

  • Temporary Assignments When an employee is assigned temporarily by his/her appointing authority to a job for which he/she is qualified in a higher pay grade for a period of five (5) days or his/her regular workweek, whichever is less, the employee shall be paid retroactively from the initial date of the temporary transfer for the duration of the temporary assignment. The employee shall be paid as if he/she had been promoted during such assignment. In no event may an employee acquire any status in a higher classification as a result of his/her temporary assignment. Acting capacity assignments shall not be made on an arbitrary or capricious basis. Employees shall not be rotated in acting capacity in an arbitrary or capricious manner in order to avoid payment of acting capacity pay. This Article shall not be used in lieu of the proper processing of any request for reclassification or reallocation of a position pursuant to the Personnel Rules and the Reclassifications Article, or the filling of a vacancy pursuant to the Personnel Rules and the Seniority Article.

  • Temporary Layoff The Employer may temporarily layoff an employee for up to ninety (90) days due to an unanticipated loss of funding, revenue shortfall, lack of work, shortage of material or equipment, or other unexpected or unusual reasons. An employee will normally receive seven (7) days notice of a temporary layoff.

  • Pay on Temporary Assignment An employee temporarily assigned by the Employer to a position with a rate of pay lower than her regular rate of pay shall maintain her regular rate of pay.

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