CONSTRAINTS ON THE AVAILABILITY OF WATER Sample Clauses

CONSTRAINTS ON THE AVAILABILITY OF WATER. 6 5. In a Critical Year, the Contractor shall have the option to:
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CONSTRAINTS ON THE AVAILABILITY OF WATER. 21 5. (a) In a Critical Year, the Contractor’s Base Supply and Project Water agreed 22 to be diverted during the period April through October of the Year in which the principal portion 1 of the Critical Year occurs and, each monthly quantity of said period shall be reduced by
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CONSTRAINTS ON THE AVAILABILITY OF WATER. (1) In its operation of the Project, the Contracting Officer will use all reasonable means to guard against a condition of shortage in the quantity of water to be made available to the Contractor pursuant to this Contract. In the event the Contracting Officer determines that a condition of shortage appears probable, the Contracting Officer will notify the Contractor of said determination as soon as practicable. 1This language may be modified to state Reclamation’s selected method of payment.
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CONSTRAINTS ON THE AVAILABILITY OF WATER. 661 12. (a) In its operation of the Project, the Contracting Officer will use all 662 reasonable means to guard against a Condition of Shortage in the quantity of water to be made 663 available to the Contractor pursuant to this Contract. In the event the Contracting Officer 666 (b) If there is a Condition of Shortage because of errors in physical operations 667 of the Project, drought, other physical causes beyond the control of the Contracting Officer or 668 actions taken by the Contracting Officer to meet legal obligations then, except as provided in 669 subdivision (a) of Article 18 of this Contract, no liability shall accrue against the United States or 670 any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom.
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CONSTRAINTS ON THE AVAILABILITY OF WATER. 2 5. (a) In a Critical Year, the Contracting Officer reserves the right to reduce the 4 the Sacramento River not in excess of 75 percent of the Contract Total shown on Exhibit A, subject 5 to the installation of measurement equipment satisfactory to the Contracting Officer. The Contractor 6 shall install, operate, and maintain this equipment at the Contractor’s expense. The Contractor shall 7 submit, by April 1 of that Critical Year, a written schedule to the Contracting Officer indicating the 8 Contract Total to be diverted by the Contractor during each month of that Critical Year under this
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CONSTRAINTS ON THE AVAILABILITY OF WATER. 210 5. In a Critical Year, the Contractor shall have the option to: 211 (a) Irrigate not in excess of 75 percent of their irrigable acreage shown on 212 Exhibit A; or 213 (b) Divert from the Sacramento River not in excess of 75 percent of the 214 Contract Total shown on Exhibit A, subject to the installation of measurement equipment 215 satisfactory to the Contracting Officer. The Contractor shall install, operate, and maintain this 216 equipment at the Contractor’s expense. The Contractor shall submit, by April 1 of that Critical 217 Year, a written schedule to the Contracting Officer indicating the Contract Total to be diverted 218 by the Contractor during each month of that Critical Year under this Settlement Contract. 219 (c) The amount of any overpayment by the Contractor shall, at its option, be 220 refunded or credited upon amounts to become due to the United States from the Contractor under 221 the provisions hereof in the ensuing Year. To the extent of such deficiency such adjustment of 222 overpayment shall constitute the sole remedy of the Contractor. 223 INTEGRATED WATER MANAGEMENT AND PARTNERSHIPS 224 6. The Contractor and United States desire to work together to maximize the 225 reasonable beneficial use of water for their mutual benefit. As a consequence, the United States 226 and the Contractor will work in partnership and with others within the Sacramento Valley, 227 including other Contractors, to facilitate the better integration within the Sacramento Valley of 228 all water supplies including, but not limited to, the better management and integration of surface 229 water and groundwater, the development and better utilization of surface water storage, the 230 effective utilization of waste, seepage and return flow water, and other operational and 231 management options that may be identified in the future.
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CONSTRAINTS ON THE AVAILABILITY OF WATER. 626 12. (a) In its operation of the Project, the Contracting Officer will use all 627 reasonable means to guard against a Condition of Shortage in the quantity of water to be made 628 available to the Contractor pursuant to this Contract. In the event the Contracting Officer 629 determines that a Condition of Shortage appears probable, the Contracting Officer will notify the 630 Contractor of said determination as soon as practicable. 631 (b) If there is a Condition of Shortage because of errors in physical operations 632 of the Project, drought, other physical causes beyond the control of the Contracting Officer or 633 actions taken by the Contracting Officer to meet legal obligations then, except as provided in 634 subdivision (a) of Article 18 of this Contract, no liability shall accrue against the United States or 635 any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom. 636 (c) Omitted. 637 (d) Project Water furnished under this Contract will be allocated in 638 accordance with the then-existing Project M&I Water Shortage Policy. Such policy shall be 639 amended, modified, or superceded only through a public notice and comment procedure. 640 (e) By entering into this Contract, the Contractor does not waive any legal 641 rights or remedies it may have to file or participate in any administrative or judicial proceeding 642 contesting (i) the sufficiency of the manner in which any Project M&I Water Shortage Policy 643 adopted after the effective date of this Contract was promulgated; (ii) the substance of such a 644 policy; or (iii) the applicability of such a policy. By agreeing to the foregoing, the Contracting 645 Officer does not waive any legal defenses or remedies that it may then have to assert in such a 646 proceeding. 647 UNAVOIDABLE GROUNDWATER PERCOLATION 648 13. Omitted. 649 RULES AND REGULATIONS 650 14. The parties agree that the delivery of Project Water or use of Federal facilities 651 pursuant to this Contract is subject to Federal Reclamation law, as amended and supplemented, 652 and the rules and regulations promulgated by the Secretary of the Interior under Federal 653 Reclamation law. 654 WATER AND AIR POLLUTION CONTROL
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CONSTRAINTS ON THE AVAILABILITY OF WATER. 8 5. (a) In a Critical Year, the Contractor’s Base Supply and Project Water 9 agreed to be diverted during the Year shall be reduced by twenty-five percent.
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Related to CONSTRAINTS ON THE AVAILABILITY OF WATER

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • System Availability System Availability percentage is calculated as follows:  Total MinutesintheMonth −Downtime   System Availability%age =  Total MinutesintheMonth *100    System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. PART 2 - ENGAGEMENT

  • Non-Availability of Funds Every payment obligation of the State under this Charter is conditioned upon the availability of funds continuing to be appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Charter, the Commission may terminate this Charter at the end of the period for which funds are available. No liability shall accrue to the Commission, nor the State, or any of its subdivisions, departments or divisions, in the event this provision is exercised, and neither the Commission nor the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

  • Availability of Service We will use reasonable efforts to make the Service available for your use on a continuous basis. The Service may be unavailable for short periods of time for regular or emergency system maintenance. We will endeavor to have our scheduled maintenance occur during non-peak hours. In addition, accessibility to the Service may be interrupted because of conditions beyond our control, including outages in Internet, cellular or other communications availability. We will use diligent efforts to re-establish the Services as promptly as possible. We do not promise the Service will always be available for your use. We may elect to discontinue this Service at any time. If we choose to discontinue the Service, we will provide you with reasonable notice in advance of that fact. We reserve the right at all times to take actions to protect our systems and information, including denial of access to users of the Service.

  • Determining the Availability of a Deposit The length of the delay is counted in business days from the day of your deposit. The length of delay varies depending on the type and manner of deposit. For determining the availability of funds deposited to your Accounts, for purposes of the Funds Availability Policy, every day is a business day, except Saturdays, Sundays, and federal holidays. All times provided below are Pacific Time. If you make a deposit directly to a teller on a business day while we are open for business (generally 6:30 a.m.-6:30 p.m.), that day is the day of your deposit. If you place your deposit in a Lobby Express Box in Tukwila Financial Center or Xxxxxxx Financial Center before 4 p.m., that day is the day of your deposit. If you place your deposit in a Lobby Express Box in Tukwila Financial Center or Xxxxxxx Financial Center after 4 p.m., the next business day will be the day of your deposit. If you make a deposit at a BECU-owned ATM (displaying our “BECU” logo) or to a teller at a shared branch location before 3 p.m. on a business day, that day will be the day of your deposit. If you make your deposit after 3 p.m. or on a day that is not a business day, the next business day will be the day of your deposit. If you make a deposit at a drop box, a non-BECU-owned ATM, or by mailing it to us through the United States Postal Service (USPS), the day of the deposit will be the business day we process your deposit in our processing center. If you make an Online Deposit or Mobile Deposit before 7 p.m. on a business day, that day will be the day ofyour deposit. If you make your deposit after 7 p.m. on a business day, or on a day that is not a business day, the next business day will be the day of or your deposit. Any deposited check, cashier’s check, draft, or money order that is drawn on a bank outside of the U.S or is issued in any currency other than U.S. dollars (Foreign Item) is exempt from this Funds Availability Policy. Availability of funds from deposited Foreign Items will be delayed for the time it takes us to collect the funds from the paying financial institution and may take anywhere from several weeks to several months before such deposits will be made available to you.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • DNS service availability Refers to the ability of the group of listed-­‐as-­‐authoritative name servers of a particular domain name (e.g., a TLD), to answer DNS queries from DNS probes. For the service to be considered available at a particular moment, at least, two of the delegated name servers registered in the DNS must have successful results from “DNS tests” to each of their public-­‐DNS registered “IP addresses” to which the name server resolves. If 51% or more of the DNS testing probes see the service as unavailable during a given time, the DNS service will be considered unavailable.

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