Customer Right to Reject Liquefaction Units Sample Clauses

Customer Right to Reject Liquefaction Units. In the event Customer notifies ELC after the In-Service Deadline Date that the In-Service Date for any Liquefaction Unit has not been achieved as set forth above in Section 5.01(e), and the In-Service Date for any Liquefaction Unit is not achieved prior to the date that is sixty (60) Months after the last Day of the applicable Fourth Start-Up Window (“Final In-Service Deadline Date”), Customer may in its sole discretion elect to reject such Liquefaction Unit by delivering notice of such rejection to ELC, and the LDQ and Performance Standards shall be amended to reflect the reduction of the Liquefaction Unit. With respect to any Liquefaction Unit after the First In-Service Date has been achieved, in the event Customer gives such notice that the Final In-Service Deadline Date is not achieved and the primary cause for such inability to meet the Final In-Service Deadline Date is because of the failure of ELC to perform as a Reasonable and Prudent Operator or because of the negligence of its EPC or FEED Contractor then the costs associated with the individual Liquefaction Unit for which the Final In-Service Deadline Date has not been achieved shall not be included in the gross plant in the reservation fees set forth in Exhibit D hereto. With respect to any Liquefaction Unit after the First In-Service Date has been achieved , in the event Customer has elected under Section 5.04(e) above not to incur the necessary capital costs to meet the Final In-Service Deadline Date or the primary cause for such inability to meet the Final In-Service Deadline Date is because of the failure, flaw or defect by the Liquefaction Unit manufacturer or its vendor to meet the design specifications set forth in the Basis for Design, then the costs associated with the individual Liquefaction Unit for which the Final In-Service Deadline Date has not been achieved shall remain in the gross plant in the reservation fees set forth in Exhibit D hereto less any applicable refunds or reimbursements or insurance proceeds received by ELC.
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Customer Right to Reject Liquefaction Units

  • Right to Refuse to Cross Picket Lines (a) All employees covered by this Agreement shall have the right to refuse to cross a picket line arising out of a dispute as defined in the appropriate legislation. Any employees failing to report for duty shall be considered to be absent without pay. (b) Failure to cross a picket line encountered in carrying out the Employer's business shall not be considered a violation of this Agreement nor shall it be grounds for disciplinary action.

  • Right to Reject Investment In contrast, we have the right to reject your subscription for any reason or for no reason, in our sole discretion. If we reject your subscription, any money you have given us will be returned to you.

  • Right to Refuse Unsafe Work Employees have the right to refuse to perform unsafe work pursuant to the Occupational Health and Safety Regulations of the Workers Compensation Act.

  • Right to Refuse Dangerous Work An employee shall have the right to refuse to work in dangerous situations.

  • Right to Reject Orders or Cancel Sales All orders, whether initial or additional, are subject to acceptance by and shall only become effective upon confirmation by the Company, which reserves the right to reject any order. Orders not accompanied by an executed Subscription Agreement and the required check or wire transfer in payment for the Shares may be rejected. Issuance and delivery of the Shares will be made only after actual receipt of payment therefor. If any check is not paid upon presentment, or if the Company is not in actual receipt of clearinghouse funds or cash, certified or cashier’s check or the equivalent in payment for the Shares within 15 days of sale, the Company reserves the right to cancel the sale without notice. In the event an order is rejected, canceled or rescinded for any reason, the Dealer agrees to return to the Dealer Manager any commission theretofore paid with respect to such order.

  • Right to Reject The Department reserves the right to accept or reject all proposals, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so shall serve the Department’s best interests. The Department may reject any proposal not submitted in the manner specified by the solicitation documents.

  • Right to Opt Out If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked within thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or cardholder status.

  • License to Customer Vendor grants to Customer, a perpetual, irrevocable, royalty free license, solely for the Customer’s internal business purposes, to use, copy, modify, display, perform (by any means), transmit and prepare derivative works of any Vendor IP embodied in or delivered to Customer in conjunction with the Work Product. The foregoing license includes the right to sublicense third parties, solely for the purpose of engaging such third parties to assist or carryout Customer’s internal business use of the Work Product. Except for the preceding license, all rights in Vendor IP remain in Vendor.

  • Right to Seek Assurance The Transfer Agent may refuse to transfer, exchange or redeem shares of the Fund or take any action requested by a shareholder until it is satisfied that the requested transaction or action is legally authorized or until it is satisfied there is no basis for any claims adverse to the transaction or action. It may rely on the provisions of the Uniform Act for the Simplification of Fiduciary Security Transfers or the Uniform Commercial Code. The Company shall indemnify the Transfer Agent for any act done or omitted to be done in reliance on such laws or for refusing to transfer, exchange or redeem shares or taking any requested action if it acts on a good faith belief that the transaction or action is illegal or unauthorized.

  • Owner’s Right to Stop Work The Owner reserves the right, for itself and for any designated Construction Inspector retained by Owner, upon observation of apparent nonconforming Work, to immediately stop the affected Work. If the Work is later determined by the Design Professional to be in fact conforming Work, then Contractor shall be entitled upon timely claim to a Change Order for payment by Owner of any reasonable Actual Costs actually incurred by Contractor in connection with the stop Work order and resumption of the Work, as well as an extension in the time for performance of the Work to the extent Contractor is delayed by Owner's stop Work order. The Design Professional shall determine the time, which shall be binding upon both Owner and Contractor, as set forth in Section 3, Part 3.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!