Description of the Nonconforming Language Sample Clauses

Description of the Nonconforming Language. As mentioned above, the Great Bay Solar ISA contains nonconforming language and a schedule of charges in Schedule E. First, section 6.3 provides that failure by the Interconnection Customer to satisfy the milestone dates for commercial operation (without an extension or suspension) shall not be considered a default of the Great Bay Solar ISA, but at the sole discretion of PJM may result in a reduction in the total Interconnection Service provided under the Great Bay Solar ISA and the PJM Tariff to the total installed capability and a reduction in Capacity Interconnection Rights. These provisions are just and reasonable and the Commission has previously accepted for filing agreements with similar nonconforming language.7 Second, section 2.1 of the Specifications provides for 57 MW of Capacity Interconnection Rights on an interim basis during the time period from June 26, 2015 to May 31, 2018 (the “interim time period”). Any interim Capacity Interconnection Rights awarded during the interim time period will be dependent upon the completion and 6 Schedules D and E in Attachment A indicate that some of the language in those schedules have been revised; however, the two sets of schedules are identical.
Sample 1
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Description of the Nonconforming Language. The last paragraph of Schedule C to the Meadow Lake VI ISA includes non- standard terms and conditions stating: Any discrepancies or data errors associated with any data submission for settlement purposes by or on behalf of Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and Meadow Lake V to Transmission Provider, any inaccurate payment(s) by Transmission Provider to Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and 10 Additionally, as shown on Schedule B and Schedule F paragraph A.2 to the Meadow Lake VI ISA, the Shared Facilities include an approximately 6.5-mile 345 kV radial line jointly owned by Meadow Lake VI, Meadow Lake IV, and Meadow Lake V. Xxxxxxxx X. Xxxx, Secretary October 10, 2018 Meadow Lake V based on an erroneous data submission by or on behalf of Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and Meadow Lake V to Transmission Provider, and any disputes between Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and/or Meadow Lake V associated with any discrepancy or error in meter data, shall be resolved solely between the Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and/or Meadow Lake V, as relevant. This language has been included because there are four Interconnection Customers behind the same Point of Interconnection that individually may be participating in the PJM markets. Consequently, Schedule C provides that, for settlement purposes, Meadow Lake I, Meadow Lake IV, Meadow Lake V, and Meadow Lake VI individually will be responsible for submitting pro rata metering data for their own Customer Facilities and PJM shall pay each Interconnection Customer based solely on such data. 11 Because the Interconnection Customers are responsible for submitting their own pro rata data, and PJM is relying solely on that data for payments to each Interconnection Customer, it is reasonable and appropriate that any errors in payment by PJM to the Interconnection customers based on inaccurate submitted data be resolved between the Interconnection Customers. This language is also consistent with the nonconforming provision in paragraph A.4 of Schedule F of the Meadow Lake VI ISA, which states that “all issues . . . regarding invoices, disbursements, operations, maintenance, liability and all other matters related to their respective Customer Facilities or the Shared Facilities shall be resolved between the Meadow Lake I/IV/V/VI Parties.” The Commission previously has accepted 11 Sc...
Sample 1

Related to Description of the Nonconforming Language

  • Inspection and Rejection of Nonconforming Goods The Buyer has the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (a) rescind the Order in its entirety; (b) accept the Goods at a reasonably reduced price; or (c) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 19. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller's obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.

  • LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Review of legality and data minimisation (a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e). (b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

  • Description of Goods or Services and Additional Terms and Conditions The Contractor shall perform as set forth in Exhibit A. For purposes of this Contract, to perform and the performance in Exhibit A is referred to as “Perform” and the “Performance.”

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  • Description of the service 10.1.1 Automatic transfer service implies a transfer by the bank of the funds from the client’s account without further consent of the client, on the basis of fixed amount determined by the client in its application form or of information provided by the client’s creditor to the bank on the client’s debt. 10.1.2 The parties agree that the payment order created (generated) by the bank for the purposes of automatic transfer services shall have the legal force equal to the document having been printed on the paper and executed by the person(s) authorized to manage of the account. 10.1.3 The bank shall carry out the automatic transfer services in accordance with requirements and conditions stipulated in this agreement, the application on registration for automatic transfer service and the sources disseminated by the bank. 10.1.4 For the purposes of obtaining automatic transfer services the client shall apply to the bank with the application as per paragraph 1.2 of this agreement.

  • Material Safety Data Sheet Seller shall provide to Buyer with each delivery any Material Safety Data Sheet applicable to the work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder or its State approved counterpart.

  • Removal of Materials If you decide you would like to remove your Materials from the Service, you may provide written notice to Prime Publishing by either deleting the image through the Prime Publishing interface or by contacting Prime Publishing customer service, and Prime Publishing will remove such Materials from the Service within a reasonable period of time. 5) License for Name, Trademarks and Likenesses. You hereby grant to Prime Publishing, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant Prime Publishing, its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials. 6) Specifications and Guidelines. You agree to submit Materials to us in accordance with all guidelines for use of the Service posted on the Prime Publishing web site or of which you are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future. 7)

  • ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made.

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