DISCHARGE CAPACITY ASSURANCE Sample Clauses

DISCHARGE CAPACITY ASSURANCE. In the event that the Districts are unable to, in good faith and upon the submission and prosecution of a TPDES permit modification submittal that meets all legal requirements and restrictions, secure the TPDES permit modification referenced in Section 2(a) above, in whole or in part, City and GBRA hereby acknowledge and agree that City and GBRA will take all necessary actions, at their sole cost and expense, including without limitation relocating all or a portion of City’s, GBRA’s or the Districts’ discharge facilities to another receiving waterbody or a different segment of the same waterbody (the “Necessary Actions”), if necessary to secure a substitute TPDES permit allowing for the Districts’ (or successor in interest) discharge of up to 2.3 MGD total, with the understanding that the City and GBRA acknowledge and agree that the Districts have the first right to discharge 2.3 MGD into the Waterway. If the Districts’ permit(s) to discharge 2.3 MGD is not issued or is reduced after issuance, then the City and GBRA shall request the City’s TPDES permit be modified and reduced until such time that the Districts’ TPDES permit for 2.3 MGD has been issued. City and GBRA shall pursue said actions in good faith and with all possible haste acknowledging that time is of the essence to the Districts in said permit authorization. In the event that the Districts’ TPDES permit modification is not obtained within two (2) years of the Effective Date of this Agreement as a result of the City’s and/or GBRA’s increased TPDES discharge authorization, the scope of the Discharge Easement shall be limited to one (1) MGD average discharge (and corresponding percentage of peak flow discharge) at the Property’s outfall location until such time as the Districts’ TPDES permit modification is obtained, at which time the Discharge Easement’s scope shall revert to the originally contemplated scope provided in Section 2(a)(i) above.
Sample 1
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Related to DISCHARGE CAPACITY ASSURANCE

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  • DISCHARGE CASES 10.01 In the event of an Employee who has attained seniority being discharged from employment, and the Employee feeling that an injustice has been done, the case may be taken up as a grievance.

  • Acting Capacity ‌ When an employee is assigned temporarily 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 Article 48, Reclassifications, or the filling of a vacancy pursuant to Article 56, Seniority.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

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